Baku, November 3, AZERTAC

The open court hearing on the criminal cases against citizens of the Republic of Armenia — Arayik Harutyunyan, Arkadi Ghukasyan, 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, violations of the laws and customs of war, as well as terrorism, financing of terrorism, violent seizure and retention of power, and numerous other offenses resulting from Armenia’s military aggression against Azerbaijan, continued on November 3.

The trial was held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev, with Judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova) participating in the panel. Each defendant was provided with an interpreter in their preferred language and legal counsel for their defense.

The hearing was attended by the defendants, their lawyers, some of the victims, their legal successors and representatives, as well as prosecutors representing the state prosecution.

The prosecutors representing the state were granted the floor to issue their indictment. During the last court hearing, the parties mentioned that they did not object to the conclusion of the judicial investigation and were satisfied with the evidence presented and examined. The prosecutors defending the state prosecution requested time until November 3 to prepare their statements.

Vusal Aliyev, Senior Assistant to the Prosecutor General, stated that over the course of about a year, approximately 100 court hearings were held, involving the examination of documents and evidence for more than 500 hours.

The prosecutor further noted that the accused, victims and witnesses were interrogated. “The evidence collected during the preliminary investigation, along with that presented by the defense, was reviewed in a case-by-case manner during the court hearings. As the prosecution, we assert that the guilt of the accused for numerous criminal acts committed since 1988 has been confirmed based on the evidence presented in the current proceedings," the prosecutor added.

The charges brought against the accused in the hearing will be reviewed again. The crimes committed by the Armenia and the criminal organization it established, and the evidence confirming the involvement of the accused in these crimes, will be re-analyzed and evaluated.

V. Aliyev stated that the accused currently before the court represent only a part of the individuals who are involved in the numerous crimes mentioned.

It was noted that mentioned individuals are accused of directly or indirectly involving in the crimes, conditionally divided into 15 chapters, that were committed by the Armenian state and the criminal organization it established during the period from 1988 to September 20, 2023.

V. Aliyev emphasized that the indictment speech consists of 6 parts.

The first part of the speech featured the evidence confirming the criminal intent of the accused, establishment of a criminal organization and the occupation of the sovereign territories of the Republic of Azerbaijan.

The state prosecutor explained the legal concept of a criminal organization, and announced the documents and evidence confirming the establishment of a criminal organization.

The prosecution noted that other documents examined during the court hearing confirmed that the main goal of the leaders of the criminal organization was to achieve the separation of the Garabagh region - an integral part of Azerbaijan- from the country at any cost, and to occupy those territories.

The prosecution also highlighted the ideological and historical sequence of the basis of the establishment of the criminal organization.

It was noted that individuals working in the military-political leadership of Armenia, propagandists and agitators of the criminal ideas at that time, as well as ideologists, namely Balayan Zori Hayki, Kaputikyan Silva Barunakovna, Muradyan Igor Maratovich, Manukyan Vazgen Mikaeli, Manucharov Arkadi Manveli, Ghukasyan Arkadi Arshavirovich, Melik-Shahnazaryan Levon Grantovich, Kocharyan Robert Sedraki, Sargsyan Serzh Azati, Babayan Samvel Andraniki, Sefilyan Zhirayr Simonovich, Balasanyan Vitaly Mikaeli, Karapetyan Arkadi Muradovich, Petrosyan Georgi Mikaeli and others, as well as Armenian or pro-Armenian individuals, holding various positions in the leadership of the former USSR, using their official positions for criminal purposes, began to openly operate by creating stable organized criminal groups and their stable unity based on a strict division of roles, thus creating a criminal organization.

They united in a criminal organization, implying the ideas of "Miatsum" ("Union"), based on national-ethnic hatred and hostility towards the Azerbaijani people in Armenian society.

Subsequently, the documents and evidence confirming the occupation of the sovereign territories of the Republic of Azerbaijan, the genocide and extermination of the population committed during the occupation, terrorist and other criminal facts were announced.

It was noted that the armed conflict waged by Armenia against Azerbaijan should be considered as a war of aggression under the international law.

The hearing emphasized that the Azerbaijani sovereign territories had been under a long-lasting occupation due to Armenian aggression.

The planned implementation and continuation of the occupation was realized under unified strategic plan and supervision of the Armenian official structures, armed forces, and unofficial armed formations. This was a manifestation of the expansionist ideology that had been formed over many years in the Armenian political-ideological environment and was justified by the concept of "Greater Armenia."

As a result of the aggressive war from 1988-1994, a total of 925 Azerbaijani residential settlements, including 12 cities, 18 settlements, and 895 villages had been occupied.

The state prosecution also highlighted the occupation of the Khankendi city, the Karkijahan settlement, the Khojaly district, the Khojaly massacre, the transportation of armament by helicopter, the Meshali massacre, and other crimes.

Nasir Bayramov, Head of the Department for Defense of State Prosecution at the Prosecutor General’s Office, continued the indictment speech. He announced the parts of the indictment related to the occupation of Shusha city and the partial destruction of the population of the villages of Malibayli-Gushchular, the occupation of the village of Karki (Nakhchivan Autonomous Republic), the occupation of the villages of Baghanis-Ayrım, Ashagi Eskipara, Yukhari Eskipara, Kheyrimli, Barkhudarli, Sofulu, Gizilhajili in the Gazakh district, the partial destruction of the population of the village of Baghanis-Ayrım, the occupation of the Khojavend district and the partial destruction of the population of the village of Garadaghli, the shooting down of a helicopter on November 20, 1991, and the partial destruction of the population in the villages of Ballıqaya and Gulustan in the Goranboy district.

In accordance with the aggressive plan, on May 8, 1992, under the leadership of Ter-Tadevosyan Arkady Ivanovich, based on the instructions received from Armenia, a crescent-shaped attack was launched on the city of Shusha from four directions: northwest, north, northeast, and east, resulting in the city’s occupation.

Fuad Musayev, prosecutor defending the state prosecution, highlighted the occupation of several villages of Kalbajar, Tartar districts, Aghdam, Fuzuli, Jabrayil, Zangilan and Gubadli districts, the capture of the strategically important position called "Tunnel" in the territory of Aghdaban and Jomard villages, as well as on the Kalbajar-Lachin highway, the destruction of the population in that area and the population of the village of Bashlibel, as well as the April battles of 2016.

He mentioned that although the accused were presented as "heroes" of the aggressive war and occupation policy waged by Armenia against the independent state of Azerbaijan, in fact they were individuals who committed war crimes and crimes against humanity under international law.

The prosecutor then addressed specific points regarding the accused's involvement in the occupation of Azerbaijan's sovereign territories.

Tarana Mammadova, prosecutor defending the state prosecution, underscored the parts of the indictment related to the attack on Tovuz by the Armenian armed forces in July 2020 (the Tovuz clashes), as well as the shelling of separate cities and districts of Azerbaijan (Ganja, Mingachevir, Barda, Tartar, etc.) by the Armenian armed forces during the 44-day war, resulting in the killing of people, the destruction of residential buildings, infrastructure, etc.

Vusal Abdullayev, prosecutor defending the state prosecution, announced the parts of the indictment related to the facts of forced disappearance, the facts of taking prisoners and hostages and subjecting to torture during the aggressive war, the facts of mining of territories, the continuation of aggression through mine explosions, the facts of terrorist crimes committed during the aggressive war, and the facts of the use of mercenaries.

The speech also included the sections on the crimes of illegal settlement in the occupied territories as a continuation of the aggressive war, the forcible seizure of power in the occupied sovereign territories of the Republic of Azerbaijan and the imposition of an illegal administrative regime, damage to the military arsenal of the Republic of Azerbaijan and the transportation and placement of weapons, ammunition, military equipment and other equipment in the occupied territories, intentional damage to the economy of the Republic of Azerbaijan and the financing of terrorism in the occupied territories.

During the statements, relevant photographs, maps, figures, etc. were displayed on the monitors in the courtroom.

The trial will continue on November 6.

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.