Baku, October 2, AZERTAC

The open court hearing on criminal cases against citizens of the Republic of Armenia, including Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others, accused of crimes against peace and humanity, war crimes, including the preparation and conduct of aggressive war, genocide, violation of the laws and customs of war, as well as terrorism, financing of terrorism, forcible seizure and retention of power, and numerous other crimes resulting from Armenia’s military aggression against Azerbaijan, continued on October 2.

The session, held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev, with a panel consisting of Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova), ensured that each of the accused was provided with an interpreter in their preferred language and defense lawyers.

The hearing was attended by the accused, their defense attorneys, some of the victims, their legal heirs and representatives, as well as prosecutors defending the state’s accusations.

Victim Ilham Mammadov testified first. He stated that on May 10, 2002, while serving in the military and heading to his post, he was captured by Armenian armed forces near Haram. Mammadov noted that he was unarmed at the time. Armenian soldiers beat him and subjected him to torture. He described one officer as particularly cruel and later learned his name was Levon.

Responding to questions from Senior Assistant to the Prosecutor General Vusal Aliyev, Mammadov identified accused Levon Mnatsakanyan as the perpetrator, stating: “He punched me in the head and then struck me with the butt of his rifle. He took me to a rock and fired at me. At that time, my back was facing the positions of the Azerbaijani Army. He forced me to stand in a spot where our forces might have shot me unknowingly. Later, they made me walk through mined areas against my will.”

Mammadov also answered questions from prosecutor Nasir Bayramov, head of the Department for the Protection of State Accusations of the Prosecutor General's Office, Special Assistant to the Prosecutor General Tugay Rahimli, and other state prosecutors Tarana Mammadova and Vusal Abdullayev. He explained that he was held for a week in Azerbaijani territories then occupied by Armenian forces before being transferred to Armenia. After 6 months and 15 days in captivity, he was handed over to Azerbaijan.

In response to defense questions, Mammadov said he did not know Mnatsakanyan before his capture and was unaware of his position at the time. “But based on his attitude, I assume he was the chief of staff,” he added.

Answering questions from accused Levon Mnatsakanyan, Mammadov confirmed he was born in 1973 and held the rank of lieutenant when captured. “I received my officer rank upon graduating from the Azerbaijan State Agricultural Academy, which had a military department,” he said.

He added that during his extended military service, he initially served on the rear front before being deployed to the front line, where he was captured shortly after.

Accused Mnatsakanyan confirmed an incident in 2002 involving the capture of an Azerbaijani soldier, stating that the individual was brought in for investigation, questioned by the investigators, and later handed over to the relevant authorities. He claimed the prisoner was not subjected to torture and was provided with water and bread.

In response to questions from the prosecutor defending the state accusation, Mnatsakanyan said he did not know if the captured Azerbaijani was Mammadov and that he did not recognize him.

The lawyer for accused Melikset Pashayan requested a confidential meeting with their clients, which Judge Zeynal Aghayev granted during the recess.

Accused Davit Ishkhanyan requested that the court provide a list of internationally registered organizations and media outlets in Azerbaijan. The presiding judge stated that this matter falls outside the court’s jurisdiction and activities. He noted that there are no problems with the activities of international organizations in Azerbaijan; they operate legally and respect the country’s legislation. His lawyer can provide the list to him.

The judge also informed Davit Ishkhanyan that a video interview of Manvel Grigoryan, former Deputy Minister of Defense of Armenia, previously presented and admitted as evidence, would be loaded onto the defendants’ tablets.

It should be noted that after the video material was examined in court, Davit Ishkhanyan had requested that the full video be loaded onto their tablets.

The court proceedings continued with the announcement of documents related to the criminal cases.

First, documents regarding the killing and wounding of Azerbaijanis due to Armenian armed forces' attacks, including mine sabotage incidents, were announced.

Subsequently, documents on crimes committed by remnants of the Armenian army and illegal Armenian armed groups on September 19-20, 2023, were presented.

The court also announced documents on incidents in liberated territories where civilians were killed or injured due to explosions of mines and other explosive devices.

Additionally, documents related to the killing of telejournalist Chingiz Fuad oglu Mustafayev (posthumously awarded the title of “National Hero of Azerbaijan”) were announced.

The court session featured documents on the military operation conducted in Dashalti village of Shusha district on January 26, 1992; the attack on the TEM-2-7065 locomotive on the Gazakh-Barkhudarly railway line on April 23, 1992; the shelling of the Barkhudarly railway station on September 9, 1991; and other incidents.

Furthermore, documents on the shelling of Tartar district during the Patriotic War, the significant damage inflicted on “TartarCotton” OJSC, and the shelling of Fuzuli, Beylagan, Goranboy, Barda, Aghdam, Aghjabadi, Jabrayil (Jojug Marjanli village), and the city of Naftalan during the Patriotic War were announced.

The court also presented documents on rocket attacks on Yevlakh district and Goran village in Goranboy district, the shelling of the city of Mingachevir, and rocket launches toward Siyazan, Kurdamir, and Gabala districts on October 22, 2020.

The next set of documents announced concerned the destruction caused by Armenian armed forces in occupied territories, including damage to individual residential houses, non-residential buildings, and cultural heritage.

The court announced documents on the massive damage to the forest fund of Lachin district and the destruction of houses in Lachin district and other areas.

Documents related to the illegal settlement of the population, the smuggling of weapons to the Karabakh region, and the use of phosphorus shells were also presented.

The examination of the documents was accompanied by photographs related to the criminal cases.

The trial will continue on October 3.

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.