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Armenia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

Human rights nongovernmental organizations (NGOs) continued to express concerns over noncombat deaths in the army and the failure of law enforcement bodies to conduct credible investigations into those deaths. During the year there were major personnel changes in the army, and some observers noted a drastic decrease of suicides in the army following the appointments as well as increased public attention to the problem.

According to civil society organizations and families of the victims, the practice of qualifying many noncombat deaths as suicides at the onset of investigations made it less likely that abuses would be uncovered and investigated. According to human rights lawyers, the biggest obstacle to investigation of military deaths was the destruction or nonpreservation of key evidence, both by the military command (in cases of internal investigations) and by the specific investigation body working on a case. In addition, human rights NGOs disagreed with the statistics on military deaths presented by the Prosecutor General’s Office and the Ministry of Defense, citing arbitrary decision making as to whether the deaths were classified as related or not related to military service. They also decried the government’s failure to provide the public with prompt and complete information on nonmilitary deaths. The NGO Helsinki Citizens Assembly-Vanadzor reported a doubling in the number of reported suicides in the army in the first half of the year, as compared with 2019.

On February 2, the family and community members of military conscript Vahram Avagyan, who allegedly committed suicide on January 30, attempted to bring his body to Yerevan and blocked the Armavir-Yerevan road in protest against the investigative body’s declaration that Avagyan’s death was a suicide. Following then minister of defense Davit Tonoyan’s personal assurance that a proper investigation would be conducted and any culprits punished, the family returned to their village to hold the funeral. On the same day, the Investigative Committee reported the arrest of three of Avagyan’s fellow conscripts–Davit Movsisyan, Khachik Gasparyan, and Spartak Avetisyan–on charges of violating statutory relations leading to grave consequences.

Responding to a question during a February 12 National Assembly session, Prime Minister Pashinyan stated that noncombat military deaths were caused by the continued existence of a criminal subculture throughout society. Human rights activists asserted, however, that the criminal subculture, which they agreed was prevalent in the military, was not created by conscripts but instead created and maintained by officers and commanders. Human rights NGOs reported that improvements to material conditions, food quality, and safety at duty locations were carried out prior to the September 27 to November 10 fighting but called on authorities to take concrete measures to punish those maintaining the criminal subculture.

On February 28, then deputy minister of defense Gabriel Balayan stated that human rights defenders’ call on authorities to seek out elements of a criminal subculture among the command staff was destructive, averred that they revel at each new unfortunate event, and stated that law enforcement bodies would soon look into the organizations and their funding. On February 29, the NGO Human Rights House condemned Balayan’s statements, called upon authorities to refrain from attempts to discredit human rights defenders and threaten them with legal action, to examine if there were grounds to discipline Balayan and have him issue an apology, and for the Defense Ministry to take measures to strengthen public oversight over the armed forces.

In response to continued demands from families whose sons died in the army under noncombat conditions, on August 3, Prime Minister Pashinyan signed a decree to form a working group to look into eight outstanding criminal cases. Consisting of three independent attorneys and three experts from the Ministry of Justice and the Prime Minister’s Office, the group was reportedly granted full access to case materials without having to go through law enforcement structures that the families stated they do not trust. In October 2019 the government approved the Judicial and Legal Reform Strategy for 2019-2023 and action plan for its implementation that envisage the creation of a fact-finding group to examine noncombat deaths, among other human rights problems. The action plan’s deadline, however, for adopting relevant legislation and establishing the commission was not met.

During the 44 days of intensive fighting involving Armenia, Armenia-supported separatists, and Azerbaijan, there were credible reports of unlawful killings involving summary executions and civilian casualties (also see sections 1.b., 1.c., 1.d., 5, and 6; and the Country Reports on Human Rights Practices for Azerbaijan). The sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities. The cases remained pending with the ECHR.

On December 10, Amnesty International issued a report based on 22 videos it had authenticated, out of dozens of videos circulating on social media depicting atrocities committed by both ethnic Armenians and Azerbaijanis. Among these 22 videos, the Amnesty report documented the cutting of an Azerbaijani border guard’s throat while the guard was gagged and bound, and it assessed that the guard received a wound that led to his death. According to Amnesty, Azerbaijani media named the border guard as Ismail Irapov. Amnesty urged both countries to investigate what it described as “war crimes.”

For example, on October 4, Human Rights Watch reported “Armenian forces” struck Ganja, Azerbaijan’s second largest city located about 28 miles from the areas involved in active fighting at the time. Azerbaijani government officials reported one civilian was killed and 32 injured as a result of the missile strike. On October 17, another Armenian missile struck Ganja, killing 14 civilians.

On October 30, Human Rights Watch reported that on October 28, Armenian or separatist forces fired cluster munitions from a Smerch installation, striking the Azerbaijani town of Barda, located approximately 10 miles east of the front. The Armenian Ministry of Defense denied allegations that Armenian forces had conducted the attack. It later published a list of military targets it claimed were located in Barda. The Azerbaijani government reported that 26 civilians were killed on October 27 and 28 in attacks on the city, including a humanitarian aid worker from Azerbaijan’s Red Crescent Society, confirmed by the International Committee of the Red Cross.

On November 2, the office of the UN High Commissioner for Human Rights criticized continuing attacks in populated areas in and around the Nagorno-Karabakh conflict zone. High Commissioner Michelle Bachelet noted that “homes have been destroyed, streets reduced to rubble, and people forced to flee or seek safety in basements.”

On December 11, Human Rights Watch documented 11 incidents in which “Armenian forces” used ballistic missiles, unguided artillery rockets, and large-caliber artillery projectiles, which Human Rights Watch reported resulted in the deaths and injuries of dozens of civilians.

Authorities reported 75 ethnic Armenian civilians were killed and 167 were wounded during the fighting. The Azerbaijani government reported 98 civilians killed and more than 400 wounded during the conflict.

There also was an outbreak of violence–including the exchange of fire using heavy weaponry and deployment of drones–at the international border between Azerbaijan and Armenia from July 12 to July 16. Recurrent shooting along the Line of Contact caused civilian deaths.

There was no progress in the investigation into the 2018 death of Armen Aghajanyan, who was found hanged in the Nubarashen National Center for Mental Health where he had been transferred from Nubarashen Penitentiary for a psychological assessment. His family believed Aghajanyan was killed to prevent his identification of penitentiary guards who beat him prior to his transfer to the hospital. One of the alleged attackers, Major Armen Hovhannisyan, was initially charged with torture and falsification of documents, but the trial court requalified his actions as exceeding official authority and released him on the basis of a 2018 amnesty. During the year the family appealed the decision to the court of appeal with no success. The investigation into the death continued.

During the year hearings continued into a high-profile case against former officials for their alleged involvement in sending the military to break up protests following the 2008 presidential election, in which eight civilians and two police officers were killed. Charges filed in this and associated criminal cases included allegations of overthrowing the constitutional order, abuse and exceeding official authority, torture, complicity in bribery, official fraud, and falsification of evidence connected with the investigation of the 2008 postelection events.

High-profile suspects in the cases included former president Robert Kocharyan, former minister of defense Mikhail Harutyunyan, former deputy minister of defense Yuri Khachaturov, former defense minister Seyran Ohanyan, former chief of presidential staff Armen Gevorgyan, former police chief Alik Sargsyan, former prosecutor general Gevorg Kostanyan, and others. In July 2019 Kocharyan was charged with overthrowing the constitutional order in connection with the violent suppression of protests in 2008. On June 19, Kocharyan, who also faced corruption charges, was released after paying two billion drams bail (approximately four million dollars). As of May 19, the case against Gegham Petrosyan, a former deputy police commander charged in June 2019 with the murder of Zakar Hovhannisyan during suppression of the protests remained under investigation.

In September family members of victims of the postelection violence in 2008 announced they would refuse to attend further court hearings, given that two years into the trial, the court had not yet started discussing the merits of the case, following countless motions and appeals, often similar, by the defense. The families accused the defense of purposely dragging out the process and blamed the Prosecutor General’s Office for turning the trial into a farce and not taking effective measures to move the case forward.

Azerbaijan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were reports that the government or its agents committed arbitrary or unlawful killings.

The Office of the Prosecutor General is empowered to investigate whether killings committed by the security forces were justifiable and pursue prosecutions.

Reports of arbitrary or unlawful killings in police custody continued. For example, on November 9, Talysh historian and activist Fakhraddin Abbasov reportedly died in Gobustan prison under suspicious circumstances. Prison authorities stated he committed suicide. On October 13, he reportedly announced that his life was in danger and warned family and supporters not to believe future claims he had died by suicide. Some human rights activists also noted suicide was against Abbasov’s religious views.

During the 44 days of intensive fighting involving Azerbaijan, Armenia, and Armenia-supported separatists, there were credible reports of unlawful killings involving summary executions and civilian casualties (see sections 1.b., 1.c., 1.d., 2.a., 5, and 6, and the Country Reports on Human Rights Practices for 2020 for Armenia). The sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities. The cases remained pending with the ECHR.

In early October, two videos surfaced on social media of Azerbaijani soldiers humiliating and executing two Armenian detainees in the town of Hadrut. On October 15, the videos were assessed as genuine by independent experts from Bellingcat, the BBC, and the Atlantic Council’s Digital Forensic Research Lab (DFRL). Armenian authorities identified the victims as civilian residents Benik Hakobyan (age 73) and Yuriy Adamyan (age 25). Digital forensic analysis by the DFRL and Bellingcat concluded the video footage was authentic, noting it was filmed in Hadrut, Nagorno-Karabakh, and showed the captives being taken by men speaking Russian and Azerbaijani and wearing Azerbaijani uniforms. One of the captors in the video was wearing a helmet typically worn by members of the Azerbaijani special forces, according to the Atlantic Council and Bellingcat analyses. The government stated the videos were staged.

In another high-profile example, on December 10, Amnesty International issued a report based on 22 videos it had authenticated, out of dozens of videos circulating on social media depicting atrocities committed by both Azerbaijanis and ethnic Armenians. Among these 22 videos, the Amnesty report documented the execution by decapitation of two ethnic Armenian civilians by Azerbaijani forces, one of whom wore a helmet that Amnesty reported was associated with special operations forces. Amnesty urged both countries to investigate what it described as “war crimes.”

There were credible reports of Azerbaijani forces and Armenian or ethnic Armenian separatist forces firing weapons on residential areas and damaging civilian infrastructure with artillery, missiles, and cluster munitions. Such attacks resulted in significant civilian casualties.

Azerbaijani armed forces allegedly used heavy artillery missiles, combat unmanned aerial vehicles (UAVs), and aerial bombs, as well as cluster munitions, hitting civilians and civilian facilities in Nagorno-Karabakh. The Azerbaijani government denied the accusations that the military shelled civilian structures. For example, on October 3 and December 11, Human Rights Watch criticized Azerbaijan’s armed forces for repeatedly using weapons on residential areas in Nagorno-Karabakh. On October 5, Amnesty International crisis response experts corroborated the authenticity of video footage–consistent with the use of cluster munitions–from the city of Stepanakert that was published in early October and identified Israeli-made cluster munitions that appeared to have been fired by Azerbaijani armed forces. The Hazardous Area Life-support Organization (HALO) Trust, an international nongovernmental organization (NGO) working in Nagorno-Karabakh to clear unexploded ordnance, confirmed the use of cluster munitions in operations striking civilian infrastructure in Nagorno-Karabakh during intensive fighting in the fall.

On November 2, the office of the UN High Commissioner for Human Rights criticized continuing attacks in populated areas in and around the Nagorno-Karabakh conflict zone. High Commissioner Michelle Bachelet noted that “homes have been destroyed, streets reduced to rubble, and people forced to flee or seek safety in basements.”

The Azerbaijani government reported 98 civilians killed and more than 400 wounded during the fighting. Armenian authorities reported 75 ethnic Armenian civilians were killed and 167 were wounded during the fighting.

There also was an outbreak of violence–including the exchange of fire using heavy weaponry and deployment of drones–at the international border between Azerbaijan and Armenia from July 12 to July 16. Recurrent shooting along the Line of Contact caused civilian deaths.

Georgia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. The State Inspector’s Service investigates whether security force killings were justifiable and pursues prosecutions. There was at least one report that de facto authorities in the Russian-occupied regions of the country committed an arbitrary or unlawful killing.

On July 7, Rustavi City Court convicted three Internal Affairs Ministry police officers, Mikheil Ghubianuri, Dimitri Dughashvili, and Davit Mirotadze, for deprivation of liberty and sentenced Dughashvili to nine years in prison and Mirotadze and Ghubianuri to a maximum of 10 years in prison. The convictions followed the October 2019 discovery of the body of David Mumladze, who disappeared earlier that month. Authorities arrested the three officers and charged them with illegally detaining Mumladze. The officers allegedly delivered Mumladze to members of a criminal group, who stabbed him and threw his body into a river.

On January 25, the Prosecutor General’s Office terminated its investigation into the 2018 death of 18-year-old Temirlan Machalikashvili from gunshot wounds inflicted by security forces during a 2017 counterterrorism raid in the Pankisi Gorge. According to the Prosecutor General’s Office, the investigation was terminated due to the absence of a crime. In her annual report covering 2019, released on April 2, the public defender stated that after reviewing the case file in February, she had asked the prosecutor general to reopen the investigation. She considered it “imperative” to reopen the investigation as “several important investigative actions” had not been conducted. Machalikashvili’s father, Malkhaz, alleged the killing was unjustified. The Public Defender’s Office emphasized the importance of a transparent, objective, and timely investigation; nongovernmental organizations (NGOs) criticized the subsequent investigation as lacking integrity. In August 2019 Malkhaz Machalikashvili began a nationwide campaign to collect signatures to force parliament to establish a fact-finding commission. In 2019 the public defender asked parliament to question the Prosecutor General’s Office regarding the investigation, stating this would “demonstrate systemic problems” in the office. In October 2019 the European Court of Human Rights (ECHR) opened discussion of the case.

The trial for the 2008 death of Badri Patarkatsishvili continued as of August. The trial began in March 2019, following an investigation begun in 2018 by the Prosecutor General’s Office (then known as the Chief Prosecutor’s Office) after releasing audio tapes dating back to 2007 in which former government officials were heard discussing methods of killing Patarkatsishvili that would make death appear natural. A former official of the Internal Affairs Ministry’s Constitutional Security Department, Giorgi Merebashvili, was charged with participating in planning the killing. In November 2019 authorities charged four former officials of the department–Gia Dgebuadze, David Kokiashvili, Ilia Gamgebeli, and Levan Kargadava–with abuse of power and illegal detention for allegedly arranging the arrest of Jemal Shamatava, an Ureki police chief, after Shamatava warned Patarkatsishvili of a potential attack in 2006. On July 27, the Tbilisi City Court found the four defendants guilty. Levan Kargadava and Gia Dgebuadze each received seven years and six months’ imprisonment, and David Kokiashvili and Ilia Gamgebeli entered a plea agreement and received 18 months’ imprisonment.

In November 2019 the Prosecutor General’s Office charged former justice minister Zurab Adeishvili and the leader of opposition party Victorious Georgia, Irakli Okruashvili, with abuse of power in connection with the 2004 killing of Amiran (Buta) Robakidze. The trial at Tbilisi City Court–which began later that month–continued as of December. On December 2, hearings in the cases of Okruashvili and several other high-profile defendants were postponed indefinitely due to COVID-19 safety concerns.

There was at least one report that de facto authorities in the Russian-occupied regions of the country committed an unlawful killing. On August 28, Inal Jabiev, age 28, reportedly died in the custody of de facto South Ossetian police and was allegedly tortured to death. He was detained on August 26 on charges of attempting to assault de facto “minister of internal affairs” Igor Naniev on August 17. No one was injured during the incident. Jabiev’s reported death sparked widespread protests in occupied South Ossetia leading to the removal of Naniev, the resignation of the de facto “prime minister,” and the dissolution of the “government” by the de facto “president.”

Kazakhstan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several well-publicized reports the government or its agents committed arbitrary or unlawful killings or beatings that led to deaths. Activists noted that deadly abuse in prisons, particularly abuse carried out by so-called voluntary assistants–prisoners who receive special privileges in exchange for carrying out orders of prison staff, remained frequent.

On October 17, police detained local herdsman Azamat Orazaly and took him to the police station in Makanchi village on suspicion of cattle theft. Later that same day, Orazaly died, allegedly while police tried to beat out a confession of the theft. On October 19, police confirmed that Azamat died in the police office in Makanchi. The investigation led to charges of torture, and three police officers were arrested.

Some human rights organizations also considered the February 24 death of civil society activist Dulat Agadil, while in police custody, an unlawful killing. Police had arrested Agadil in his house near Nur-Sultan on February 24 and placed him in the capital’s pretrial detention facility following a contempt of court decision related to insults directed at a judge in a separate case. Early the next morning, police reported Agadil had died from a heart attack. After human rights activists demanded an impartial investigation, medical authorities examined Agadil’s body the following day with the participation of two independent doctors, who did not find evidence of forced death, although they did find signs of bruising. On February 29, President Tokayev stated that he had studied the case materials and was confident Agadil died of a heart attack. On May 28, the Nur-Sultan Prosecutor’s Office announced it had dropped its investigation into Agadil’s death after finding no signs of criminal acts, as Agadil’s arrest and detention were in full compliance with the law.

The legal process continued in the killing of a human rights defender from 2019. In May 2019 the body of activist Galy Baktybayev, who was shot with a rifle, was found in the Karaganda region’s Atasu village. Baktybayev was a civil activist who raised problems of corruption, embezzlement, and other violations by local government. A special investigation group created by the Minister of Internal Affairs detained four suspects, including one former police officer. The investigation was completed and submitted to court in May, and an ongoing jury trial began on August 17.

Turkey

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were credible allegations that the government contributed to civilian deaths in connection with its fight against the terrorist Kurdistan Workers’ Party (PKK) organization in the southeast, although at a markedly reduced level compared with previous years (see section 1.g.). The PKK continued to target civilians in its attacks; the government continued to work to block such attacks. The law authorizes the Ombudsman Institution, the National Human Rights and Equality Institution, prosecutors’ offices, criminal courts, and parliament’s Human Rights Commission to investigate reports of security force killings, torture, or mistreatment, excessive use of force, and other abuses. Civil courts, however, remained the main recourse to prevent impunity.

According to the International Crisis Group, from January 1 to December 10, a total of 35 civilians, 41 security force members, and 235 PKK militants were killed in eastern and southeastern provinces in PKK-related clashes. Human rights groups stated the government took insufficient measures to protect civilian lives in its fight with the PKK.

The PKK continued its nationwide campaign of attacks on government security forces and, in some cases, civilians. For example, on May 14, PKK terrorists attacked aid workers in Van, killing two and injuring one. On June 18, PKK terrorists reportedly attacked a truck carrying fuel for roadwork in Sirnak province by planting an improvised explosive device (IED). The IED explosion killed four truck passengers.

There were credible reports that the country’s military operations outside its borders led to the deaths of civilians. On June 25, a Turkish air strike against the Kurdistan Free Life Party terrorist group reportedly wounded at least six civilians in Iraq. On June 19, Turkish air strikes against PKK targets killed three civilians in the same region of Iraq, according to Human Rights Watch.

Eyewitnesses, a local human rights monitor, and local media reported that an attack carried out by Turkish forces or Turkish-supported Syrian opposition groups on October 16 struck a rural area killing a young boy and injuring others in Ain Issa, Syria; the circumstances of this event are in dispute. Official Turkish government sources reported responding to enemy fire on the date in question and in the area that corresponds with this event, with four to six People’s Protection Units (YPG) fighters reportedly “neutralized,” a term Turkish authorities use to mean killed, captured, or otherwise removed from the battlefield. The government of Turkey considers the YPG the Syrian branch of the United States-designated foreign terrorist organization the PKK. According to media, YPG forces have also reportedly fired on Turkish and TSO forces following Turkey’s October 2019 incursion into northeast Syria and in November and December 2020, including near civilian infrastructure.

Following the launch of the Turkish armed forces’ offensive in northern Syria in October 2019 the UN Office of the High Commissioner for Human Rights, Amnesty International, and Human Rights Watch continued to report claims from local and regional human rights activists and media organizations that Turkish-supported Syrian opposition groups committed human rights abuses, reportedly targeting Kurdish and Yezidi residents and other civilians, including arbitrary arrests and enforced disappearance of civilians; torture and sexual violence; forced evacuations from homes; looting and property seizures in areas under Turkish control; transfer of detained civilians across the border into Turkey; restricting water supplies to civilian populations; recruitment of child soldiers; and looting and desecrating religious shrines. Reports by the UN Commission of Inquiry into Syria similarly suggested that Turkish-supported opposition groups may have been responsible for attacks against civilians (for more information, see the Syria section of Department of State Country Reports on Human Rights). The government rejected these reports as flawed and biased, including by an October 6 note verbale to the UN high commissioner for human rights, but acknowledged the need for investigations and accountability related to such reports. The government relayed that the Turkish-supported Syrian National Army had established mechanisms for investigation and discipline in 2019. The government claimed the military took care to avoid civilian casualties throughout the operation.

According to the Baran Tursun Foundation, an organization that monitors police brutality, police have killed 403 individuals for disobeying stop warnings since 2007. According to the report, 93 were children. In April police shot and killed a 19-year-old Syrian refugee who ran from an enforcement stop connected with anti-COVID-19 measures that at the time prohibited minors younger than age 20 from leaving their residences. On May 28, a police officer involved in the shooting was arrested for the killing. Human rights groups documented several suspicious deaths of detainees in official custody, although reported numbers varied among organizations. In November the Human Rights Foundation of Turkey (HRFT) reported 49 deaths in prison related to illness, violence, or other causes. Of these 15 were allegedly due to suicide. In August a 44-year-old man convicted of having ties to the Gulen movement died in a quarantine cell in Gumushane Prison after displaying COVID-19 symptoms. Press reports alleged the prisoner had requested medical treatment multiple times, but the prison failed to provide it. Peoples’ Democratic Party (HDP) Member of Parliament (MP) Omer Faruk Gergerlioglu called on the Ministry of Justice to investigate the case.

By law National Intelligence Organization (MIT) members are immune from prosecution as are security officials involved in fighting terror, making it harder for prosecutors to investigate extrajudicial killings and other human rights abuses by requiring that they obtain permission from both military and civilian leadership prior to pursuing prosecution.

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