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ICRC does not have a right to release a detainee

06 April 2022 17:09 (UTC +04:00)

"The ICRC does not have a right or capacity to release a captured person/ detainee," said head of Public Relations Department of ICRC Baku Office Ilahe Huseynova in a response to APA's query.

"The ICRC does not influence on whom and when to release. It is a prerogative of the detaining side solely," I. Huseynova noted.

"There is an overarching set of rules – International Humanitarian Law (IHL) – that defines obligations of the sides to armed conflict. IHL protects those who do not participate in conflict: sick, wounded and captured persons, medical staff and civilians. Each party bears responsibility to take all needed steps to care for the wounded, sick and captured, protect civilians, prevent disappearances and ensure that the fate and whereabouts of those unaccounted is clarified.

According to its mandate, the ICRC visits persons detained in relation to armed conflict, assesses their treatment and conditions of detention and helps to ensure that those individuals are able to maintain contact with their families. The ICRC discusses its findings in a confidential and bilateral manner with the detaining authorities. The ICRC does not have a right or capacity to release a captured person/ detainee. The ICRC does not influence on whom and when to release. It is a prerogative of the detaining side solely.

We deal with the affected people, their families and with the concerned based on our bilateral confidential dialogue. The individuals whose fate is unknown are included into the list of missing persons and we support the State Commission on Prisoners of War, Hostages and Missing Persons in their efforts to clarify the fate of missing and to give answer to the families," added I. Huseynova.