Baku, April 25, AZERTAC

Public 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 25.

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.

The trial continued with the testimonies of the victims. After the testimonies, the victims answered the questions of public prosecutors, representatives of the victims, defense attorneys and the accused.

Judge Zeynal Aghayev introduced the panel of judges, interpreters, etc. to those of the victims who were participating in the hearings for the first time, and also explained their rights and obligations stipulated by national legislation.

The hearings proceeded to the victims giving their testimonies and answering questions.

Victim Aghalar Aliyev stated that he was born in the city of Shusha and went to the same secondary school with Armenians. He said he worked in law enforcement agencies when Armenia was putting forward territorial claims against Azerbaijan.

Aghalar Aliyev recalled that the “Miatsum” movement was openly launched in February 1988. “They said that the Armenians want Karabakh to be annexed to Armenia. They began with stone terror. The stone terror consisted of the fact that the Armenian crowd that gathered in Asgaran, at the entrance to Khankendi, and in Khanabad would stone all cars going outside of Shusha, including buses. Some people was injured, other people’s car windows were broken in the process. Then they began to fire on residential areas with heavy weapons. On November 20, 1991, they shot down our helicopter. On the morning of the day the helicopter was shot down, I had my wedding in Shusha. This was the last wedding in Shusha. On that day, it was the first time the Armenians had fired heavy weapons at Shusha. They kept the whole city in trepidation.”

In response to questions from the Senior Assistant to the Prosecutor General, Vusal Aliyev, the victim noted that, unfortunately, we had nothing to answer them with. In the meantime, they had everything – the 366th motorized rifle regiment was based in Khankendi and most of its officers and servicemen were Armenians. While we did not find a single bullet in our service weapons, they had loads of weapons at their disposal.

In response to questions from public prosecutor Fuad Musayev, the victim spoke about the movement of helicopters from the once occupied territories of Azerbaijan to Armenia and back. “I saw the helicopters myself. People were being transported from Armenia, along with weapons,” he said.

Aghalar Aliyev said he had participated in negotiations with the Armenian side. He noted that once, immediately after an exchange of prisoners and hostages, the Armenian side opened fire on their bus. As a result, the already wounded Azerbaijani rescued from the captivity was wounded again.

He said that he knew Arkady Ghukasyan, one of the accused, as he was the editor of the newspaper “Sovetskiy Karabakh”. Aghalar Aliyev said that the newspaper was calling for the expulsion of Azerbaijanis from their lands. As an example, he cited the interview given to the newspaper by Seyran Ohanyan, who later became the minister of defense of Armenia.

Then representatives of the victims, defense lawyers and the accused asked the victim questions.

Responding to the victim's statements, the accused Arkady Ghukasyan claimed that in 1992 the newspaper “Sovetskiy Karabakh” was no longer published, that he worked as a deputy editor in that publication, and that he did not know the victim.

Victim Ordukhan Karimov also said in his testimony that he knew Arkady Ghukasyan, one of the accused. He said that he had been to places where Armenian armed forces committed the incident as part of an investigation group.

Ordukhan Karimov emphasized that in the summer of 1991, four Azerbaijanis were burned by Armenian militants in the village of Sirkhavend. He noted, “Those who were burned and killed were two fathers and two sons. Seven other people were burned in Garadaghli. We could not reach the Meshali on the day of the massacre and were able to leave only a day later. When we finally got to the village, the smell of human flesh was in the air, as residents had been burned.”

When answering questions from the head of the Public Prosecution Department of the Prosecutor General's Office, Nasir Bayramov, he also mentioned the regular rocket fire on Shusha. “When there was shooting, the population was hiding in the basements of their homes. I had three children, and they were all small. They were in the basement for so long that their bodies were covered with various wounds”.

Victim Maharram Huseynov said that he had worked at the Shusha Police Department in the 1990s, noting that Shusha Armenians were also involved in the rallies held in Khankendi at that time.

When answering questions from representatives of the victims, Maharram Huseynov said that in the early hours of February 11, 1992, the villages of Malibayli and Gushchular were attacked by Armenian armed forces and occupied. “They killed dozens of our compatriots. Some people were wounded, many others were taken prisoner. Shortly afterwards, the deranged terrorists committed the Khojaly genocide – on the night of February 25-26. The Khojaly genocide was, in the truest sense of the word, an unprecedented act of terror in the history of mankind,” he added.

Maharram Huseynov answered the question of a representative of the victims about whether there were heavy weapons, including rockets, in Shusha at the time. “If we had had heavy equipment, we would have fired at them when the brutal Khojaly genocide was being committed so that they would be afraid and stop.”

Victim Arif Ibrahimov said that the houses belonging to his relatives in Shusha were destroyed. He noted, “Our house was in Shusha. I also traveled to and from Khankendi a lot. There were 32 houses belonging to our relatives in Shusha. After Shusha was liberated, I went there, and none of those houses were there any more.”

Victim Avaz Mammadov said that he was born in Shusha, lived and worked there as a teacher. He said, “Since the day the Armenians held a rally in February 1988, they were planning on occupying Shusha.”

Avaz Mammadov noted that initially cars leaving Shusha were stoned, people were injured and windows of their vehicles were smashed.

In response to questions from public prosecutors Vusal Abdullayev and Tarana Mammadova, the victim said that at the next stage the Armenian army fired on settlements inhabited by Azerbaijanis, including Shusha, attacked villages, killed people, took people prisoner and tortured them.

“At the next stage, Shusha was fired on with T55 tanks, heavy artillery and rockets. The civilian population, Shusha women spent nights in the basement with their babies,” he continued.

Victim Niyazi Hasanov said that the villages of Malibayli and Gushchular were under attack starting from late December 1991. According to him, the attacks intensified from February 7. The victim stated that he and his mother were wounded as a result of gunfire from the an infantry fighting vehicle on February 9, adding that he still had shrapnel remains on his body. While answering questions from the Assistant to the Prosecutor General for Special Assignments, Tugay Rahimli, he said that no roads or corridors were provided for the civilians to leave when villages were attacked. He noted, “We were forced to go out through the forest and reached the village of Abdal-Gulabli in Aghdam district. From Abdal-Gulabli, they took us to the Aghdam hospital. After the Khojaly genocide, many wounded people were brought to that hospital. Our beds were arranged under plane trees in the hospital yard. Doctors were helping us there so that we would not die.”

Victim Sadirkhan Ahmadov also spoke about the attack on the villages of Malibayli and Gushchular by the Armenian army, noting that he was wounded during those events, that Azerbaijan’s lands were occupied and that his relatives were killed.

Forensic medical examination reports regarding Niyazi Hasanov and Sadirkhan Ahmadov were also read out in court.

The next court hearing is scheduled for April 28.

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.