Recommendation 1797 (2007)

Missing persons in Armenia, Azerbaijan and Georgia from the conflicts over the Nagorno-Karabakh, Abkhazia and South Ossetia regions

Author(s): Parliamentary Assembly

Origin - Text adopted by the Standing Committee,acting on behalf of the Assembly, on 24 May 2007 (seeDoc. 11196, report of the Committee onMigration, Refugees and Population, rapporteur: MrPlatvoet).

1. The Parliamentary Assembly refers to its Resolution 1553 (2007) on missing persons in Armenia, Azerbaijan and Georgia from the conflicts over the Nagorno-Karabakh, Abkhazia and South Ossetia regions.

2. It considers that the failure to solve the issue of missing persons in Armenia, Azerbaijan and Georgia causes tremendous suffering for the families of missing persons. It continues to fuel tension in the region and hampers efforts to find a peaceful solution to the conflicts over the regions of Nagorno-Karabakh, Abkhazia and South Ossetia.

3. It recognises that experience gained in dealing with the issue of missing persons in the Balkans can contribute to solving the issue of missing persons in other parts of Europe and elsewhere.

4. It recognises that the longer it takes to implement efficient mechanisms to deal with the issue of missing persons, the less likely it will be for these people to be identified and returned to their families.

5. It considers that the European Convention on Human Rights (ETS N°. 5) and its case law have developed important standards relevant to the rights of missing persons and members of their families.

6. It believes that the Council of Europe has a role to play in helping to solve the issue of missing persons in the region of Armenia, Azerbaijan and Georgia and that the Council of Europe should be ready to react promptly in future situations where persons go missing.

7. Therefore, the Assembly recommends that the Committee of Ministers:

1. call upon the Steering Committee for Human Rights (CDDH) to organise a conference on the issue of missing persons following conflicts in Europe and the standards under the European Convention on Human Rights;

2. instruct the CDDH to prepare a resolution or guidelines on the steps to be taken by member states to protect the rights of missing persons and members of their families during and after conflicts;

3. invite the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to examine allegations of missing persons being held in secret detention in Armenia, Azerbaijan and Georgia, and also to carry out visits to the regions of Nagorno-Karabakh, Abkhazia and South Ossetia, if necessary.