Baku, December 22, AZERTAC

The open court hearing in the criminal case against citizens of the Republic of Armenia – Arayik Harutyunyan, Arkadi Gukasian, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others – accused of war crimes, crimes against peace, crimes against humanity, including planning and waging an aggressive war, genocide, violations of the laws and customs of war, terrorism, financing of terrorism, illegal seizure of power, unlawful retention of authority, and numerous other offenses committed as a result of Armenia’s military aggression against Azerbaijan – resumed on December 22.

The session was held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev, with judges Jamal Ramazanov and Anar Rzayev, and reserve judge Gunel Samadova.

Each of the accused was provided with interpreters in their preferred language and defense attorneys, ensuring full compliance with procedural rights.

The hearing was attended by the accused, their defense lawyers, some victims, their legal heirs and representatives, as well as prosecutors representing the state prosecution.

Presiding judge Zeynal Aghayev stated that the court proceedings continue with final statements from accused.

It was mentioned that due to the adjournment of the previous hearing, accused David Babayan will continue his statement during the current hearing.

David Babayan presented his counterarguments in response to the prosecution’s statements. He said that the accused were innocent. “I do not consider myself guilty under any article,” Babayan added.

In his statement, David Babayan expressed gratitude to the defense attorneys and translators.

Accused Levon Mnatsakanyan requested the court to make his final statement in Russian, with the court granting the request.

The accused said: “Garabagh (the illegal regime- ed.) requested Armenia to act as its security guarantor, and starting from that period, all operations on the line of contact have been carried out in accordance with the plans prepared by the general staff of the Republic of Armenia (the general staff of the armed forces - ed.).

"I mentioned during the hearings that I was conscripted to the military service in 1992. Given my officer rank, I was appointed deputy commander of the battalion. Nothing else was required to be appointed to this position. However, the prosecution claims that I was appointed based on some other parameters."

The accused also touched upon the prosecution's claims that mercenaries fought on behalf of Armenians in the war: "As far as I know, they were not mercenaries. They were all volunteers and no one had recruited them for service, and they were not paid for it."

Mnatsakanyan also responded to the claims made by victim Ilham Mammadov. (During the hearing on October 2, Ilham Mammadov noted that 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 the state prosecutor, Mammadov identified accused Levon Mnatsakanyan as the perpetrator). Mnatsakanyan noted that no torture was inflicted on the victim.

He also denied the claims of the state prosecution regarding his participation in the planning of the attack on Shushakand during the 44-day War, in 2020, adding that he was not involved in any military operation in 2020-2023. The accused noted: “Yes, I was there (The meeting in the school in Shushakand- ed.). However, I joined the meeting late after it had already started. I had nothing to do with the meeting. I was not invited there. I was discussing civil defense issues with the heads of civil defense of the surrounding villages in one of the classrooms of that school. We were discussing the evacuation of the civilians. They (the meeting participants-ed.) also came there and requested a room to hold a two-hour meeting. The chairman, in turn, allocated that room for them. In other words, he took advantage of my absence and allocated the room I was working in. When I arrived, a meeting was already taking place there. I entered that room and sat down with Artur Aghabekyan. It was just a coincidence.”

“It became clear to me from the meeting that three reserve battalions, one tank battalion, and one artillery division were prepared for battle. As a result of that operation, the road was to be blocked. The supply work was being done, that is, the military was being provided with supplies. It was Samvel Babayan, who was in charge of the armed forces preparing the attack on Shusha. They discussed all the issues. They set the time for that operation and left. The time was set for 5 o'clock the next day. After the organizers left, the participants began to express their dissatisfaction that the preparations had not been fully carried out, that they were not fully ready. They were not given time to prepare for this operation normally, and that is why they refused to participate. I asked why they were saying this now, why they had not said this at the meeting to what I could not get an answer, and I did not interfere in their business. I thought it was their own business,” he further noted.

Speaking about the April battles that took place in 2016, the accused stated that he was an “army commander” (the commander of the largest unit of the Armenian armed forces – ed.) at the time. He denied the prosecution’s evidence and the victims’ statements regarding the April battles, noting that they did not attack Azerbaijani military positions.

The court proceedings will resume on December 23.

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.