Baku, May 30, AZERTAC

The open court session continued on May 30 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.

The court session, presided over by Judge Zeynal Aghayev, with Judges Jamal Ramazanov and Anar Rzayev (alternate judge Gunel Samadova), ensured that each defendant had legal representation and interpretation in their native language.

The session was attended by the accused, their lawyers, several victims and their legal successors and representatives, as well as state prosecutors.

At the beginning, Judge Zeynal Aghayev introduced the court staff and interpreters and explained the legal rights and obligations to the victims who were participating in the court proceedings for the first time.

Senior Assistant to the Prosecutor General Vusal Aliyev began investigating the expert opinions from the scene inspection and other protocols regarding the aggressive war waged by Armenia in July 2020, during the period conventionally called the "Tovuz battles", including the shelling of civilian areas by the Armenian armed forces, the killing of civilians and military personnel, and damage to civilian property.

It was stated that as a result of the aggressive war waged against the Republic of Azerbaijan, on July 12-16, 17, 24 and 25, 2020, in the next stage of the aggressive war, which was made with a single intention, they deliberately killed a civilian in the village of Aghdam of Tovuz district, by opening fire from large-caliber weapons and other firearms not identified by the investigation, and continued the aggressive war by causing particularly severe damage to private homes and farms belonging to dozens of civilians in the villages of Aghdam, Dondar Gushchu, Alibayli, Yukhari Oysuzlu, Vahidli, Ashaghi Oysuzlu of Tovuz district and the village of Khanliglar of Gazakh district.

According to the investigated documents, the aggressive war waged against the Republic of Azerbaijan left casualties and injured in the Aghdam village of Tovuz district.

Subsequently, the hearing heard testimonies of the individuals, known as the victims of the 44-day War occurred in 2020.

Victim Elchin Shirinov testified that he was hit and injured by the “Smerch” missile fired by the Armenian armed forces while driving “VAZ 21074” vehicle through Barda city on October 28 at about 13 p.m.

The victim added that he had sustained life-threatening shrapnel injuries.

“Barda came under intensive “Smerch” missile attacks, resulting in multiple casualties and injured,” he said.

While addressing inquiries from Tarana Mammadova, a prosecutor in the Public Prosecution Department in the district courts of Baku, E.Shirinov noted that there was no military facility on the scene.

Victim Faig Karimov stated that on October 28, 2020, while he was cleaning the road near the office, where he worked during the day, a rocket shell landed approximately 40-50 meters away from him.

The shrapnel from the shell was scattered all around. He immediately fell to the ground, but some of the shrapnel that was scattered around injured his right arm, right eye, and head.

“I have lost my eye, sustained injuries to other parts of my body, and have become a disabled as a result,” he noted, while responding to a question from state prosecutor Fuad Musayev. Victim Shukur Karimli said that on October 27, 2020, at around 4 p.m., he heard an explosion while in his house, in the village of Garayusifli of Barda district, and went outside. While going outside, he witnessed a shell fall on a private residential house belonging to Ehtiram Ismayilov, who lived in the neighborhood. As he tried to enter the house, a total of 4 shells fell on and around the house where they lived. When the shell fell on the house where they lived, he was injured in the right thigh and right back, and his sister Elnura Karimova was injured in the right thigh. “During the incident, 60-70 fragments fell around,” he added.

Victim Rasim Yakhin testified that he was involved in the 44-day war in 2020 as a serviceman, and joined the battles in Jabrayil, Fuzuli, Khojavend, Shusha and other areas. He stated that he was injured by a tank shell in Shusha on the night of November 6-7, 2020. “As a result, I have lost my left wrist, left eye and have shrapnel injuries,” he added.

In his testimony, victim Tural Tavakkuloglu noted he was injured in a projectile explosion fired at them in the direction of Dashkasan-Kalbajar during the 44-day war in 2020.

Responding to the question from the defense, T.Tavakkuloglu said that they were subjected to fire from both Kalbajar and Armenia.

Victim Bakhtiyar Kazimov said he was fighting on multiple fronts on October 10, 2020. He noted that he was injured in artillery fire in the area called the “farm”, located in the vicinity of Shusha, on November 4.

Victim Sarkhan Abbasov, said that he was involved in the 44-day war, and that from the first day of the war - September 27 - the Armenian armed forces fired heavy artillery at Azerbaijani settlements: "At that time, they were firing heavy artillery at the Toghanali settlement of the Goygol district and the territory of the Goygol National Park. After that, a counteroffensive was launched."

He also added that he was injured by sniper fire during the battles.

The victim said that while the dead and wounded were being evacuated from the area, Armenian soldiers opened artillery fire on the vehicles; despite the fact that they had signs indicating that they were ambulances.

S.Abbasov stated that he had viewed video footage highlighting enemy soldiers’ inhumane acts against the bodies of martyred Azerbaijani servicemen. He noted that Colonel Karen Jalavyan, the commander of those enemy soldiers, appeared in the footage and that Jalavyan was later "honored" with the title of "hero" of the so-called regime by the current accused Arayik Harutyunyan.

Victim Ramiz Aghayev testified that 16 individuals, including his father, Nuraddin Aghayev, were killed in a missile attack on his hometown of Ganja on October 17, 2020. He also noted that he, his family members, and many others sustained injuries during the attack.

Ramiz Aghayev’s son - victim Vugar Aghayev, also testified, describing the events of October 17, 2020, as horrific and confirmed that he was wounded during the attack.

Victim Shiraz Hasanov mentioned that he had become an internally displaced person (IDP) from the village of Garakhanbeyli in the Fuzuli district at the age of nine. He also said he was involved and wounded twice in the 44-day war.

In his testimony, another victim Ismayil Mehdiyev noted that on September 30, 2020, while engaged in household tasks in his home village of Azad Garagoyunlu, located in the Tartar district, he was wounded in the left leg by shrapnel from an artillery shell. He underlined that there were no military units stationed in the area at the time of the incident.

Victim Mais Mirzayev underscored that he was involved in the 44-day war in 2020, fighting in multiple directions. He was injured in the Hadrut direction in October, further adding that “The enemy was using heavy artillery, including mortars, particularly in the Hadrut area.” In his response to David Manukyan’s question “Who launched the first attack?” Mirzayev responded: “We have launched a counteroffensive in response.”

During the court proceedings, the findings of the forensic medical examinations conducted on the victims were also announced.

Furthermore, with the participation of Nasir Bayramov, Head of the Department of Public Prosecutions at the Prosecutor General’s Office, several documents from the criminal case materials related to the intentional killing of civilians and severe damage to civilian infrastructure resulting from the missile attacks on Ganja between October 4 and 18, 2020 were examined.

The documents indicated that under the direct command and verbal orders of Armenia’s political-military leadership, the 6th Mountain Motorized Rifle Regiment of the 10th Mountain Motorized Rifle Division, part of the 1st Combined Arms Army of the Republic of Armenia, was deployed in the occupied territory of Sugovushan village in the Aghdara district of the Republic of Azerbaijan (previously the Sugovushan village of Tartar district), the 42nd Separate Artillery Regiment in the occupied territory of Ashagi Oratagh village of Aghdara district (previously Ashagi Oratagh village of Tartar district), as well as the 62nd separate artillery regiment was deployed in the occupied territory of Khankendi city. From October 4 to 18, 2020, the city of Ganja was subjected to sustained artillery bombardment using 300-millimeter “9M528” and 9K58 fragmentation high-explosive warheads, designed for multiple rocket launchers (NATO: M1983), as well as “8Ф44” type warheads manufactured in the Russian Federation. These attacks were launched using the “9K72” Elbrus operational-tactical missile system (NATO designation: SS-1c Scud B), which was deployed on the territory of the Republic of Armenia, along the provisional contact line with the Republic of Azerbaijan.

Following these coordinated attacks on October 4, 5, 8, 11, and 17, 2020, Armenian forces deliberately killed a total of 26 civilians in Ganja and intentionally wounded 175 others. Fatalities were minimized through rapid evasive maneuvers, preventive measures, and efficient medical support. The attacks also resulted in extensive damage to public infrastructure, as well as to the personal and commercial property of citizens and organizations.

Among the documents examined were records naming specific Armenian military personnel responsible for launching missile strikes on Ganja.

The documents stated that on October 10, 2020, at about 2:00 a.m., the city of Ganja was once again targeted by the orders of the commander of the 71st military equipment storage base (military unit No. 51556) of the Armenian armed forces, deployed in the Stepanavan region of that country, Colonel Artashen Rafiki Hajatyan, deputy commander Lieutenant Colonel Ara Artushi Sargsyan, commander of the Elbrus operational-tactical missile system division Lieutenant Colonel Vazgen Daviti Vardanyan, commander of the Iskander operational-tactical missile system division Lieutenant Colonel Tigran Norayri Vardanyan and others, using the Elbrus operational-tactical missile system, which was in the reserve of this military unit and possessed greater destructive power than the weapons used in previous attacks, from the territory of the Vardenis (historical Basarkechar) Gegharkunik region of Armenia.

With the deliberate intent to inflict mass civilian casualties and to target the city of Ganja—where only civilian infrastructure is located—a missile was intentionally launched at residential buildings situated in the 4th lane of A. Rafibeyli Street in the Kapaz district of Ganja.

As a result of the missile's impact and explosion in this densely populated residential area, 10 civilians were intentionally killed, 1 civilian sustained serious injuries, 18 civilians suffered minor injuries, and 32 others were injured to an undetermined extent.

It was noted that on October 17, 2020, the Elbrus missile system was deployed to the Khnatsakh district of the Republic of Armenia, from which two missiles equipped with “8Ф44” warheads were launched targeting the city of Ganja. The attack deliberately resulted in the deaths of 15 civilians, serious injuries to two individuals, moderate injuries to four, minor injuries to 25, and injuries of varying severity to 48 others.

The next court hearing is scheduled for June 2.

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.