Baku, September 16, AZERTAC

The trial of Ruben Vardanyan, an Armenian citizen charged with crimes against peace and humanity, war crimes, terrorism, financing of terrorism, and other serious offenses under the Criminal Code of the Republic of Azerbaijan, continued on September 16.

The open court session held at the Baku Military Court, presided over by Judge Zeynal Agayev and composed of Judges Anar Rzayev and Jamal Ramazanov (with Gunel Samadova as the reserve judge), ensured that the accused was provided with a translator in his preferred language, Russian, as well as a defense lawyer of his choice.

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

Subsequently, the accused, Ruben Vardanyan, addressed the court, stating that he had several motions to present.

First, Vardanyan requested the court to question “certain individuals related to the criminal case he is charged with, including the Prime Minister of the Republic of Armenia, Nikol Pashinyan, members of the OSCE Minsk Group, and representatives of the International Committee of the Red Cross (ICRC) in Azerbaijan.”

His defense attorney, Avraam Berman, supported the motion.

Senior Assistant to the Prosecutor General Vusal Aliyev and Nasir Bayramov, Head of the State Prosecution Department of the Prosecutor General’s Office, responded to the motion, stating that the individuals proposed for questioning by the accused are not relevant to the charges being considered in the court. Additionally, they noted that the list of evidence to be examined during the trial, as well as the sequence of evidence examination, had already been determined with the participation of the defense. Based on the adopted decision, the prosecution’s evidence is currently being reviewed at this stage of the process. Consequently, the prosecutors requested that the motion be left unconsidered.

The victims participating in the process also requested the court to reject the motion.

The judicial panel, after deliberating on the spot, noted that a decision regarding the sequence of evidence examination had already been made, taking into account the defense’s position. The court stated that the motion would be left unconsidered but clarified that the accused and his defense attorney could resubmit it in the future.

Vardanyan then presented another motion, expressing dissatisfaction with the case being heard in a military court, arguing that he is not a military serviceman.

His defense attorney supported this motion.

In response, Tugay Rahimli, Assistant to the Prosecutor General for Special Assignments, stated that since some of the crimes Vardanyan is charged with are military offenses, the case is being heard in a military court. Therefore, the prosecutor requested the rejection of the motion.

The victims participating in the process also requested the court to reject the motion.

Presiding Judge Zeynal Agayev noted that this issue had already been addressed during the preparatory hearing, where detailed information about the court’s jurisdiction was provided to the case parties, including the accused and his defense attorney. Furthermore, as some of the crimes Vardanyan is charged with are considered military offenses, the case is being heard in a military court in accordance with the Criminal Procedure Code of the Republic of Azerbaijan. Based on these grounds, the motion was rejected.

In his next motion, Vardanyan requested access to the decisions made regarding motions submitted by him and his defense attorney in previous court sessions, as well as copies of those decisions.

The defense attorney requested that this motion be granted.

The presiding judge stated that the accused had previously been provided with opportunities to review court session protocols and decisions on his motions, and such opportunities would continue to be provided in the same manner.

In another motion, Vardanyan expressed disagreement with the charge of illegally crossing the state border of the Republic of Azerbaijan. He also requested the questioning of “individuals who were commanders of the Russian peacekeeping contingent in Karabakh at the time.”

Defense attorney Avraam Berman supported this motion.

Presiding Judge Zeynal Agayev stated that the trial is ongoing, and a legal assessment of the charges against the accused would be made at the conclusion of the trial. Additionally, he noted that the commanders of the Russian peacekeeping contingent in Karabakh at the time are not relevant to the criminal case Vardanyan is charged with. Therefore, the motion was left unconsidered, and the accused and his defense attorney were informed that it could be resubmitted in the future.

Subsequently, victims and their legal representatives, who suffered as a result of crimes committed during Armenia’s aggressive war and occupation policy, provided testimony.

Zakir Karimov, the legal representative of victim Azad Karimov, stated in his testimony that his son was killed during a large-scale provocation by Armenian armed forces in Kalbajar.

Responding to questions from state prosecutor Tarana Mammadova, Vasif Nasibov, the legal representative of victim Akshin Nasibov, stated that his son was killed as a result of a provocation by remnants of the Armenian army and illegal Armenian armed groups in the Aghdara direction.

Gasim Kazimov, the legal representative of victim Yunis Kazimov, stated in his testimony that his son was killed by sniper fire from the enemy in the Kalbajar direction.

Namiz Huseynov, the legal representative of victim Kamran Huseynov, stated in his testimony that his son was killed due to the explosion of a mine planted by the enemy on the Khankendi-Shusha road.

Responding to questions from Nasir Bayramov, Head of the State Prosecution Department of the Prosecutor General’s Office, Aida Khankishiyeva, the legal representative of victim Elshan Khankishiyev, stated that her son was killed during a provocation by the enemy in the Khojaly direction.

Anar Gurbanov, the legal representative of victim Jamil Qurbanzadeh, stated in his testimony that his son was killed during a provocation by remnants of the Armenian army and illegal Armenian armed groups in the Lachin direction.

Rustam Babayev, the legal representative of victim Ali Babazadeh, stated that his son was killed as a result of enemy provocation in the Khankendi direction.

Responding to questions from Senior Assistant to the Prosecutor General Vusal Aliyev, Gizilgul Aliyeva, the legal representative of victim Togrul Aliyev, stated in her testimony that her son was killed in Khojavend district due to a provocation perpetrated by the enemy.

Gulshan Dunyamaliyeva, the legal representative of victim Islam Dunyamaliyev, stated in her testimony that her son was killed in the Sirkhavend village of Aghdara district as a result of a provocation by remnants of the Armenian army and illegal Armenian armed groups.

Jamafat Azizova, the mother and legal representative of victim Nazar Azizov, stated that her son was killed in Kalbajar due to sniper fire from the opposing side.

Responding to questions from Tugay Rahimli, Assistant to the Prosecutor General for Special Assignments, Azad Karimov, the legal representative of victim Zohrab Karimov, stated that his son was killed in Lachin as a result of enemy provocation.

Bilal Mammadov, the father and legal representative of victim Mahammad Mammadov, stated that his son was killed in Kalbajar during a provocation by Armenian armed forces.

Responding to questions from state prosecutor Fuad Musayev, victim Abdulmatin Ismayilov stated that in Lachin district, he sustained a traumatic brain injury and was wounded in the knee area due to the explosion of artillery shells fired by the opposing side. During that incident, Mahammad Huseynov and Eltaj Ahmadov were killed, and besides himself, Kamal Bahramov, Javid Gurbanov, Ahad Asadullayev, Dilgam Hasanov, and Nijat Shukurov sustained injuries.

Victim Rashad Agayev stated in his testimony that he was injured in the Sirkhavend village of Aghdara district due to the explosion of a guided rocket shell fired by the enemy. During that incident, Vusal Rustamov, Elvin Aliyev, Nihad Quluzadeh, Alibey Alibeyov, Agami Alishanov, and Altun Aliyev were killed.

Pasha Abayev stated in his testimony that he was injured in the Aliagali village of Aghdam district due to the explosion of a mortar shell fired by the enemy.

Victim Nariman Karimov stated in his testimony that he was injured in the Khojavend district due to the explosion of a shell fired by the enemy.

Elshan Zeynalov stated that he sustained a shrapnel injury to the back of his head due to the explosion of an artillery shell fired by the enemy in the Aghdam district.

Responding to questions from state prosecutor Vusal Abdullayev, victim Farid Hasanov stated that he was injured in the Aghdara direction as a result of enemy provocation.

Mirzali Mirzayev stated that he was wounded in the leg in the Khankendi direction due to enemy fire.

Victim Shahriyar Zamanov stated in his testimony that he sustained a traumatic brain injury and shrapnel wounds in Aghdara due to enemy fire.

Anar Abasov stated in his testimony that he was injured in the mountainous-forested area of the Abdal-Gulabli village in Aghdam district due to the explosion of a mortar shell fired by remnants of the Armenian army and illegal Armenian armed groups.

Victim Shirkhan Hajimammadov stated in his testimony that he was injured in the Lachin district as a result of a provocation by Armenian armed forces.

During this time, the accused, Ruben Vardanyan, began addressing questions to the victims giving testimony (it should be noted that in previous court sessions, the accused did not question the victims).

In response to a question from the accused Ruben Vardanyan, Shirkhan Hajimammadov stated that among the Armenian armed forces personnel who carried out the provocation were individuals who had lived and served in the military in territories of Azerbaijan that were previously under occupation.

Elvar Nahmatzadeh stated in his testimony that he was injured in the mountainous-forested area of the Abdal-Gulabli village in Aghdam district due to the explosion of a mortar shell fired by the enemy.

Victim Taleh Qurbanov stated in his testimony that in the Khanabad village of Khojaly district, Davud Giyasli and Ramin Mammadov were killed due to the explosion of a mortar shell fired by the enemy, while he, Mirali Aghalarov, and Punhan Kazimov sustained various injuries.

Victim Amid Piriyev stated that he was injured in the Aghdam district due to the explosion of an artillery shell fired by the enemy.

Najimaddin Alasgarov stated that he sustained a traumatic brain injury in the Janyatag village of Aghdara district due to the explosion of a rocket shell fired by remnants of the Armenian army and illegal Armenian armed groups.

Victim Shohrat Aslanov, who was involved in mine-clearing operations with employees of the Azerbaijan National Agency for Mine Action in the liberated Saricali village of Aghdam district, stated that the vehicle he was driving hit a mine planted by the enemy, resulting in his injury.

Victim Nurlan Abishov stated in his testimony that in the Janyatag village of Aghdara district, he, Javanshir Khalilov, and Parviz Shirinov were injured due to the explosion of an “F1” hand grenade thrown by the enemy.

Huseyn Museyibov stated that he was injured in the mountainous-forested area of Aghdara district due to the explosion of a mortar shell fired by the enemy.

Victim Bakhtiyar Ismayilov stated in his testimony that he was injured in the left calf in the mountainous-forested area of Aghdara district due to the explosion of a mortar shell fired by the enemy.

Jafar Ismayilov stated that he was injured in the Khanabad village of Khojaly district due to the explosion of a hand grenade thrown by the enemy.

Telman Ahmadov stated in his testimony that he was injured in the Khanabad village of Khojaly district due to the explosion of a mortar shell fired by remnants of the Armenian armed forces and illegal Armenian armed groups.

Other victims—Babak Ahmadli, Omar Nasirov, Nurlan Ibrahimov, Javid Suleymanov, Elvin Huseynov, Akbar Safarov, Ramil Mammadov, Rashad Suleymanov, Namiq Alizadeh, Ragif Mirzayev, Vusal Ahmadov, Afar Huseynov, Bayram Huseynov, Sarkhan Mahmudov, Niyaz Niyazaliyev, Yasin Jabrayilov, and Ruslan Nuraliyev—stated that they were injured in various areas due to provocations by remnants of the Armenian army and illegal Armenian armed groups.

Victim Akbar Safarov, responding to a question from the accused Ruben Vardanyan, stated that the provocation at that time was carried out by the Armenian army.

Additionally, during the court proceedings, Ruben Vardanyan’s lawyer requested an opportunity for a confidential meeting with the accused. The court granted the motion.

The next court session was scheduled for September 23.

Ruben Vardanyan faces multiple charges under the Criminal Code of the Republic of Azerbaijan, including Articles 100.1, 100.2 (planning, preparing, initiating, and waging a war of aggression), 107 (deportation and forced displacement of the population), 109 (persecution), 110 (forcible disappearance of persons), 112 (deprivation of liberty contrary to international law), 113 (torture), 114.1 (mercenary activity), 115.2 (violation of the laws and customs of warfare), 116.0.1, 116.0.2, 116.0.10, 116.0.11, 116.0.16, 116.0.18 (violation of international humanitarian law norms during an armed conflict), 120.2.1, 120.2.3, 120.2.4, 120.2.7, 120.2.11, 120.2.12 (intentional murder), 29.120.2.1, 29.120.2.3, 29.120.2.4, 29.120.2.7, 29.120.2.11, 29.120.2.12 (attempted intentional murder), 192.3.1 (illegal entrepreneurship), 214.2.1, 214.2.3, 214.2.4 (terrorism), 214-1 (financing of terrorism), 218.1, 218.2 (creation of a criminal group), 228.3 (illegal acquisition, transfer, sale, storage, transportation, and possession of firearms, ammunition, explosives, and devices), 270-1.2, 270-1.4 (acts threatening aviation safety), 278.1 (forcible seizure or retention of power, forcible change of the constitutional structure of the state), 279.1, 279.2, 279.3 (creation of armed formations not provided for by law), and 318.2 (illegal crossing of the state border of the Republic of Azerbaijan).