Baku, August 28, AZERTAC

The open court hearing regarding the criminal cases against citizens of the Republic of Armenia, including Arayik Harutyunyan, Arkadi Gukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others, accused of committing crimes against peace and humanity, war crimes, including the preparation and conduct of an aggressive war, genocide, violation of the laws and customs of war, as well as terrorism, financing terrorism, forcible seizure of power, its forcible retention, and numerous other crimes as a result of Armenia’s military aggression against Azerbaijan, continued on August 28.

The court session, held at the Baku Military Court under the chairmanship of Judge Zeynal Agayev, with Judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova), ensured that each defendant was provided with a translator in their preferred language and lawyers for their defense.

The session was attended by the defendants, their defense attorneys, some of the victims, their legal heirs and representatives, as well as prosecutors representing the state.

Judge Zeynal Agayev introduced the judicial panel, the prosecutors representing the state, the translators, and others to the victims attending the court session for the first time, and explained their rights and obligations as stipulated by law.

The court session proceeded with the announcement of the testimony given by defendant Arkadi Gukasyan during the preliminary investigation and other related documents.

In his testimony during the preliminary investigation, defendant Arkadi Gukasyan stated that, as the so-called “president” of the illegitimate regime, he had the authority to make decisions regarding any “appointments.” However, the “appointment” and “dismissal” of the so-called “defense minister” were carried out only after coordination with the Armenian Ministry of Defense and the President of Armenia.

Gukasyan emphasized in his testimony that weapons and ammunition were supplied to the region solely by the Armenian Ministry of Defense, and the so-called “defense ministry” of the illegitimate regime effectively operated as a component of Armenia’s Ministry of Defense.

It was stated that weapons, ammunition, and other supplies from Armenia were transported to the region via the Goris-Lachin-Khankendi and Vardenis-Kalbajar-Aghdara-Khankendi roads.

In his testimony during the preliminary investigation, defendant Arayik Harutyunyan stated that during the First Karabakh War and in the subsequent period, military forces were brought from Armenia and stationed in the territories of Azerbaijan that were under occupation at that time. During the April clashes, military units subordinate to and financed by Armenia fought against the Azerbaijani Armed Forces. As always, weapons, ammunition, military equipment, and personnel support were provided by Armenia.

Arayik Harutyunyan stated in his testimony that during the 44-day war in 2020, he visited military barracks and combat zones to boost the morale of soldiers. However, he noted that all military orders and instructions were issued by the Armenian Ministry of Defense and the Chief of the General Staff. He specified that the Chief of the General Staff at the time was Onik Gasparyan, who issued all directives, orders, and tasks during the 44-day war.

He further stated that rocket systems such as “Tochka-U,” “Smerch,” “Scud,” and similar types were not part of the arsenal of the so-called “defense army” of the illegitimate regime. During the 44-day war, two “Smerch” rocket systems were brought from Armenia and stationed in Askeran. The personnel operating these rocket systems and the accompanying staff were also from the Armenian military forces and were brought from Armenia.

In his testimony during the preliminary investigation, Arayik Harutyunyan noted that orders to launch ballistic missiles targeting densely populated civilian areas, civilian infrastructure, and undefended territories in the districts of Tartar, Barda, Goranboy, Beylagan, the cities of Ganja and Mingachevir, and even the Absheron Peninsula, where Baku is located, were issued from Armenia.

It was stated that on October 4, 2020, he shared a statement claiming: “On my orders, the defense army struck several rocket attacks today to destroy military targets in Ganja. From now on, I have ordered a ceasefire to avoid civilian casualties. If the enemy does not take this as an example, we will continue to deliver equal and powerful strikes, dismantling and destroying the enemy’s army. We are resolute in our actions to the end.” This statement was prepared at the suggestion of Onik Gasparyan, Chief of the General Staff of the Armenian Ministry of Defense, and handed to Harutyunyan, who then instructed his press secretary, Vahram Poghosyan, to publish it on his page.

He noted that, realizing he no longer had any influence over the ongoing processes, he “resigned” from the so-called “presidency” on August 31, 2023.

The court session continued with the announcement of Arayik Harutyunyan’s statements and information shared in the media and on social networks, along with the presentation of photographic evidence.

The court then announced the testimony given by defendant Bako Sahakyan during the preliminary investigation.

According to his testimony, Sahakyan was one of the pioneers of the so-called “Liberation Movement” starting in 1988. In 1990, he joined the “self-defense forces.” From 1992 to 1993, he served as the deputy commander of the “self-defense committee” of the illegitimate regime, from 1993 to 1995 as the “rear commander” of the so-called “defense army,” from 1995 to 1996 as the deputy commander for foreign relations of the “defense army,” and from 1996 to 1997 as the deputy commander of the 10th Mountain Infantry Division. From 1997 to 1999, he was an assistant to the Minister of Internal Affairs and National Security of Armenia. From 1999 to 2001, he served as the so-called “minister of internal affairs” of the illegitimate regime, and from 2001 to 2007 as the “director of the national security service.” From 2007 to 2020, he was the so-called “president” of the illegitimate regime and also performed the duties of “state minister.”

In his testimony, he stated that during the First Karabakh War, all military operations were led by Serzh Sargsyan, who was the chairman of the “self-defense forces committee” and later the “defense army,” as well as by Vazgen Sargsyan and Vazgen Manukyan, who served as Armenia’s defense ministers. The overall leadership during that period was provided by Robert Kocharyan, chairman of the “State Defense Committee,” and Levon Ter-Petrosyan, the then-president of Armenia.

The court proceedings will continue on August 29.

Fifteen defendants of Armenian origin are accused in the criminal case concerning numerous crimes committed during the aggressive war waged by the Armenian state - including the aforementioned criminal association - on the territory of Azerbaijan, in violation of domestic and international legal norms. These crimes were committed for the purpose of military aggression against Azerbaijan and were carried out under the direct leadership and participation of the Armenian state, officials of its state institutions, its armed forces, and illegal armed formations, through their written and verbal orders, instructions, and guidelines; material, technical, and personnel support; centralized management; as well as under strict control and under the leadership and direct or indirect participation of Robert Sedraki Kocharyan, Serzh Azati Sargsyan, Vazgen Mikaeli Manukyan, Vazgen Zaveni Sargsyan, Samvel Andraniki Babayan, Vitali Mikaeli Balasanyan, Zori Hayki Balayan, Seyran Musheghi Ohanyan, Arshavir Surenovich Garamyan, Monte Charles Melkonyan, and others.

The following individuals - 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 being 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 additional articles.