Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Azerbaijan on German war graves in the Republic of Azerbaijan
The Government of the Federal Republic of Germany and the Government of the Republic of Azerbaijan, desiring to bring about a final settlement regarding German war graves in the territory of the Republic of Azerbaijan and endeavoring to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, have agreed as follows:
Article 1
For the purposes of this Agreement, the following terms shall have the meanings respectively assigned to them:
a) “German War Dead” means
- members of the German armed forces,
- persons assimilated to them under German law,
- other persons of German nationality who died in connection with the events of the 1914/1918 war or the 1939/1945 war or after their deportation;
b) “German war graves”:
the graves of German war dead located in the territory of the Republic of Azerbaijan;
c) “German military 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 Azerbaijan.
Article 2
(1) The Government of the Republic of Azerbaijan shall ensure the protection of German war graves and the permanent right of rest for German war dead in its territory.
(2) The Government of the Federal Republic of Germany shall be entitled to maintain and care for German war graves and cemeteries in the Republic of Azerbaijan at its own expense.
Article 3
(1) For the implementation of Article 2, the Government of the Republic of Azerbaijan shall provide the necessary plots of land as permanent resting places for the German war dead free of charge and for an unlimited period.
(2) Property rights shall not be affected by this Agreement.
Article 4
(1) The Government of the Republic of Azerbaijan shall permit the Government of the Federal Republic of Germany, at no cost and upon presentation of a plan for prior approval, 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 named 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 former German war gravesites on Azerbaijani soil have been abandoned due to infrastructural changes that have since taken place, and the German dead buried there can no longer be recovered, the government of the Republic of Azerbaijan shall, at the request of the German side, allow memorials to be erected at these former sites in a simple and dignified form. The government of the Republic of Azerbaijan will provide suitable sites for these memorials.
(4) Insofar as a provisional burial of German war dead found on Azerbaijani soil is necessary to enable a final burial at a German military cemetery, the government of the Republic of Azerbaijan will ensure a proper and dignified provisional burial and the marking of the graves.
Article 5
If graves of war dead from other countries are located on German war cemeteries in addition to German war dead, this 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 Azerbaijan to the Federal Republic of Germany shall require the prior consent of the Government of the Federal Republic of Germany. The Government of the Republic of Azerbaijan will only permit such a transfer 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 Azerbaijan for the transfer of German war dead to third countries.
(3) All costs and fees for the exhumation and transfer of German war dead abroad shall be borne by the applicants.
(4) Representatives of the authorities of both parties may be present at the exhumation of German war dead for repatriation.
Article 7
(1) The Government of the Federal Republic of Germany commissions the German War Graves Commission (hereinafter referred to as the “Commission”) with the technical implementation of the tasks in the Republic of Azerbaijan that arise for the German side from this agreement.
(2) In the event that the Government of the Federal Republic of Germany wishes to commission another organization, an agreement shall be reached between the Parties.
Article 8
(1) The Government of the Republic of Azerbaijan shall provide the VOLKSBUND with every possible assistance, in particular access to records currently available or available in the future from 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, experts and other personnel to the Republic of Azerbaijan 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 of free competition.
(2) The VOLKSBUND may also import into the Federal Republic of Germany or another Member State of the European Union and re-export from these countries equipment, means of transport, materials and accessories that are necessary for the work specified in this Agreement.
(3) The following shall apply to the customs clearance of these goods:
a) equipment and means of transport temporarily imported shall be customs cleared on import into the Republic of Azerbaijan on condition that the said equipment and means of transport are re-exported after the work has been completed;
(b) Materials and articles intended for the construction, decoration or maintenance of graves, memorials or cemeteries shall be admitted free of import duties if, in addition to the regular import declaration, the customs authorities are provided with the following:
- a detailed list of the imported goods,
- a declaration of commitment signed by a duly authorized person, in which it is bindingly assured that the said goods will only be used for the purposes provided for in this Agreement.
Article 10
(1) The transfer of the areas agreed in accordance with Article 3 (1) and serving as German war gravesites authorizes the VOLKSBUND to carry out all work at the war gravesites and to construct suitable access roads, recreation rooms and other facilities for visitors directly within the framework of the relevant Azerbaijani legal provisions.
(2) The VOLKSBUND shall ensure that all legal requirements for hygiene and health under Azerbaijani law are complied with during the construction work. It shall observe the relevant legal and administrative provisions concerning the 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 Baku, on December 22, 1995, in two copies, each in the German, Azerbaijani and Russian languages, each text being authentic. In case of differences in the interpretation of the German and Azerbaijani texts, the Russian text shall be decisive.
For the Government of the Federal Republic of Germany Kinkel
For the Government of the Republic of Azerbaijan Hassanov