Madat Babayan admitted to participating in killing of unarmed people in Khojaly: We made a mistake

Baku, April 18, AZERTAC

Court hearings on the criminal case against citizens of the Republic of Armenia Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, Davit Babayan, Lyova Mnatsakanyan and others, who are accused of committing crimes against peace and humanity, war crimes, including the preparation and conduct of a war of aggression, acts of genocide, violation of the laws and customs of warfare, as well as terrorism, financing of terrorism, forcible seizure of power, forcible retention of power and numerous other crimes as a result of Armenia's military aggression, was continued on April 18.

The hearings held at the Baku Military Court were presided over by Judge Zeynal Aghayev and a panel consisting of Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova). Each of the accused was provided with an interpreter into the language of their choice, as well as defense attorneys.

Present at the hearings were the accused and their defense attorneys, some of the victims, their legal successors and representatives, as well as prosecutors in charge of public prosecution.

Judge Zeynal Aghayev explained the rights and obligations stipulated by the legislation to those pf the victims who were participating in the hearings for the first time.

Then the victims made their statements and answered the questions asked of them by the prosecutors in charge of public prosecution, representatives of the victims and defense attorneys.

Victim Yashar Almammadov said that he was born in the city of Khojaly in 1956 and lived there with his family. He said that he knew the accused Bako Sahakyan, Arkadi Gukasyan and Madat Babayan.

Yashar Almammadov said that on February 25, 1992, he was at a post in the railway section of the city, that armored vehicles coming from the direction of Khankendi began to take positions around the city at about 8 pm and that at about 11 pm the city was attacked. He noted that at night, after the Armenian armed forces had entered the city with the participation of the 366th motorized rifle regiment, they went into the forest with the residents. As a result of the Armenian military firing on them, many people were killed.

Answering the questions of the Assistant to the Prosecutor General for Special Assignments, Tugay Rahimli, Yashar Almammadov said that on February 27, they were taken hostage and driven to a stable near the village of Pirjamal. A little later, about 50 more Khojaly residents were brought there. According to him, the prisoners were subjected to unprecedented torture. He himself was beaten after being made to stretch out on the snow. After being held in Pirjamal village for two days, they were taken to the city of Khankendi. The prisoners were beaten and tortured there too, and then brought to Asgaran on March 1. An Armenian named Karo, who worked as a fire safety chief at the Police Department, beat him with a baton until he lost consciousness. Yashar Almammadov was handed over to the Azerbaijani side on March 2, 1992.

Answering the questions of public prosecutor Tarana Mammadova, the victim said that his arm, finger, ribs and leg were fractured and he suffered other injuries while in captivity. Yashar Almammadov also said that the accused Madat Babayan had injured him with a bayonet and knife. He said, “Armenian soldiers, personally Madat Babayan, tortured me. When I was a prisoner, Madat approached me, kicked me, said ‘you are a Turk’, and insulted me. He took out his bayonet and stabbed me.

While answering the questions of public prosecutor Vusal Abdullayev, the victim noted that they had cut off both legs below the knee of a woman named Khadija. “Ahiska Turks also lived in Khojaly. Madat Babayan and soldiers in his armed group shot and killed two brothers, who were Ahiska Turks, right in front of other people. They took some Azerbaijanis and beheaded them on the graves, while some others were hanged in the church.”

In response to questions from the Senior Assistant to the Prosecutor General, Vusal Aliyev, Yashar Almammadov said that his brother Faig Almammedov was killed by Armenians, while his other brother Namig Almammadov was taken prisoner and is still missing.

The forensic and medical expert opinion on the victim was also announced in court.

Then victim Sovet Allahverdiyev made a statement. Saying that he was born in Khojaly in 1954 and lived there, he noted that his father, two brothers and nephew went missing during the Khojaly genocide, while two more brothers and mother were taken hostage.

In response to questions from the Head of the Public Prosecution Department of the Prosecutor General's Office, Nasir Bayramov, the victim said, “They closed all the roads in the early hours of February 26 so that we could not leave. They committed genocide against all of us because we were Azerbaijanis. Fifty percent of the murdered were those killed in the so-called ‘corridor’. They allegedly allowed people the opportunity to leave. In Aghdam, corpses were brought from the forest. Most of the corpses there were unrecognizable. Their heads had been skinned, brains and skulls had been dismembered. We only recognized people by their clothes.”

He also said that when the bodies of 18 of the people killed during the Khojaly genocide were found in Khojaly in 2023, their legs and arms were tied with a wire.

The court examined the investigation protocols regarding the events that took place in the early hours of February 26, 1992.

Then it was announced that footage related to the Khojaly genocide was going to be shown, and those with a weak heart were advised to leave the courtroom given the disturbing nature of the video.

The video contained images of the bodies of men and women of different ages, including children and the elderly. Some of the bodies had their skin peeled off, their eyes hollowed out, some had their limbs cut off.

Some of the acted as though the video allegedly had a bad effect on them too.

Then protocols on the Khojaly genocide were disclosed in court.

During the examination of other documents during the trial, photographs taken by photojournalist Victoria Ivleva and an article in “Izvestia” newspaper about Yerevan's assessment of the developments as a military achievement were shown.

Also shown was an interview by Serzh Sargsyan, the former Minister of Defense and President of Armenia, to British journalist Thomas De Vaal, in which he admitted that the tragedy was part of ethnic cleansing. Serzh Sargsyan said during the interview that he did not regret what was done in Khojaly.

Commenting on Serzh Sargsyan's opinions, public prosecutor Tugay Rahimli said that his words confirm that the Khojaly genocide was committed by Armenia in a deliberate and systematic manner.

Then the accused Madat Babayan, whose involvement in the Khojaly genocide has been established determined, was questioned.

He confirmed that he was in Khojaly on February 25 and 26, 1992. He said, “We were taken there by our commander. His name was Henrik Tamrazyan. The goal was to remove Azerbaijanis from Khojaly.”

Madat Babayan said that there were 20 people in his unit and that there were other gangs. He added that he remembered that commanders were named Rembert Karapetyan and Valery Sargsyan.

“I remember Valery Petrosyan, David Grigoryan, Albert Grigoryan, Shirin Shirinyan, Spartak Hakobyan from our unit,” he said.

The accused said that Arkady Shirinyan, nicknamed “Kholostoy”, gave all the orders in Khojaly. He added, “Vanik Petrosyan gave us the orders. Vanik gave the order to shoot and kill unarmed people. Vanik and Arkady cut off people’s fingers, as well as the ears of corpses.”

Answering the questions of public prosecutor Fuad Musayev, Madat Babayan confirmed that weapons had arrived in Khojaly and that armored vehicles were used. The accused admitted to participating in the killing of unarmed people. He said, “We made a mistake”.

He added that he saw about 150 corpses in Khojaly, including children, the elderly and women. The bodies were loaded onto vehicles and taken away by Armenian soldiers.

At this moment, victim Yashar Almammadov took the floor and asked Madat Babayan about his missing brother. “Your group took my brother Namig. Where did you take him? Tell me where my brother is, so we can at least find his bones. His wife was pregnant at the time, and she later had a son. Now my brother’s son is 33 years old and his hair is already gray from pain. Where is my brother? Tell me where he is!”

Madat Babayan claimed in response that he did not know Namig Almammadov.

Then the representative of the victims, Shaig Huseynov, appealed to the court and expressed his objection to the accused David Ishkhanyan helping Madat Babayan answer questions.

Presiding judge Zeynal Aghayev changed David Ishkhanyan’s seat in the dock.

Then Madat Babayan’s statement made during the preliminary investigation into the Khojaly genocide was announced and video footage made at the scene during the preliminary investigation was shown.

The next hearing is scheduled for April 21.

We recall that a total of 15 Armenian nationals are being charged with numerous crimes involving direct leadership and participation of the Armenian state, its state bodies, military forces and illegal armed formations, verbal and written instructions, orders and assignments, provision of material and technical support, central governance, as well as the exercise of rigorous control, with the aim of committing military aggression and acts of terror against the Republic of Azerbaijan in the territory of Azerbaijan in violation of domestic and international law, and involving Robert Sedraki Kocharyan, Serzh Azati Sargsyan, Vazgen Mikaeli Manukyan, Vazgen Zaveni Sargsyan, Samvel Andraniki Babayan, Vitali Mikaeli Balasanyan, Zori Hayki Balayan, Seyran Mushegi Ohanyan, Arshavir Surenovich Garamyan, Monte Charles Melkonyan and others, including criminal acts committed during the course of the war of aggression waged by the aforementioned criminal group.

The said persons, i.e. Arayik Vladimiri Harutyunyan, Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Davit Rubeni Ishkhanyan, David Azatini Manukyan, Davit Klimi Babayan, Levon Henrikovich Mnatsakanyan, Vasili Ivani Beglaryan, Erik Roberti Ghazaryan, Davit Nelsoni Allahverdiyan, Gurgen Homeri Stepanyan, Levon Romiki Balayan, Madat Arakelovich Babayan, Garik Grigori Martirosyan, Melikset Vladimiri Pashayan, are being charged under Articles 100 (planning, preparing, initiating and waging a war of aggression), 102 (attacking persons or organizations enjoying international protection), 103 (genocide), 105 (extermination of the population), 106 (enslaving), 107 (deportation or forced displacement of the population), 109 (persecution), 110 (enforced disappearance of people), 112 (deprivation of liberty contrary to international law), 113 (torture), 114 (mercenary service), 115 (violation of the laws and customs of warfare), 116 (violation of international humanitarian law during armed conflict), 118 (military robbery), 120 (intentional murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing terrorism), 218 (creation of a criminal association (organization)), 228 (illegal acquisition, transfer, sale, storage, transportation and possession of weapons, their components, ammunition, explosives and devices), 270-1 (acts threatening aviation security), 277 (assassination of a state official or public figure), 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state), 279 (creation of armed formations and groups not provided for by law) and other articles of the Criminal Code of the Republic of Azerbaijan.