Baku, November 7, AZERTAC

The open court hearing on the criminal cases against citizens of the Republic of Armenia—Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others—accused of crimes against peace and humanity, war crimes (including planning and waging an 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 resulting from Armenia’s military aggression against Azerbaijan, continued on November 7.

The session at Baku Military Court—presided by Judge Zeynal Aghayev, with Judges Jamal Ramazanov and Anar Rzayev (reserve Judge Gunel Samadova)—provided each accused with interpreters in their native language and legal representation.

Participants included the accused, their defenders, some victims and their legal heirs or representatives, and state prosecutors.

The trial continued with indictment speech of the prosecutors.

Tugay Rahimli, Assistant Prosecutor General for Special Assignments, presented documents and evidence against the accused, Davit Klimi Babayan, at the court hearing.

It was stated that David Babayan joined the so-called organization in 1998, during the war of aggression unleashed by Armenia, and served in various "positions" until 2023. This is confirmed both by his own testimony and by documents related to him, examined during the judicial investigation.

The factual circumstances of the case, numerous pieces of evidence examined during the trial, including documents and materials directly related to the accused, as well as the testimony of the accused, indicate that although D. Babayan did not directly take up arms and did not involve in military operations, he was directly involved in the formation and implementation of the ideology of the criminal organization and the policies of the so-called organization.

He was aware of the crimes committed for the purposes of the criminal organization and, while he had the opportunity, he failed to take measures to prevent them. Instead, by inciting hatred and enmity, he created the basis for the commission of further crimes. Thus, he indirectly involved in the commission of crimes that occurred during the specified period.

It was emphasized that D. Babayan, in his interviews and social media posts, expressed opinions justifying the actions of the criminal organization, calling for the continuation of the occupation and even "emphasizing the need to occupy new territories of the Republic of Azerbaijan."

It was mentioned that D. Babayan served as a political justifier and ideological propagandist for military plans.

The prosecution stated that, as established by the Nuremberg precedent of the International Military Tribunal, aggressive war entails criminal liability not only for those who take up arms but also for those who plan it, attempt to legitimize it, and bring it to the attention of the international community.

Thus, D. Babayan, by intentionally and directly participating in the preparation, organization, conduct, and legitimization of aggressive war, indirectly involved in the commission of war crimes, crimes against peace and humanity.

State prosecutor Tarana Mammadova highlighted the key details of the charges brought against the accused Ishkhanyan Davit Rubeni during the court investigation.

It was noted that D.Ishkhanyan joined the criminal organization operating under the Armenian military-political leadership in 1989. Starting from 1989, he has been an active member of the "Dashnaksutyun" party, which has spread ideas of national hostility against Azerbaijanis and thereby national and ethnic hatred. He also served as a battalion commander, a "deputy" of the illegal regime, "speaker of parliament," and in other "positions."

The prosecutor stated that D. Ishkhanyan, a member of the criminal organization, involved in the occupation of the sovereign territories of the Republic of Azerbaijan by Armenia, prevented the return of displaced persons to their places of residence, as well as committed such crimes as ethnic cleansing, deliberate killings of people, taking prisoners and hostages, enforced disappearance, mass extermination of the population, terrorist acts, and torture crimes in 1989-2023.

Subsequently, state prosecutor Fuad Musayev announced the key details of the charges brought against the accused Babayan Madat Arakelovich during the court investigation.

According to the state prosecutor, the accused joined a criminal organization to take part in the criminal activity against the territorial integrity of the Republic of Azerbaijan and change the balance of power in favor of the occupant forces on the illegally established line of contact in the formerly occupied sovereign territories of the Republic of Azerbaijan. Madat Babayan’s testimonies also confirmed his direct involvement in the Khojaly massacre committed by Armenia, along with Vamik Petrosyan, Shirin Shirinyan, Arkadi Shirinyan - the members of the criminal organization, and other individuals. He callously confirmed these horrific acts, during the on-site verification of his testimony through video recording and during the court interrogation.

Thus, the evidence examined during the court investigation fully confirmed that M. Babayan, a member of the criminal organization, in compliance with the general intention and ideology of the criminal organization, was involved in an aggressive war waged by Armenia against the Republic of Azerbaijan, as well as expulsion and displacement of the Azerbaijani population from their legal places of residence, ethnic cleansing, persecution, infliction of physical pain, mental suffering and torture on Azerbaijanis, their killing, attacks on the residential areas and unprotected territories of the Republic of Azerbaijan, commitment of terrorist acts, forcible seizure of power and its forcible retention through receiving instructions from a unified command and executing illegal orders.

Announcing key details of the charges brought against the accused Pashayan Melikset Vladimiri during the court investigation, state prosecutor Fuad Musayev noted that the accused was involved in committing crimes against Azerbaijan in 1992-1995, in September-November 2020, and in May-September 2023. The accused fought in the Azerbaijani sovereign territories in the ranks of the military unit number 31, under the command of Vitaly Balasayan.

M. Pashayan bears responsibility for the crimes committed during the aggressive war waged by Armenia, making out a common criminal intent, that is, actively participating in activities aimed at displacing Azerbaijanis, occupying the territory where they legally reside, and annexing it to Armenia.

Prosecutor Fuad Musayev proceeded with announcing the key details of the charges brought against the accused Martirosyan Garik Grigori during the court investigation.

The details revealed that G.Martirosyan, a member of the criminal organization, carrying a common criminal intent, bears responsibility for grave and especially grave crimes against Azerbaijanis committed during the aggressive war and occupation waged by Armenia, including the active involvement in expelling Azerbaijanis, carrying out ethnic cleansing, and annexing the territory where they were legally resided to Armenia.

Subsequently, the court heard the announcement of key details of charges brought against the accused Allahverdiyan Davit Nelsoni during the court investigation.

Prosecutor Fuad Musayev, defending the state prosecution, noted that the accused involve in criminal acts in 2006-2008, September-November 2020, and January-September 2023. It has been irrefutably proven that D. Allahverdiyan opened gunfire on Azerbaijani military personnel in the interests of a criminal organization, resisted Azerbaijani military personnel involved in eliminating the consequences of crimes committed by Armenia, was on combat duty to prevent the detection and clearance of mines by the Armed Forces of the Republic of Azerbaijan during his military service, and, if the aforementioned fact was discovered, was equipped with all types of weapons and ammunition for firing, continued to carry out his criminal intent, and involved in the commission of other crimes.

Prosecutor Vusal Abdullayev, defending the state prosecution, brought the necessary details of the charges brought against Balayan Levon Romikovich during the trial. It was noted that the accused was involved in offensive operations, defending captured positions, and planning an aggressive war, which was initiated by transmitting information collected on the location and movements of the Armed Forces of the Republic of Azerbaijan to the leaders of the criminal organization, in accordance with the plan and instructions developed by the leaders of the criminal organization, with the goal of occupying and holding the territory of the Republic of Azerbaijan by Armenia, as well as preparing new plans for attack.

He also performed numerous criminal functions, providing direct fire support to weaken the Armed Forces of the Republic of Azerbaijan in combat operations, ensuring the advancement of occupation forces along the front to expand the occupation map, defending military positions, creating illegal fortifications in the occupied sovereign territories of the Republic of Azerbaijan, laying mines around them, and performing numerous other criminal functions. He was involved in criminal acts committed in 1995-1998, as well as from September 27 to November 10, 2020.

During the investigation conducted in court in the case of Vasily Ivani Beglaryan, Prosecutor Vusal Abdullayev, defending the state prosecution, having presented the necessary details of the charges against him, stated that the accused in the involvement in committing criminal acts in the territories of the Republic of Azerbaijan in 2012-2013, as well as from September 2022 to the end of September 2023. Despite his active participation in the Armenian army in the Aghdara district, his criminal activities directly contributed to the crimes committed by other members and leaders of the criminal organization in other territories of the Republic of Azerbaijan.

Prosecutor Vusal Abdullayev, representing the state prosecution, briefed those present during the trial on the necessary details of the charges brought against Gurgen Homeri Stepanyan.

It was stated that from 2005 to 2007, he "served" on the front lines in the Fuzuli district as part of the largest military unit of the Armenian Armed Forces. He then joined and operated as part of an illegal armed group (IAG) led by Edo Robertovich Musayelyan, a structural unit of a criminal group stationed in the Khojaly district.

It was noted that the evidence examined during the trial fully confirms the charges brought against G. Stepanyan during the preliminary investigation.

During the court hearing of Erik Roberti's case against Kazaryan, Prosecutor Vusal Abdullayev, representing the state prosecution, briefed those present on the necessary details of the charges brought against him and stated that the accused, a citizen of the Republic of Armenia, involved in the criminal acts committed from April 2021 to the end of September 2023.

During the prosecution's presentations, photographs of the defendants in the courtroom were also shown, depicting the crimes of which they are accused.

During the prosecution's presentations, photos of the accused's crimes were displayed in the courtroom.

The trial will continue on November 13.

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.