DAYS OF SORROW
AZERBAIJAN MILITARY PROSECUTOR’S OFFICE CONTINUES OPERATIONAL-INVESTIGATIVE ACTIONS IN CONNECTION WITH GENOCIDE COMMITTED BY ARMENIANS IN KHOJALY
Baku, February 24 (AZERTAC). Military Prosecutor’s Office of the Azerbaijan Republic continues operational-investigative actions in connection with the genocide committed by the Armenian aggressors together with staff of 366th motor-rifle regiment of the former Soviet Army on the night from 25 to 26 February, 1992, in the Azerbaijan town of Khojaly.
The information received by AZERTAC from the Military Prosecutor’s Office press-service, states that making by aggressive Armenian nationalists of unreasonable territorial claims to the Azerbaijan Republic and rise of the notorious problem of Nagorno Karabakh in the second half of 80s of the last century have led to a mass slaughter and deportation of Azerbaijanis from historical territories on which they lived throughout centuries, to destruction of our cities and villages, monuments of material culture, other crimes directed on destruction of our national gene pool. In 1991-1992, the genocide was committed in Khojaly and other residential areas, Shusha and numerous other residential areas were occupied and ethnic cleansing operations were carried out. At the same time, 373 terrorist attacks resulted in mass human losses were committed by Armenia, which pursued state terrorism and genocide policy, and separatist regime in the occupied territories till 1994. As a result of aggressive war, 20 thousand of our compatriots were lost, over 50 thousand of our citizens were wounded or became disabled, thousands of residential areas and apartment houses, educational and public health establishments, economic facilities were destroyed.
As a result of occupation of 20 percent of our territories, over one million of our compatriots became refugees and IDPs. Azerbaijani captives and hostages detained in Nagorno Karabakh and other occupied regions of Azerbaijan, as well as in Armenia faced with unbearable tortures and part of them were killed or disabled. Since 1988, criminal investigations have been launched by the prosecutor’s offices and other law enforcement bodies about the killing, torturing and disabling of Azerbaijani captives and hostages by the Armenian armed forces in Nagorno Karabakh and other occupied territories of Azerbaijan, as well as in Armenia, sabotages and terrorist attacks committed by Armenians, deportation of the population, destruction of material resources in the residential areas, destruction of cultural-historic monuments and other grave crimes committed by Armenians.
On December 18 2003, the joint investigative operational group was established by the General Prosecutor’s Office, Interior Ministry and the Ministry of National Security of the Republic of Azerbaijan to solicit to the international organizations about the investigation and legal assessment of grave crimes committed against the Azerbaijani people, identification of the persons participated in organizing and committing of those crimes and bringing them to justice under the Azerbaijan’s legislature, as well as outrage against the norms of international law.
According to the decision of the Prosecutor General dated May 5, 2005, realization of procedural activities over the criminal cases was entrusted to the Military Prosecutor`s Office of the Azerbaijan Republic. Special investigative unit of the Department of Investigation of Grave crimes of the Military Prosecutor’s Office of the Republic of Azerbaijan was established and chief of the unit was appointed the head of the investigative operational group in accordance with the order of the Prosecutor General on March 30, 2009 for comprehensive, objective and completed investigation of other grave crimes committed against peace and humanity. The Military Prosecutor`s Office of the Azerbaijan Republic carries out urgent investigatory measures on updating of proceedings and end of investigation of the cases of the given category, on establishment and bringing on the basis of the current legislation to the criminal liability of the persons participating in the organization and implementation of the said crimes, realization of the necessary actions connected with presenting to the international organizations appropriate petitions for the facts of rough infringement of the principles of international law.In connection with occupation of Khojaly, on February 27, 1992, a criminal case was filed and launched investigation under the Articles 70 (banditry), on the points 4 and 6 of Article 94 (premeditated murder under aggravating circumstances) of the Criminal Code of the Azerbaijan Republic, effective till September 1, 2000.
The investigation has established that at about 22.00 on the night of February 26, 1992, , military units of Armenia and the separatist Armenian armed formations of Nagorno Karabakh with the assistance of officers, ensigns and soldiers of 366th regiment billeted in Khankendi, attacked Khojaly, pursued the people attempting to flee to the territory of Agdam region to save their lives, including children, women, the old, subjected them to gun-fire, tortured, killed them, took them hostage, burned and plundered the buildings of state and public institutions, the organizations, enterprises, the houses and property the of citizens.Investigation of the criminal case filed in connection with Khojaly tragedy was suspended on March 31, 1994. Investigation of said criminal case has been updated by the Military Prosecutor of the Azerbaijan Republic on July 12, 2005, and the actions on this criminal case were applied to the Articles 103 (genocide), 107 (deportation or compulsory resettlement of the population), 115.2 (infringement of laws and customs of war) and other Articles of the Criminal Code of the Azerbaijan Republic. Since then, investigation has been underway to hold accountable and judge the persons who committed war crimes against peace and humanity. The investigation found out that 613 Khojaly residents, including 63 children, 106 women were killed, 1275 were taken hostage, 150 were missing, 487 received injuries of numerous degrees.
Basing on the examination of the bodies, opinions of forensic medical examination, testimonies of Khojaly residents, who escaped the siege, it was determined that the servicemen of the 366th regiment tortured the Azerbaijanis, skinned their heads, cut noses, ears, genitals, pulled out their eyes, beheaded them on the graves of Armenians, tortured everybody, even women, the old and children.
The investigation also found out that the action committed by Armenian armed forces and separatist armed forces of Nagorno Karabakh together with the servicemen of the 366th regiment of USSR in Khankendi, contained components of genocide crime envisaged in the Convention for the Prevention and Punishment of the Crime of Genocide adopted by the United Nations General Assembly on 9 December 1948 and article 103 of Azerbaijani Criminal Code.
Also was established that the military units of Armenia, armed separatist formations of Nagorno Karabakh and the militaries of 366th regiment of the USSR billeted in Khankendi have carried out the Khojaly genocide and didn’t observe the universally recognized norms of international law, brutally violating the requirements stipulated in the appropriate paragraphs of the Geneva Conventions “On improvement of conditions of the patients and wounded in fighting armed forces”, “On the treatment of the prisoners of war” and “On protection of civilians during war” dated August 12, 1949, on interdiction of attempt for life and personality of the persons who are not participating directly in fighting operations, including to kill under any conditions, to cripple, to severely treat and torture, to take in hostages, to wound human self-esteem, including to treat in the offensive and humiliating form.
Participation of 38 persons, whose names listed below, the servicemen of 366th regiment and other persons - in the Khojaly genocide was proved and the court passed decision about bringing them to account for crimes described in the Article 103 of the Criminal Code of the Azerbaijan Republic, stipulating responsibility for genocide, and also Articles 107 (deportation or compulsory resettlement of the population), 113 (application of tortures), 115.4 (infringement of laws and customs of war), 116.0.17 (committing other actions connected with rape, sexual slavery, compulsory prostitution, compulsory sterilization, compulsory pregnancy, and also with sexual violence), providing responsibility for crimes against peace and humanity, war crimes. For realization of the court decision, appropriate documents were submitted to the Interpol’s bureau in the Azerbaijan Republic to declare them internationally wanted.
1 | Zarviqorov Yuri Yuriyevich | Commander of CIS’s 366th regiment |
2 | Chitcyan Valeri Isaakovich | Headquarters chief of the 1st battalion of CIS’s 366th regiment |
3 | Ayriyan Vachagan Griqoryevich | Investigation chief of CIS’s 366th regiment |
4 | Akopyan Movses Grantovich | Commander of 2nd company of the 1st battalion of CIS’s 366th regiment |
5 | Abramyan Pogos Garnushevich | Commander of 11th regiment in khankendi |
6 | Kisebekyan Griqoriy Akopovich | Communication Company commander of CIS’s 366th regiment |
7 | Arutyunyan Slavik Vadimovich | Commander of the 5th company of CIS’s 366th regiment |
8 | Ishkhanyan Andrey Artyushevich | Commander of equipment platoon of the 1st company of CIS’s 366th regiment |
9 | Beglaryan Sergey Yurikovich | Troop commander of the 2nd battalion of CIS 366th regiment |
10 | Arutunyan Kamo Rafaelovich | Troop commander of repair company of CIS’s 366th regiment |
11 | Danielyan Armen Borikovich | Troop commander of repair company of CIS’s 366th regiment |
12 | Garmash Viktor Anatoliyevich | Officer of CIS 366th regiment |
13 | Smagin Aleksandr Vladimorovich | Officer of CIS 366th regiment |
14 | Balyazin Oleg Viktorovich | Officer of CIS 366th regiment |
15 | Beglaryan Armen Volodiyevich | Senior technician of 1st company of CIS 366th regiment |
16 | Ayrapetyan Aleksandr Aleksanrdovich | Praporshik of CIS 366th regiment |
17 | Mirzoyan Vachik Grantovich | Mate of 2nd company of CIS 366th regiment |
18 | Ayrapetyan Vachik Gurgenovich | Mate of 3rd company of CIS 366th regiment |
19 | Abramyan Armo Aramovich | Khankendi city IAD chief |
20 | Gukasyan Mavrik Araratovich | Asgaran R IAD chief |
21 | Agajanyan Karlen Levonovich | Former Asgaran R IAD chief |
22 | Barsegyan Shagen Semyonovich | Deputy Chief of Asgaran R IAD for fire safety department |
23 | Petrosyan Karo Vaniyevich | Chief of Asgaran IAD for fire safety |
24 | Kocharyan Serjik Sumbatovich | Chief of Khankendi city jail |
25 | Ayriyan Samvel Samurkayevich | Inspector of Asgaran R IAD |
26 | Grigoryan Edik Emirvarovich | Officer of Asgaran R IAD |
27 | Grigoryan Ararat Rantikovich | Officer of Asgaran R IAD |
28 | Akopyan Oleq Nikolayevich | Member of Hasanabad village sovkhoz |
29 | Tumasyan Seyran Aprakovich | Driver in Khas village |
30 | Babayan Georgi Ginikorovich | Driver in Hasanabad village sovkhoz |
31 | Grigoryan Valerik Sergeyevich | Member of Hasanabad village sovkhoz |
32 | Balasanyan Vitaliy Mikhaylovich | DGMV chief of Armenian popular Front |
33 | Mirzoyan Maksim Mikhaylovich | Chief of #2718 Motor depot in Stepanakert |
34 | Babayan Bahadur Ginigorovich | Khojaly ex-resident |
35 | Mangasaryan Artik Gurgenovich | Asgaran region, Dashbulag resident |
36 | Kagramanyan Hamlet Asriyevich | Asgaran region, Dashbulag resident |
37 | Grigoriyan Janpolad Khanlarovich | Asgaran region, Dashbulag resident |
38 | Ishkhanyan Yura Georgevich | Chief cookery in Asgaran region |
During the investigation, in connection with the Khojaly genocide, 2213 persons have been questioned as witnesses and victims, and made more than 800 examinations.
In connection with representation of the list of the lost and wounded servicemen of the 366th regiment, data acquisition about capture of military technology or its transfer to Armenians, and also about bombardment by the military technology of the 366th regiment of the Azerbaijani residential areas and other peculiarities, the Prosecutor`s General Office of the Russian Federation, the Republic of Uzbekistan and the Republic of Kazakhstan were sent representations for legal assistance.
Operational-investigative actions are underway to collect the data proving participation of Major Ohanyan Seyran Mushegovich, former commander of the 2nd battalion of the 3666th regiment (now is the Minister of Defense of the Republic of Armenia) and Nabokikh Yevgeniy Aleksandrovich, former commander of the 3rd battalion of the 366th regiment, and others, in committing the Khojaly genocide, and bring them to account for the crimes described by appropriate articles of the Criminal Code of the Azerbaijan Republic, and also on establishment of persons, who, ruthlessly treating, subjecting to tortures and severely killing the prisoners and hostages, making genocide in the Meshali, Garadagly, Baganis-Ayrym villages and other settlements, compulsorily moving and deporting the local Azerbaijani population from their homelands, have made especially grave crimes.
