Baku, September 1, AZERTAC

The open court hearing regarding the criminal cases against citizens of the Republic of Armenia, including 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 the preparation and conduct of an aggressive war, genocide, violation of the laws and customs of war, as well as terrorism, financing terrorism, forcible seizure of power, its forcible retention, and numerous other crimes as a result of Armenia’s military aggression against Azerbaijan, continued on September 1.

The court session, held at the Baku Military Court under the chairmanship of Judge Zeynal Agayev, with Judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova), ensured that each defendant was provided with a translator in their preferred language and lawyers for their defense.

The session was attended by the defendants, their defense attorneys, some of the victims, their legal heirs and representatives, as well as prosecutors representing the state.

The judge initially announced that a new defense attorney had been appointed to the defendant Garik Martirosyan at the public expense.

G. Martirosyan did not object to the appointment of a new defense attorney.

The court hearing continued with the reading of the statements made by defendant Davit Ishkhanyan to the preliminary investigation in the criminal case and other documents related to him.

Accused Davit Ishkhanyan stated in his testimony during the preliminary investigation that, as a battalion commander, his duties included “protecting villages” in the territories of 8 villages in Khojavand district and participating in military operations, and later, as an “official”, he participated in “management” within the framework of his “official duties”.

He was called up for service on September 10, 1992, and fought against the Azerbaijani army as part of the so-called regime struggle group.

In general, the battalion he led participated in the occupation of Khojavand, Aghdara, Kalbajar and Aghdam districts. In his testimony during the preliminary investigation, he stated that all weapons and ammunition used during the military operations were delivered from the territory of the Republic of Armenia to the city of Khankendi and from there distributed among the corps.

The materials presented at the court hearing proved that although Davit Ishkhanyan stated that he had no involvement in a criminal group, during his years at the university he joined a student group, participated in rallies of the “Miatsum” and “Krunk” organizations, and even served with weapons at posts established in the city of Khankendi and Khojavand until 1992. The criminal also took part in the war against the Republic of Azerbaijan.

Then, the Baku Military Court disclosed the statements of the accused Levon Mnatsakanyan given during the preliminary investigation in the criminal case.

In his testimony, Mnatsakanyan stated that in September 1992 he began military service in the “army” of the so-called regime as a deputy battalion commander. Over the years, he was appointed to various positions. From May 2007 to November 2012, he served as Chief of Staff of the “defense army” of the so-called regime, and from November 2012 to June 2015, he was Deputy Chief of the General Staff of the Armed Forces of Armenia. Between December 14, 2018, and May–June 2019, he headed the “Rescue Department” in the city of Khankendi, and from May–June 2019 to June 2020, he served as “Chief of Police.” After retirement, he stated that he has not been employed anywhere.

Mnatsakanyan noted that during his service as commander of the so-called “defense army,” the financing, arming, and other needs of the “army” were carried out by the General Staff of the Armed Forces of Armenia at the expense of the state budget of Armenia.

He also admitted that since beginning his military service in the so-called “defense army” in September 1992, he had taken part in battles in the Kalbajar, Fuzuli, Aghdara, Aghdam, and Jabrayil districts during the First Karabakh War.

The court hearing continued with the reading of the statements given by the accused David Manukyan to the preliminary investigation in the criminal case and other documents related to him.

David Manukyan stated that since December 1992, he participated in the First Karabakh War between Azerbaijan and Armenia as a volunteer soldier, as well as in wars and other armed conflicts that Armenia and Azerbaijan conducted, holding various, mainly managerial positions, as a soldier in the so-called "army of defense" of the so-called regime, established in the occupied Azerbaijani territories from approximately May 1994 onwards.

The statements given by the accused to the preliminary investigation in the criminal case and the study of other documents made public regarding him revealed that Samvel Babayan, who was the “Defense Minister” of the so-called regime in 1992, and Vazgen Sargsyan, the Minister of Defense of the Republic of Armenia, led all combat operations in the First Karabakh War. During the war, all orders and instructions were given by S. Babayan and V. Sargsyan, and attack and combat plans were drawn up by them.

Like other weapons and ammunition, mines were delivered to the occupied territories of Azerbaijan from the Republic of Armenia. The "command of the defense army" decided on the specific areas for mine planting, based on reports from commanders of military units deployed in those areas. Based on that decision, military unit commanders led the planting of anti-tank and anti-personnel mines in the designated areas. However, he claimed that he did not know where the mine maps for those areas were kept.

The documents reveal that when people of Armenian origin from Syria, Lebanon, and Iraq applied to come and live in the Republic of Armenia, at the time, they were transferred to the occupied territories of Azerbaijan and relocated there.

The court proceedings will continue on September 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.