Baku, June 30, AZERTAC

An open court hearing continued on June 30 at the Baku Military Court regarding criminal cases against citizens of the Republic of Armenia, including Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others. These individuals are accused of crimes against peace and humanity, war crimes, preparation and conduct of aggressive war, genocide, violations of the laws and customs of war, terrorism, financing of terrorism, forcible seizure and retention of power, and numerous other offenses stemming from Armenia’s military aggression against Azerbaijan.

The trial was presided over by Judge Zeynal Aghayev, with a panel consisting of Judges Jamal Ramazanov and Anar Rzayev (with Gunel Samadova as the reserve judge). All defendants were provided with interpreters in their preferred language and legal representation for their defense. The hearing was attended by the defendants, their lawyers, some of the victims, their legal successors or representatives, and prosecutors representing the state.

During the session, Arayik Harutyunyan was questioned by his defense counsel. He stated that the so-called "defense minister" of the illegal entity established in Azerbaijan’s formerly occupied territories was awarded the rank of lieutenant general in 2020 by the President of Armenia. Harutyunyan clarified that the so-called “army” of this entity (referring to a military unit of the Armenian armed forces) lacked the authority to make such decisions. He added, “The rank of lieutenant general was awarded to Jalal Harutyunyan by Armenian President Armen Sarkissian, upon the nomination of the prime minister, who signed the decree.”

Harutyunyan further noted that the illegal entity had no “military police,” “military prosecution,” or “military court.” He stated, “The military police is a structure of the Armenian armed forces. The military prosecution operated within the framework of Armenia’s Prosecutor’s Office. I believe general court proceedings were handled by the Syunik court, meaning no such judicial processes took place in Karabakh.”

Responding to his lawyer’s question about the integration of Armenian residents in Azerbaijan’s formerly occupied territories into the Republic of Azerbaijan after the 44-day war, Harutyunyan admitted that some groups harbored vengeful sentiments: “There were groups that were highly extremist, ready to seek retribution, and such incidents did occur. Some individuals were constructive, while others accused me of betrayal and collaboration. However, there was also a segment of the population that understood there was no alternative. The decline in trust in me reached a point where I ‘resigned.’”

When asked by his lawyer whether there had been an assassination attempt before his “resignation,” Harutyunyan responded, “There was no assassination attempt, but certain things happened… It was captured on video, but I prefer not to discuss it and choose to remain silent.”

Another defense lawyer asked Harutyunyan whether he had military units or squads under his command as the “leader” of the illegal entity. He replied that only the “police” and “national security service” were under his control. When asked if all military units were part of the Armenian army, he confirmed, “Yes.”

Subsequently, defendant Arkadi Ghukasyan was called to the stand and questioned by state prosecutor Fuad Musayev. Ghukasyan stated that during his tenure as the “leader” of the illegal entity, small agricultural and industrial companies operated in the area, including the major “Base Metals” company. He explained, “The company conducting geological exploration gained priority rights to exploit those deposits. Since only Base Metals conducted such exploration, it secured priority rights to operate those fields. At that time, no other company was interested in working in that direction. It was the only company.”

Ghukasyan confirmed that Base Metals began operations in Azerbaijan’s sovereign territories, then under Armenian occupation, around 2001 or 2002, extracting copper from the Heyvali deposit until 2012. Regarding the company’s investments, he noted, “I cannot say precisely, but tens of millions were invested. If I’m not mistaken, around 2,000 workers were employed there. The ‘budget contributions’ were also quite substantial. The company’s director was Mkrtumyan (Artur Mkrtumyan – ed.), and its owner was Valeriy Mejlumyan.” He added that the extracted copper was transported to Armenia.

Ghukasyan stated that the copper at the Heyvali deposit was depleted by 2012, but the company continued operations in other areas. He also discussed the activities of Vartan Sirmakes, an Armenian-Swiss businessman, in the illegal entity’s territory. Sirmakes was a co-owner of Artsakhbank and Armswissbank in Armenia and managed an enterprise in Khankendi employing around 20-25 people. He also established a fish farming business in Azerbaijan’s formerly occupied territories.

Regarding the illegal entity’s mobile operator, Karabakh Telecom, Ghukasyan noted that it was owned by a Lebanese Armenian: “They were operating in Armenia at the time and invested in our region as well.”

Ghukasyan recounted a 2020 meeting in a bunker with Arayik Harutyunyan and Bako Sahakyan, where Harutyunyan urged them to convey a request to Armenia’s leadership to do everything possible to stop the war. “This was not only Arayik Harutyunyan’s request; many people approached us with the same plea,” he said. Ghukasyan added that between October 18-20, he and Sahakyan traveled to Yerevan to meet with Prime Minister Nikol Pashinyan, relaying the request to halt the war.

Responding to questions from Tugay Rahimli, Assistant to the Prosecutor General for Special Assignments, Ghukasyan confirmed that as the “leader” of the illegal entity, he was a member of the Board of Trustees of the Hayastan All Armenian Fund (established in 1992 by decree of Armenian President Levon Ter-Petrosyan). The board included the Armenian president, prime minister, parliament speaker, finance minister, two Catholicoses, leaders of prominent Armenian diaspora organizations, and others (approximately 30-40 people). Ghukasyan described the fund’s activities in Azerbaijan’s formerly occupied territories, including road construction linking Armenia to the illegal entity and building schools. He noted that funds were raised through telethons, in which he participated, held in the U.S. (Los Angeles), France (Paris), Germany, Austria, and Switzerland: “People donated through telethons—some gave $5, others $10,000, or $50,000.”

Ghukasyan confirmed that a ten-year strategic plan for settlement in Azerbaijan’s formerly occupied territories was adopted in 2001. He claimed the plan aimed to facilitate the return of those who had left the illegal entity’s territory but admitted that some individuals from Armenia settled there permanently.

A document in Armenian, discovered during an inspection of Ghukasyan’s residence, related to settlement in Azerbaijan’s formerly occupied territories, including a map with details of various areas and the number of families and residents, was examined in court. Ghukasyan stated he did not recall the document and suggested it might date back to 2015-2016, not his tenure.

The trial is scheduled to continue on July 3.

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 other articles.