Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Armenia about German war graves in the Republic of Armenia
The Government of the Federal Republic of Germany and the Government of the Republic of Armenia
Desiring to create a final settlement for German war graves located in the territory of the Republic of Armenia, to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, in execution of Article 18 of the Treaty of November 9, 1990, on Good Neighborship, Partnership and Cooperation between the Federal Republic of Germany and the Union of Soviet Socialist Republics, have agreed as follows:
Article 1
For the purposes of this Agreement, the terms shall have the following meanings:
a) “German war dead”:
- members of the German armed forces,
- persons equated with them under German law,
- other persons of German nationality who died in connection with the events of the war of 1914/1918 or the war of 1939/1945 or after their deportation;
b) German war graves: the graves of German war dead located in the territory of the Republic of Armenia;
c) “German war cemeteries”:
the cemeteries or parts of cemeteries in which German war dead are buried, which still exist, can be found or are to be newly established in the territory of the Republic of Armenia.
Article 2
(1) The Government of the Republic of Armenia shall ensure the protection of German war graves and the permanent right of rest for German war dead on its sovereign territory and shall keep the surroundings of German war graves free of any installations that are incompatible with the dignity of these sites.
(2) The Government of the Federal Republic of Germany is entitled to design and maintain German war graves and German war grave sites in the Republic of Armenia at its own expense.
Article 3
(1) The Government of the Republic of Armenia shall cede the areas of land serving as German war grave sites as permanent resting places for German war dead, for the past and the future, free of charge and for an unlimited period of time.
(2) Property rights are not affected by this Agreement. Any changes deemed necessary to the boundaries of areas of land used as German war gravesites shall be settled by mutual agreement between the Parties or their designated agencies. If the Parties agree that a site is no longer used, either in whole or in part, for the intended purpose, this change shall result in the loss of the right of use for the Government of the Federal Republic of Germany.
(3) Should a site as defined in paragraph 1 be needed for another use for compelling public reasons, the Government of the Republic of Armenia shall make available to the Government of the Federal Republic of Germany another suitable site and shall bear the costs of the reburial of the dead and the preparation of the new graves. The selection of the new site, its preparation and the reburial shall be carried out by mutual agreement.
Article 4
(1) The Government of the Republic of Armenia shall, without incurring any costs and after having submitted a plan for prior approval, permit the Government of the Federal Republic of Germany to consolidate the graves of German war dead whose reburial the Government of the Federal Republic of Germany considers necessary. The exhumation of German war dead shall be carried out by forces designated by the German side.
(2) A record shall be kept of every reburial of a German war dead, stating the old and new grave location, personal details, the inscription on the dog tag or other identifying features.
(3) Insofar as it can be proven that formerly existing German war gravesites on Armenian soil have been abandoned due to infrastructural changes that have taken place in the meantime and the German dead buried there can no longer be recovered, the government of the Republic of Armenia shall, at the request of the German side, permit the erection of memorials in a simple and dignified form at these former sites. The government of the Republic of Armenia shall provide suitable terrain for this purpose.
(4) Insofar as a provisional burial of German war dead found on Armenian soil is required to enable a final burial at a German war grave site, the government of the Republic of Armenia shall make arrangements for their proper and dignified provisional burial and the marking of the graves.
Article 5
If graves of war dead from other states are located on German war gravesites in addition to German war graves, this fact shall be given due consideration in decisions regarding the preservation and maintenance of these graves.
Article 6
(1) The repatriation of German war dead from the territory of the Republic of Armenia to the Federal Republic of Germany requires the prior consent of the Government of the Federal Republic of Germany. The Government of the Republic of Armenia shall only permit such repatriation if this consent has been obtained.
(2) The consent of the Government of the Federal Republic of Germany is also required for applications to the Government of the Republic of Armenia for the repatriation of German war dead to third countries.
(3) All costs and fees for the disinterment and transfer of German war dead to foreign countries shall be borne by the applicants.
(4) Representatives of the authorities of both Parties may be present at the disinterment of German war dead for transfer.
Article 7
(1) The Government of the Federal Republic of Germany commissions the German War Graves Commission (hereinafter referred to as the “VOLKSBUND”) with the technical implementation of the tasks in the Republic of Armenia that arise for the German side from this agreement.
(2) The Government of the Republic of Armenia assigns similar tasks to the Council of Veterans of the Republic of Armenia.
(3) In the event that the Government of the Federal Republic of Germany or the Government of the Republic of Armenia wishes to commission another organization, agreement shall be reached between the Contracting Parties.
Article 8
(1) The Government of the Republic of Armenia shall grant the VOLKSBUND every possible support, in particular access to the documents available now or in the future at all authorities and other institutions concerning German war graves and deceased German soldiers. Other agreements and arrangements shall remain unaffected.
(2) The VOLKSBUND may send representatives, specialists and other personnel to the Republic of Armenia to carry out its tasks.
Article 9
(1) In carrying out the work arising from the implementation of this Agreement, the VOLKSBUND shall, wherever possible, use local labor and materials in accordance with the conditions customary in free competition.
(2) The VOLKSBUND may also import into the Republic of Armenia and re-export from the Federal Republic of Germany or another Member State of the European Union equipment, means of transport, materials and accessories necessary for the execution of the work referred to in this Agreement.
(3) The following shall apply to the customs clearance of these goods:
(a) temporarily imported equipment and means of transport shall be cleared on importation into the Republic of Armenia on the import-export customs note, subject to the condition that the said equipment and means of transport are re-exported after completion of the work;
(b) Materials and equipment intended for the construction, decoration or maintenance of graves, memorials or cemeteries shall remain free of import duties if the customs authorities are presented, in addition to the regular import declaration, with:
- an exact list of the imported goods,
- a declaration of commitment, signed by a duly authorized person, containing an undertaking to use the said goods only for the purposes provided for in this Agreement.
Article 10
(1) The transfer of the areas serving as German war graves, agreed in accordance with Article 3, paragraph 1, shall authorize the VOLKSBUND to carry out directly all the work of preparation and beautification of the war gravesites, as well as the construction of suitable access roads, recreation rooms and other facilities for visitors, within the framework of the relevant Armenian legal provisions.
(2) The VOLKSBUND shall ensure that all legal requirements concerning hygiene and health are observed during construction work as provided for by Armenian law. It shall comply with the relevant legal and administrative regulations concerning cemetery regulations.
Article 11
This Agreement shall enter into force one month after the date on which the Contracting Parties have notified each other that the necessary domestic requirements for entry into force have been met.
Done at Yerevan on December 21, 1995 in two copies, each in the German and Armenian languages, each text being equally authentic.
For the Government of the Federal Republic of Germany Kinkel
For the Government of the Republic of Armenia Papasian