Caption: AdoptedRejectedWithdrawnNo electronic votes
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 4 in favor 8 against 0 abstention
In the draft resolution, paragraph 1, replace the fifth sentence with the following sentence:
"Following the 6-week military hostilities between Armenia and Azerbaijan from September to November 2020, its parliament and government buildings were subsequently stormed by demonstrators."
Explanatory note
Factually, what happened "from September to November 2020" was "the military hostilities between Armenia and Azerbaijan." This is the wording used by the Monitoring Committee during and after the 6-week war. When it comes to "the conflict" between them, it actually lasted from the late 1980s to 2020.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 10 in favor 41 against 4 abstentions
In the draft resolution, paragraph 3, first sentence, replace the words "in the Nagorno-Karabakh conflict" with the following words:
"of the 6-week war with Azerbaijan".
Explanatory note
It should be correctly reflected that, in fact, the result of the 6-week war "triggered serious political crisis" in Armenia.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 12 in favor 39 against 4 abstentions
In the draft resolution, paragraph 5, second sentence, replace the words "from all sides" with the following words:
"on both sides".
Explanatory note
The 6-week war took place between Armenia and Azerbaijan, as the conflict had been between the two countries. So basically, there are only two sides that we can refer to.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 12 in favor 45 against 4 abstentions
In the draft resolution, paragraph 5, second sentence, replace the words "prisoners of war in accordance with paragraph 8 of the Trilateral Statement" with the following word:
"captives".
Explanatory note
Regarding those captured, we must adhere to the agreed language used in Resolution 2391, which was adopted on the basis of a special report on the humanitarian consequences of the conflict between Armenia and Azerbaijan, where they are called "captives" and not classified as "prisoners of war" (paragraph 6.7).
25 January 2022
Tabled by Ms Arusyak JULHAKYAN, Mr Eduard AGHAJANYAN, Mr Ruben RUBINYAN, Ms Sona GHAZARYAN , Mr Vladimir VARDANYAN
In the draft resolution, paragraph 5, replace the fifth sentence with the following sentence:
"The Assembly welcomes the unilateral and unpreconditioned transfer of landmine maps to Azerbaijan as a manifestation of good will and adherence to the Council of Europe standards."
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 14 in favor 45 against 2 abstentions
In the draft resolution, paragraph 5, after the fifth sentence, insert the following sentence:
"It further calls for the full investigation of allegations and bringing to justice of anyone, including at command level, found to be responsible for crimes, war crimes or other wrongful acts."
Explanatory note
It is appropriate to recall in this resolution the Assembly's call to investigate the allegations of war crimes, as no progress has been made in this regard. It is an agreed provision taken from Resolution 2391 adopted on the basis of the report of Mr Paul Gavan (paragraph 9).
25 January 2022
Tabled by Mr Rafael HUSEYNOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 13 in favor 48 against 3 abstentions
In the draft resolution, paragraph 5, sixth sentence, replace the words "a just and lasting resolution of the Nagorno-Karabakh conflict, within the framework of the Organisation for Security and Co-operation in Europe (OSCE) Minsk Group" with the following words:
"a resolution of all remaining humanitarian issues that resulted from the conflict, including identification of the whereabouts of missing persons".
Explanatory note
Given the fact that the "Nagorno-Karabakh conflict" is over, we should focus on the elimination of the humanitarian consequences of this protracted conflict and act on issues related to the post-conflict period, such as confidence building, the reconciliation process, the signing of a peace agreement between Armenia and Azerbaijan.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 14 in favor 39 against 3 abstentions
In the draft resolution, after paragraph 5, insert the following paragraph:
"The Assembly notes that on 7 December 2021, the International Court of Justice (ICJ) delivered its Order on the request for the indication of provisional measures made by the Republic of Azerbaijan in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia). In this regard, it calls on Armenia to comply with the Order of the ICJ by taking all necessary measures to prevent the incitement and promotion of racial hatred, including by organisations and private persons in its territory, targeted at persons of Azerbaijani national or ethnic origin."
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 14 in favor 45 against 4 abstentions
In the draft resolution, after paragraph 5, insert the following paragraph:
"The Assembly notes that the leaders of Azerbaijan and Armenia have agreed at their Sochi meeting of 26 November 2021 to take steps to increase the level of stability and security on the Azerbaijani-Armenian border and to work towards the creation of a bilateral Commission between Azerbaijan and Armenia for the delimitation of the state border between them with its subsequent demarcation. Moreover, the Assembly stresses indeed the need to launch, as soon as possible, specific projects in order to unlock the economic potential of the region, as was emphasised in the statement issued following the meeting in Sochi."
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 14 in favor 44 against 5 abstentions
In the draft resolution, after paragraph 5, insert the following paragraph:
"The Assembly emphasises the necessity of working for reconciliation between Armenia and Azerbaijan, in particular through confidence building measures and achieving the normalisation of their relations based on the respect for each other's sovereignty, territorial integrity, and inviolability of international borders. It calls for prompt launching of negotiations on the peace agreement between the two countries to secure a lasting peaceful coexistence and cooperation in the region."
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
Votes: 12 in favor 49 against 3 abstentions
In the draft resolution, paragraph 6, replace the words "Nagorno-Karabakh conflict" with the following words:
"conflict with Azerbaijan".
25 January 2022
Tabled by Ms Arusyak JULHAKYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Mr Ruben RUBINYAN, Mr Eduard AGHAJANYAN
Votes: 44 in favor 6 against 12 abstentions
In the draft resolution, paragraph 10, first sentence, delete the following words:
"providing a precise legal definition of campaign expenditure,"
Explanatory note
This part should be removed since the VC/OSCE/ODIHR recommendation on this regard which were expressed in the Joint Opinion CDL-AD(2021)025 was addressed in the final text of EC (Article 27). Reference may be made to the Follow up procedure of the Venice Commission on this matter.
25 January 2022
Tabled by Ms Arusyak JULHAKYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Mr Ruben RUBINYAN, Mr Eduard AGHAJANYAN
Votes: 46 in favor 6 against 11 abstentions
In the draft resolution, paragraph 10, first sentence, delete the following words:
", penalising "slander" during election campaigns"
Explanatory note
This part should be removed since in the finally adopted text of the amendments to the Criminal Code (part of the Electoral package voted in May 2021, effective from January 1, 2022), the proposed Article 154.15 (“Publishing – during the period of election campaign, on the voting day, before the end of the voting, or on the preceding day – false information or slander via information and communication technologies, anonymous source, about a political party (alliance of political parties) or a candidate running in elections, for the purpose of damaging the reputation thereof”) was dropped resulting in implementation of the relevant recommendation made in the VC/OSCE/ODIHR Joint Opinion. The reference may be made to the Follow up procedure to the Joint Opinion CDL-AD(2021)025 of the Venice Commission on this matter.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Asim MOLLAZADA, Ms Parvin KARIMZADA, Mr Rafael HUSEYNOV, Mr Sabir HAJIYEV, Mr Erkin GADIRLI
In the draft resolution, at the end of paragraph 14, insert the following words:
"Recalling the recommendations made by MONEYVAL and the Financial Action Task Force, the Assembly calls on the Armenian authorities to strengthen their anti-money laundering and counter-terrorist financing (AML/CFT) measures."
25 January 2022
Tabled by Ms Arusyak JULHAKYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Mr Ruben RUBINYAN, Mr Eduard AGHAJANYAN
Votes: 46 in favor 3 against 9 abstentions
In the draft resolution, paragraph 21, replace the first sentence with the following sentence:
"It regrets, however, that the Armenian authorities did not follow the Venice Commission's recommendations to provide for the renewal of the Constitutional Court while envisaging a transitional period which would allow for a gradual change in the composition of the court in order to avoid any abrupt and immediate change creating a risk of undermining the principle of irremovability of judges."
Explanatory note
The Amendments that were prepared following the guidance of the Venice Commission, were providing for a voluntary early retirement scheme which didn’t work in the practice, since the potential beneficiary judges didn’t apply for proposed early retirement scheme. The recommendation which Armenian authorities didn’t follow was expressed in the other Opinion of VC provided on three legal questions touching the issue of term of tenure of Constitutional Court Justices. In particular, the VC recommended to provide for the renewal of the Constitutional Court while envisaging a transitional period which would allow for a gradual change in the composition of the Court in order to avoid any abrupt and immediate change endangering the independence of this institution.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
In the draft resolution, paragraph 22, first sentence, replace the words "the Nagorno-Karabakh conflict" with the following words:
"the 6-week war".
Explanatory note
The phrase "Nagorno-Karabakh conflict" implies a long period of time, from the late 1980s to 2020. However, this report only refers to the media restrictions associated with the 6-week war and afterwards. From this point of view, it should be specified exactly which event this report refers to.
25 January 2022
Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI
In the draft resolution, paragraph 23, first sentence, replace the words "the Nagorno-Karabakh conflict" with the following words:
"the 6-week war".
Explanatory note
Again, in this paragraph, the context is directly associated with the 6-week war.