Baku, November 13, AZERTAC

The open court session in 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, violation of the laws and customs of war, as well as terrorism, financing of terrorism, violent seizure of power, violent retention of power, and numerous other crimes as a result of Armenia's military aggression against Azerbaijan, continued on November 13.

The court session at the Baku Military Court, chaired by Judge Zeynal Agayev and composed of Jamal Ramazanov and Anar Rzayev (with reserve judge Gunel Samadova), provided each accused person with an interpreter in the language they know, as well as defense lawyers.

The session was attended by the accused persons, their defenders, some of the victims, their legal successors and representatives, as well as prosecutors upholding the state prosecution.

The court session continued with the closing statements of the prosecutors upholding the state prosecution.

Tughay Rahimli, Assistant to the Prosecutor General on special assignments, spoke and expressed his position on the characterization of the criminal acts in the charges brought against the accused persons.

He noted that UN Security Council Resolutions 822, 853, 874, and 884 confirm that the sovereign territories of the Republic of Azerbaijan were occupied as a result of Armenia's military aggression, thereby confirming that Armenia waged an aggressive war against Azerbaijan.

The closing statement indicated that the aggressive war waged by Armenia against Azerbaijan was not factually halted even during periods when no active military operations were conducted.

During the aggressive war, the Armenian armed forces repeatedly violated the ceasefire, targeting members of the Armed Forces of the Republic of Azerbaijan lawfully operating on its territory, civilians, their property, state facilities for civilian purposes, religious, educational, scientific, and medical facilities, places where the sick and wounded were located, as well as objects of significant strategic importance, including the Baku-Tbilisi-Ceyhan oil pipeline.

It was also stated that the systematic nature and widespread geographical scope of the torture inflicted by the Armenian armed forces prove that the application of torture reflected the policy of the Armenian state.

It was emphasized that Additional Protocol I to the Geneva Conventions considers "the transfer by the occupying Power of parts of its own civilian population into the territory it occupies" a crime. It was noted that during the court investigation, the accused Arayik Harutyunyan, Arkadi Ghukasyan, and Bako Sahakyan confirmed in their statements the transfer of population from Armenia to the occupied regions of Azerbaijan, particularly to the Lachin district.

At the same time, these facts were confirmed based on letters examined during the court investigation, information from Armenian sources, and data from internet information resources.

It was emphasized that Armenia's military aggression was not directed solely at members of the Armed Forces of Azerbaijan but also targeted areas such as the largest cities and districts – Ganja, Barda, Agjabedi, Yevlakh, Mingachevir, Zardab, Kurdamir, Gabala, and others—as objects of attack.

Thus, the evidence examined in court confirmed that Armenia occupied the sovereign territories of Azerbaijan and committed crimes against peace and humanity, war crimes, and numerous other particularly serious crimes during and after the military aggression against Azerbaijan.

Subsequently, Senior Assistant to the Prosecutor General Vusal Aliyev and Nasir Bayramov, Head of the Department for Upholding State Prosecution at the General Prosecutor's Office, spoke and voiced the prosecutors' proposals regarding the punishment to be imposed for each criminal act of which the accused persons are charged.

During the speeches, it was also proposed to the court to remove certain points from the charges brought against the accused persons and to characterize the acts of the accused persons under a norm of the criminal law providing for lighter liability compared to some of the charges brought.

It was emphasized that although the accused Arkadi Ghukasyan, Bako Sahakyan, and Madat Babayan are charged with committing crimes providing for life imprisonment, and these charges were proven during the court investigation, according to the requirements of the Criminal Code of the Republic of Azerbaijan, life imprisonment cannot be imposed on them since they reached the age of 65 before the final court decision, i.e., the verdict, is issued.

It was proposed that Harutyunyan Arayik Vladimiri be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan – planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention – October 3, 2023.

Regarding Mnatsakanyan Levon Henrikhi, it was proposed that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention – September 29, 2023.

It was proposed that Manukyan David Azati be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention – September 27, 2023.

Regarding Ishkhanyan Davit Rubeni, the proposal stated that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention—October 3, 2023.

Regarding Babayan David Klimi, it was proposed that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention – September 28, 2023.

It was proposed that Ghukasyan (Ĝukasyan) Arkadi Arshavir* be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 20 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – October 3, 2023.

Regarding Sahakyan Bako Sahaki, it was proposed that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 20 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – October 3, 2023.

It was proposed that Manukyan David Azati be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention – September 27, 2023.

Regarding Ishkhanyan Davit Rubeni, the proposal stated that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention—October 3, 2023.

Regarding Babayan David Klimi, it was proposed that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to life imprisonment, to be served in a prison. The start of the sentence shall be calculated from the date of detention – September 28, 2023.

It was proposed that Ghukasyan (Ĝukasyan) Arkadi Arshavir* be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 20 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention—October 3, 2023.

Regarding Sahakyan Bako Sahaki, it was proposed that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; mercenarism; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing of terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; acts creating a threat to aviation safety; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 20 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – October 3, 2023.

It was proposed that Babayan Madat Arakeli be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; violation of the laws and customs of war; violation of international humanitarian law norms; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; attempt on the life of a state figure; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 20 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 21, 2023.

Regarding Pashayan Melikset Vladimiri, the proposal stated that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 20 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 21, 2023.

It was proposed that Martirosyan Garik Grigori be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; destruction of the population; slavery; forced transfer of the population; persecution; enforced disappearance of persons; deprivation of liberty in violation of international law norms; torture; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to 19 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 21, 2023.

Regarding Allahverdiyan Davit Nelsoni, the proposal stated that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; destruction of the population; forced transfer of the population; persecution; enforced disappearance of persons; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to 18 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 21, 2023.

Regarding Balayan Levon Romiki, the proposal stated that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; destruction of the population; forced transfer of the population; persecution; enforced disappearance of persons; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to 17 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 21, 2023.

It was proposed that Beqlaryan Vasili Ivani be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; forced transfer of the population; persecution; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; military plunder; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 16 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention—September 26, 2023.

Regarding Stepanyan Gurgen Homerosi, the proposal stated that he be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan – planning, preparing, initiating, and conducting an aggressive war; destruction of the population; forced transfer of the population; persecution; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation – and be finally sentenced to 16 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 21, 2023.

It was proposed that Ghazaryan Erik Roberti be found guilty of committing the crimes provided for in the Criminal Code of the Republic of Azerbaijan—planning, preparing, initiating, and conducting an aggressive war; forced transfer of the population; persecution; violation of the laws and customs of war; violation of international humanitarian law norms during armed conflict; intentional murder; terrorism; creating a criminal association (organization); illegally acquiring, transferring to another person, selling, storing, transporting, and carrying weapons, their component parts, ammunition, explosives, and devices; violent seizure of power and violent retention of power; violent change of the constitutional order of the state; creating armed formations and groups not provided for by legislation—and be finally sentenced to 16 years of imprisonment, with the first 10 years to be served in a prison and the remaining part in a strict-regime correctional institution.

The start of the sentence shall be calculated from the date of detention – September 27, 2023.

In addition, the court was requested to make a decision regarding the physical evidence in the criminal case in accordance with the requirements of the Criminal Procedure Code of the Republic of Azerbaijan.

The prosecutors upholding the state prosecution requested the court not to change the preventive measure selected for each of the accused persons until the verdict enters into legal force.

In addition, the court was requested to make a decision regarding the physical evidence in the criminal case in accordance with the requirements of the Criminal Procedure Code of the Republic of Azerbaijan.

In court, the representatives of the victims stated that the charges brought against the accused persons were proven by the evidence examined during the court investigation, which lasted nearly a year, the materials studied, the testimonies of interrogated witnesses and victims, as well as expert opinions and other evidence.

The representatives of the victims expressed their agreement with the prosecutors' proposals regarding the punishment and requested the court panel to issue a verdict accordingly.

The court process will continue on November 27.

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.