Baku, April 21, 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, continued on April 21.

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 of the victims who were participating in the hearings for the first time.

During the hearings, the accused answered questions from prosecutors in charge of public prosecution in relation to the Khojaly genocide committed in the early hours of February 26, 1992 and deliberate extermination of innocent people for the sole reason that they were Azerbaijanis.

In response to questions from Senior Assistant to the Prosecutor General, Vusal Aliyev, the accused Arkady Ghukasyan said that he had first learned about the events in Khojaly through “official reports” in February 1992. He said, “We did not know the scale of the tragedy at that time. We knew that hundreds of Azerbaijanis had come to Khankendi from Khojaly. And they were later handed over to the other side”. He emphasized that he condemned the killing of civilians and noted: “This is unacceptable, one of the bloodiest pages of the war.”

Arkady Ghukasyan said that during the Khojaly genocide, the self-styled republic was led by Artur Mkrtchyan, while the military was led by Arkady Ter-Tadevosyan. He was nicknamed “Commando” and held various leadership positions in the Armenian armed forces. He added that the head of the newly formed “self-defense forces” was Serzh Sargsyan at the time. He further said, “I am against all wars. But if this happens, the laws of war must be observed”.

While answering the questions of Head of the Department of Public Prosecution of the Prosecutor General's Office Nasir Bayramov, the accused Bako Sahakyan claimed that he did not have detailed information about the Khojaly events. Referring to the video materials and documents shown in court, he said, “I did not know all these details. But this does not change my position. I condemn such events both then and now”.

The accused said that he had heard about the participation of the 366th Motorized Rifle Regiment of the former Soviet Army in the Khojaly genocide and that Seyran Ohanyan, who later became the Armenian minister of defense, served in that regiment.

In response to questions from public prosecutor Vusal Abdullayev, the accused David Ishkhaynan said that the images of the Khojaly genocide were evidence of barbarism. He said that he was a “member of parliament” of the so-called republic at the time of the events.

In response to questions from public prosecutor Fuad Musayev, the accused David Babayan said that he was not involved in the Khojaly genocide and the occupation of Khojaly. He said that during the Khojaly events, those who wanted to resolve the issue by force achieved their goals. “Various groups participated in this operation,” he said.

David Babayan also said that there was even a medal “For the Liberation of Khojaly” “established” in the so-called republic. He could not answer the question from a representative of the victims, “If, as Armenia claims, there was a corridor for civilians to leave during the Khojaly genocide, why were they not allowed to leave, and as Arkady Guksayan said in court, hundreds of Azerbaijanis were taken to Khankendi?” In response, he said, “How can one justify what was done to children and civilians? This is barbarism”.

In response to questions from public prosecutor Tarana Mammadova, the accused Arayik Harutyunyan said that he considered the Khojaly events the greatest tragedy of the First Karabakh War. He claimed that there were no discussions about the Khojaly operation in the so-called republic. He said, “For example, several books have been written about the Shusha operation. Therefore, we know who participated in it and how it happened. There were no discussions about the Khojaly operation. The key military leader at the time was Arkady Ter-Tadevosyan. The military operations in Khojaly were probably conducted on his instructions and consent.”

Arayik Harutyunyan said that in any case, it was an unforgivable tragedy.

Then the court examined a report of the “Memorial” Human Rights Center on the mass violations of human rights committed during the occupation of the Khojaly settlement on February 25-26, 1992.

The organization's report states that during the operation that resulted in the occupation of Khojaly by Armenian troops, mass killings of the population and violations of human rights on ethnic grounds were widespread.

“After the occupation of Khojaly by Armenian troops, the civilian population remaining there was deported. These actions were carried out in an organized manner,” the document states.

According to the document, the majority of the deported population was kept in Khankendi, which is a clear indication that the so-called republic’s “authorities” had an order to this effect.

The mass killing of civilians cannot be justified under any circumstances.

The “Memorial” Human Rights Center confirms that Armenia's actions against the civilian population in Karabakh during the attack on Khojaly represent a flagrant violation of Geneva Conventions, as well as relevant articles of the Universal Declaration of Human Rights.

The next hearing is scheduled for April 24.

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.