Baku, May 22, AZERTAC

The open court session continued on May 22 at the Baku Military Court in the criminal case against Armenian citizens Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others. They stand accused of crimes against peace and humanity, including war crimes, preparing and waging aggressive war, genocide, violations of the laws and customs of war, terrorism, financing terrorism, forcible seizure and retention of power, and other grave offenses arising from Armenia’s military aggression against Azerbaijan.

Presided over by Judge Zeynal Aghayev, with Judges Jamal Ramazanov and Anar Rzayev (alternate judge Gunel Samadova), the court ensured that each defendant had legal representation and interpretation in their native language. The session was attended by the accused, their lawyers, some victims and their legal successors, as well as state prosecutors.

As part of the proceedings, prosecutors presented a 2016 video interview of accused Davit Ishkhanyan, recorded by the so-called entity’s television station. In the footage, Ishkhanyan spoke about the activities of “Dashnaktsutyun” supporters in Azerbaijani territory, noting their presence in Karabakh between 1990 and 1991. He emphasized that the group operated in frontline zones for strategic reasons, using arms, financial, and human resources, describing the party as a protective shield.

He stated that the Dashnaktsutyun party played a key role in army building between 1990 and 1994 and that various armed groups affiliated with the party were formed during that period, including the one he participated in. When asked whether the so-called entity should unite with Armenia, Ishkhanyan stated: “My personal opinion is that the most correct path is to eventually unify Karabakh with Armenia. This should be our main goal and final result. For me, Karabakh and historical Armenia are the same. I see them together.”

During the session, state prosecutor Vusal Abdullayev questioned Ishkhanyan about the statements. He responded by saying the views expressed in the interview reflected the so-called “parliament” he served in, not the official position of the Dashnaktsutyun party.

State prosecutor Tarana Mammadova also questioned Ishkhanyan on whether the occupation of Azerbaijani territory was necessary. Ishkhanyan avoided giving a direct answer.

The court also reviewed footage of a 1993 meeting between Armenia’s first president, Levon Ter-Petrosyan, and representatives of the former so-called entity. In the video, Ter-Petrosyan said that Armenia had provided the highest level of security guarantees to the illegal entity, referring to a “secret document” signed between Armenia and the group. He stated that the agreement would exist in two copies and declared: “The Nagorno-Karabakh Republic relies on the guarantees of the international community, the Russian Federation, the United States, and especially the President of the Republic of Armenia, Levon Ter-Petrosyan.”

He further noted that Armenia was committed to using all available means, including direct military intervention, to support the so-called entity and ruled out any return of Lachin to Azerbaijan in future negotiations.

In response to questions from prosecutors, defendant Arkadi Ghukasyan confirmed his participation in the meeting with Ter-Petrosyan. Calling it a turning point, he said that the meeting occurred shortly after the occupation of Kalbajar. He had attended the meeting as the head of the delegation representing the former so-called entity and as a deputy of the same structure.

Ghukasyan noted that following the meeting, Georgi Petrosyan resigned, and Karen Baburyan became Speaker of the so-called parliament. He said that Baburyan and Robert Kocharian signed the document introduced by Ter-Petrosyan, under which Armenia accepted full responsibility for ensuring the security of Karabakh until the resolution of the conflict.

Later in the session, defendant Levon Mnatsakanyan was questioned by Nasir Bayramov, Head of the Department for the Defense of Public Prosecutions of the Prosecutor General's Office, regarding the occupation of Shusha. Mnatsakanyan said he knew Ashot Gulyan, a participant in the occupation, but denied serving in his unit.

However, video footage was shown featuring Mnatsakanyan in a direct interview where he said: “I was in Ashot Gulyan’s unit when Shusha was captured. Our unit operated to the left of their unit — in the direction of the Shusha fortress. Our unit closely coordinated with theirs. The main breakthrough of the front was in the center and left part.” When confronted with this footage, Mnatsakanyan denied making those statements.

He stated that during 1993–1994, his operations mainly took place in Aghdara, Aghdam, Jabrayil, and Fuzuli.

The next court hearing is scheduled for May 23.

The defendants — 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, and Melikset Vladimiri Pashayan — are charged under the following articles of the Criminal Code of the Republic of Azerbaijan: Article 100 (planning, preparing, initiating, and waging a war of aggression); Article 102 (attacking persons or organizations enjoying international protection); Article 103 (genocide); Article 105 (extermination of the population); Article 106 (enslavement); Article 107 (deportation or forced displacement of population); Article 109 (persecution); Article 110 (enforced disappearance of persons); Article 112 (deprivation of liberty contrary to international law); Article 113 (torture); Article 114 (mercenary service); Article 115 (violation of the laws and customs of warfare); Article 116 (violation of international humanitarian law during armed conflict); Article 118 (military robbery); Article 120 (intentional murder); Article 192 (illegal entrepreneurship); Article 214 (terrorism); Article 214-1 (financing terrorism); Article 218 (creation of a criminal organization); Article 228 (illegal acquisition, transfer, sale, storage, transportation, and possession of weapons, ammunition, explosives, and devices); Article 270-1 (acts threatening aviation security); Article 277 (assassination of a state official or public figure); Article 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state); Article 279 (creation of armed groups not provided for by law); and other articles.