Date: August 1^st, 2014

Embassy of Italy in Tel-Aviv
H.E. Ambassador Francesco Maria TALÒ
Trade Tower
25 Hamered Street
68125 Tel-Aviv, Israel
Tel. (972) 3 510 40 04
Fax (972) 3 510 02 35
info.telaviv@esteri.it
http://www.ambtelaviv.esteri.it

Copies:

Council of Europe
Mr.Thorbjorn Jagland, Secretary General
Tel. 33 3 88 41 20 00
Fax 33 3 88 41 27 99
private.office@coe.int
http://hub.coe.int

Council of Europe Parliamentary Assembly (PACE)
Mrs. Anne Brasseur, President
Tel. 33 3 88 41 23 41
mark.neville@coe.int
http://assembly.coe.int

OSCE Minsk Group

Personal Representative of the OSCE Chairperson-in-Office
on the conflict dealt with by the OSCE Minsk Conference
Ambassador Andrzej Kasprzyk
Tel. 43 1 514 360
Fax 43 1 514 36 69 96
pm@osce.org

Permanent Representation of France to the OSCE
Ambassador Pierre Andrieu
Tel. 43 1 501 82 0
Fax 43 1 501 82 509
france-osce@org-france.at

Permanent Mission of the Russian Federation to the OSCE
Ambassador Igor Popov
Tel. 43 1 280 27 62
Fax 43 1 280 31 90
rfosce@yandex.ru
rfms@chello.at

United States Mission to the OSCE
Ambassador James Warlick
Tel. 43 1 31 339
Fax 43 1 36 863 85
pa-usosce@state.gov

 

“Let us highlight what unites us, not what separates us. What unites us are the objectives of the Council of Europe, namely strengthening human rights, democracy and the rule of law while remembering always that our values cannot be taken for granted, and that we must defend them each and every day.»

(c) Anne Brasseur,  PACE President

 

Dear Mr. TALÒ!

My name is Milana Gorenstein, I am from Baku (Azerbaijan). Since 1988 I live in Jerusalem (Israel). I was the only female independent candidate during the presidential elections -2013 in Azerbaijan.

This letter is a response to official visit of “President” of the Republic of Azerbaijan Ilham Aliyev to Italy on July, 2014. I ask you to transfer the letter and the attached documents (102 pages of complaint No. 25718/14 to European Court of Human Rights (ECHR)) to the Government and the MFA of the Italian Republic.

During the mentioned visit a few agreements were signed by the parties, including a declaration on strategic partnership, which provides, in particular, the close cooperation between the two countries in resolving the Nagorno-Karabakh conflict on the basis of the recognition of the sovereignty, territorial integrity and the sanctity of borders of Azerbaijan. The agreements are presented to general public by the official media of Azerbaijan as a “great success” of Azerbaijani officials. In fact, it was one more attempt of the government of Azerbaijan to violate the international law and create a new legal precedent, based on lies.

I understand that, while signing the documents, the Azerbaijani officials did not inform their Italian partners on lawsuits and other processes that have started just after the presidential elections — 2013 in Azerbaijan, and currently in progress, related to the Succession of State of Azerbaijan according to principles of international law and the final status of the Nagorno-Karabakh.

In this regard I would like to inform the Government of the Italian Republic that:

Presidential elections-2013 in Azerbaijan were totally falsified (see the attached ECHR trillion-Euro lawsuit No. 25718/14). Therefore, any document signed by the non-legitimate “President” will be considered null and void.

Azerbaijan proclaimed its independence in October 1991, before the official dissolution of the USSR. Earlier, in September 1991, the disputed Nagorno-Karabakh region re-affirmed its willingness to create a separate state as the Nagorno-Karabakh Republic.

In his appeal to the Azerbaijani people on the 80th anniversary of creation of the People’s Republic of Azerbaijan in 1998, national leader Heydar Aliyev divided the period after creation of the People’s Republic of Azerbaijan in 4 phases.

•  The first phase — 1918-1920 – existence of the People’s Republic of Azerbaijan (another name — Democratic Republic of Azerbaijan, ADR);
• the second phase — 1920-1922 – existence of the Soviet Socialist Republic of Azerbaijan;
• the third phase — 1922-1991 – totalitarian regime, communist ideology prevail in Azerbaijan, which exists in the Union together with other ally republics;
• the fourth phase – from December 1991, declaration of state independence of Azerbaijan as result of the collapse of Soviet Union till present.

The modern Republic of Azerbaijan is political successor of the People’s Republic of Azerbaijan (another name — Democratic Republic of Azerbaijan, ADR). The Constitutional Act on Independence adopted on October 18, 1991 says that independence lost in 1920 is restored. Being the political successor of the People’s Republic, the Republic of Azerbaijan adopted its flag, emblem and anthem. May 28, 1918, the day the Independence Declaration was declared, is celebrated today as Republic Day.  People’s Republic of Azerbaijan (another name — Democratic Republic of Azerbaijan, ADR) did not include Nagorno-Karabakh within its borders as a part of the state!

The modern world is dwelling in a crisis. The world peacekeeping organizations, called upon to protect this world, are also in crisis. In some cases, their actions cause problems that they should be eliminating in the first place.

The Nagorno-Karabakh war, that took place in the late 1980s to May 1994, had over 20 000 people killed and created over a million refugees; about 500 000 of them – refugees from Azerbaijan, mostly Armenian (as well as Russians, Jews and members of mixed families), that have been forced to flee to Armenia, NKR, Russia, USA and other countries. Many people (including myself) hold the passports of USSR and no country is ready to take a legal responsibility on them according to Succession of States law.

The OSCE Minsk group was established to resolve the Nagorno-Karabakh conflict, however its efforts have not resulted in much success. Contrary to the Azeri refugees from Armenia and Nagorno-Karabakh, the refugees from Azerbaijan have never been in focus of negotiations that took place under the patronage of the OSCE Minsk group, as if 500 000 people “disappeared in the air”…

But we exist and we fight for our rights!

The lack of progress in Nagorno-Karabakh peace settlement negotiations created a real threat of new war and a serious risk to security in the South Caucasus region. The conditions of the long-term media war have raised new generations of Azerbaijanis and Armenians that see the enemy in the neighboring people. The consequences of mutual demonization lead to genocide and war crimes against civilians, crimes against humanity. We must learn the history lessons and never let this happen again in the future.

Nagorno-Karabakh Republic has not been diplomatically recognized by any other state. As such, the region, effectively independent since the beginning of the Nagorno Karabakh War in 1991, is largely considered de jure  part of Azerbaijan until a final solution to its status is found through negotiations. It is a huge legal mistake that have to be fixed as soon as possible.

Since the Republic of Azerbaijan ignores the rights of the former citizens of Soviet Socialist Republic of Azerbaijan (see the documents of ECHR case No. 25718/14), Nagorno Karabakh Republic within its current borders, according to international law, is the only State successor for 500 000 refugees from Azerbaijan.

“Truth’s onward march continues also in this case”, once said the PACE President Anne Brasseur, “…all criminals must be prosecuted and held responsible for their illegal acts, whichever side they belonged to and irrespective of their political role”.

The Azerbaijani officials lied over two decades to people of Azerbaijan and to international community, trying to convert their propaganda slogans into legal reality. The ECHR answer to my complaint No. 25718/14 created a new legal reality. Since the ECHR disagreed to be involved in finding a legal solution for the presented problems, today the Nagorno-Karabakh conflict and problems of refugees can only find a solution based on principles of international law related to Succession of States. Any world state that will support the illegal statements of the Azerbaijani officials in relation to Nagorno-Karabakh territory, should take responsibility on destiny of 500 000 Armenian refugees and can expect over 1 million lawsuits from both Azerbaijani and Armenian refugees on violations of their rights.

I appeal to Government of The Italian Republic to undertake all due steps to prevent new bloodshed and support our efforts to establish peace in the South Caucasus. Nagorno-Karabakh Republic should be recognized as a neutral independent state (based on precedent of Turkmenistan). The compensations and other issues, related to refugees from both sides, will be resolved during further negotiations. The complete plan for peaceful resolution of Nagorno-Karabakh conflict, developed by “AZAM21” peacemaking group, will be presented to OSCE Minsk group co-chairs and other international organizations on August, 2014.

As a leader of “AZAM21” peacemaking group, I strongly believe that the real peace solution lies in the destruction of image of the enemy, reestablishment of lost neighborly relations, peaceful conflict resolution based on principles of international law without double standards, and, most importantly, in the bringing back of the VALUE OF HUMAN LIFE to the political and public agenda. This will bring hope of reducing global tension, and a more secure world for generations to come.

With my esteem and respect,

Milana Gorenstein, LL.B
/HM Queen Maria II of Jerusalem and of Nagorno-Karabakh/

International lawyer, journalist
Former member of the Board of Directors of Amnesty International (Israel)
Founder of “AZAM21” peacemaking group
Founder of “Karabakh Our Home” International civil movement

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