Defense attorney spoke on behalf of six defendants in the trial of Armenian citizens VIDEO
Baku, November 27, AZERTAC
The open court hearing on the criminal cases against citizens of the Republic of Armenia – 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 preparing and waging an aggressive war, genocide, violation of the laws and customs of war, as well as terrorism, financing terrorism, forcibly seizing power, maintaining it by force, and numerous other crimes as a result of Armenia’s military aggression against Azerbaijan, continued on November 27.
The hearing at the Baku Military Court, presided over by Judge Zeynal Agayev, with members Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova), provided each defendant with an interpreter in their language and legal counsel for their defense.
The session was attended by the defendants, their lawyers, some of the victims, their legal heirs and representatives, as well as prosecutors representing the state.
The defense attorneys of the defendants began their statements in court.
The defense attorney of the defendant Gurgen Stepanyan, Zumrud Samedova, noted at the start of her speech that the prosecutor had requested a 16-year prison sentence for Stepanyan. The defense attorney stated that the defendant does not consider himself guilty of the charges brought against him. According to her, Stepanyan served as a conscripted soldier in Hadrut settlement from 2005 to 2007, and in 2023 he was assigned to a combat post, as he had stated during the court investigation.
The lawyer added that on September 19, 2023, he left his post and fled to the city of Khankendi, where he encountered soldiers of the Armed Forces of the Republic of Azerbaijan and surrendered to them.
“As the defense, I believe that under Article 42.1.4 of the Criminal Procedure Code of the Republic of Azerbaijan, the defendant should be acquitted on the grounds that his guilt has not been proven. Therefore, I ask the court to acquit the defendant based on this article,” the lawyer added.
The defense attorney of Gurgen Stepanyan, Rafig Karimov, also requested the court to acquit his client.
The defense attorney of Vasili Beglaryan, Azizaga Gafarov, stated that his client is not guilty of the alleged crimes. The lawyer said that V. Beglaryan served as a conscripted soldier in the Aghdara region from 2012 to 2013. According to him, in 2022, Beglaryan signed a three-year contract as a serviceman in a military unit located in Khankendi city and was deployed several times to a combat position near Charekdar village, where he performed armed guard duty.
The defense argued that signing a contract as a serviceman and serving in the Khankendi unit should not be considered a crime. His service was voluntary and done to earn a salary, not as an act of guilt. The lawyer also noted that this fact is corroborated by Beglaryan’s own testimony. Beglaryan has not considered himself guilty of the charges since his detention on September 26, 2023. The defense requested the court to acquit him.
The defense attorney of Arkadi Gukasyan, Parvana Gasimova, stated that her client was not a member of any criminal organization. She rejected the prosecution’s evidence and asked the court to acquit Gukasyan. His other lawyer, Naile Tagiyeva, also requested an acquittal.
David Manukyan’s defense attorney, Valeh Gurbanov, said that his client does not consider himself guilty and is not a member of any criminal organization. He emphasized that Manukyan was never part of an illegal armed group, was a professional soldier, and acted according to military instructions. The lawyer stated that the main responsibility lies with Armenia’s political and military leadership and requested the court to acquit Manukyan.
David Babayan’s lawyer, Chingiz Mansurov, said that his client voluntarily surrendered to Azerbaijani soldiers in September 2023. D. Babayan does not consider himself guilty of the charges, and the defense requested his acquittal.
Madat Babayan’s defense attorney, Leyla Namazzade, stated that M. Babayan should be acquitted regarding the incident on November 20, 1991, near the village of Garakend, Khojaly district, when an Azerbaijani helicopter was shot down, targeting state officials. She noted that M. Babayan served in posts in the Aghdara and Tartar directions, did not fire at live targets, and only fired shots into the open air.
The lawyer added: “Madat Babayan gave sincere testimony during the investigation and confirmed it twice during the court proceedings. Thanks to his testimony and sharp memory, the remains of victims killed during the Khojaly massacre were discovered and returned to their families for burial according to our traditions after 30 years. Although he participated in the events, he did not kill anyone or fire at civilians; he served as an ordinary soldier. He sincerely regrets witnessing the torture of Azerbaijanis during ethnic cleansing, including the Khojaly events, and apologizes to the Azerbaijani people and the President of Azerbaijan.”
The defense requested acquittal for all charges against M. Babayan. His other defense attorney, Elnur Valiyev, agreed with the statements of the preceding lawyer.
The court proceedings will continue on December 4.
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.
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