Baku, March 3, AZERTAC

Court hearings on the criminal case against citizens of the Republic of Armenia Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, Davit Babayan, Lyova Mnatsakanyan and others, who are accused of committing crimes against peace and humanity, war crimes, including the preparation and conduct of a war of aggression, acts of genocide, violation of the laws and customs of warfare, as well as terrorism, financing of terrorism, forcible seizure of power, forcible retention of power and numerous other crimes as a result of Armenia's military aggression, was continued on March 3.

The hearings held at the Baku Military Court were presided over by Judge Zeynal Aghayev and a panel consisting of Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova). Each of the accused was provided with an interpreter into the language of their choice, as well as defense attorneys.

Present at the hearings were the accused and their defense attorneys, some of the victims, their legal successors and representatives, as well as prosecutors in charge of public prosecution.

When starting the questioning, the presiding judge offered each of the accused the opportunity to make a statement on the charges brought against them and other circumstances important for a comprehensive, complete and objective consideration of the charges.

The court session saw free testimony from the accused Lyova Mnaksakanyan, Arayik Harutyunyan, Erik Ghazaryan and Vasili Beglaryan.

In his testimony, the accused Lyova Mnaksakanyan confirmed his participation in the war against Azerbaijan as part of the Armenian regular army. He said that a secret decision had been made on 20 September 2020 of which he was unaware. He said, “I participated in the war against Azerbaijan as part of the Armenian regular army. I don’t want to talk any further as to what the order was about. You all know that. In general, after I was discharged from military service, I didn’t have any contact with the army. I was not interested for family and other reasons. In addition, we were forbidden to maintain any contact with the army. In particular, the Prime Minister of the Republic of Armenia forbade us to talk to or stay in touch with anyone.”

Lyova Mnaksakanyan also spoke about the battles of April 2016, noting that Armenia had provided the self-styled regime with weaponry. “There was no need for me to be involved in the 2016 operations. If there had been, of course, I would have been involved. We had a great deal of tactical, reconnaissance weapons and radio-electronic devices, some of which were available in Armenia. We got those weapons from Armenia. Finally, I want to state that if the high command gives us something, we must allocate staff and attract personnel for that.”

Speaking next was the accused Arayik Harutyunyan. In his free statement, he spoke about what happened in the run-up to the 44-day war. “In June 2020, I asked Pashinyan to familiarize us with the process of negotiations. In June 2020, a meeting of the joint Security Council was held in Yerevan. The meeting was open to everyone. During that meeting, the then Minister of Foreign Affairs of Armenia introduced us to the negotiation process. It was clear that this process was at an impasse. During the meeting, the heads of the Armenian defense agencies familiarized us with the situation in the army. It became clear that Armenia was not ready for war. War requires certain resources. In particular, food, weapons and financial resources were needed. It turned out that Armenia did not have the resources to wage war. I expressed my opinion there quite briefly. I stated that the outcome of the war would hinge on our resources. After all, any war is a war of resources. The potential of Azerbaijan in all areas was many times superior to that of Armenia.

Then, in July, as you know quite well, there were shootings in Tovuz at the time. I had no idea what was happening there. I only know what they showed on TV. Since I was a new person, I had to get acquainted with the situation in the “army” and find out what was going on there on the line of contact. In the summer of 2020, I started to travel to the front line and get acquainted with the “army”. I published several articles on my Facebook page and the “leadership website”. The “press service” provided us with all the information about the “army”. And they were published on my page. And yes, there have been speeches and statements of mine that I now regret that I allowed to happen.”

He stated that he observed the exercises of the “Karabakh army” in the summer and at the end of June of that year, acknowledging that the exercises were led by the Chief of Staff of the Armenian army, Onik Gasparyan, and that the decisions on strikes deep into Azerbaijani territory had been made in Armenia. “The exercises were led by the Chief of Staff of the Armenian army, Onik Gasparyan. And this was not a secret process, but something that was in front of everyone's eyes. At the end of the summer, Nikol Pashinyan arrived in Karabakh. I accompanied him to the “army units”. He got acquainted with the situation. I could see and hear what was happening in the “armed forces”. I had not received any information from the “Karabakh defense committee”. I was never provided with any information about the situation. I had no authority over the “army”. You know this too. This is also written about in the indictment. It has been repeatedly stated in the Armenian media that Armenia is responsible for the security of Armenians in Karabakh. The Armenian armed forces and the “Karabakh defense army” were also part of that. So, Armenia is responsible for security issues.

As you know, on September 27, a large-scale war broke out. In accordance with the “laws of Karabakh”, we had to declare martial law, and so we did. The “parliament” was informed that the war had begun. The “call-up” announced by the leadership of the “Karabakh army” began. It was clear to me what the outcome would be. From the first days, my conversation with Pashinyan boiled down to when the war would stop. I met with members of parliament on a regular basis, almost every day. Almost every day, I met with Bako Sahakyan and Arkadi Ghukasyan. We talked about stopping the war at least a minute earlier. On October 2, I made a statement saying that I had no authority over the “army” and it would be best if I joined the ranks as a soldier. I left my post and went to the front line. Of course, I couldn't be on the front line, because military operations were going on there, but I was meeting with soldiers in the rear. I didn't want to go back. I knew what would happen. But at the insistence of my colleagues and friends, I went back. On that day, the decision was made to strike military facilities deep inside Azerbaijan using rocket or artillery installations. The political and military vertical essentially started with the “chief of staff” of the “Karabakh defense army”, from top down. It is clear to me from the statement given by Levon Mnatsakanyan a little earlier that the investigation is aware of what powers he had and what he could do. I didn't know who had what powers, what weapons should be used, what would be done, and so on. When I asked Onik Gasparyan if these decisions were justified, he told me yes, Azerbaijani airports were our primary targets and we must destroy those targets. It has been ordered that we should create the impression that these strikes are being carried out from Karabakh.”

Arayik Harutyunyan said that he wanted to address a letter to President of Azerbaijan Ilham Aliyev, but Armenian Prime Minister Nikol Pashinyan did not allow him to do that.

“On the evening of October 18, Bako Sahakyan, Arkadi Ghukasyan and I had our last meeting. I called Nikol Pashinyan and said that I was ready to write a letter to the President of Azerbaijan about stopping the war, adding that Bako and Arkadi were ready to join in if necessary. The essence of the letter was simply about stopping the war. The content of the letter we wrote to Pashinyan was that you should stop the war in any way and state that this is the desire of the Armenian people. There was no unified opinion in Armenia, so I said that he could refer to us in asking that the war be stopped. We are ready to allegedly plead guilty afterwards, but human lives must be saved. Pashinyan held several meetings, met with the opposition and almost everyone else. At the end of October 19, he called me back and said that the war would go on. I don’t want to go into further detail, but the worst thing was that the war was going on.”

Arayik Harutunyan admitted that the “commander” of the “Karabakh defense army” reported to the Chief of the General Staff of the Republic of Armenia. “I did not appoint or dismiss the military commander because I did not have the authority to do so. The “Karabakh army” had not functioned as a separate army for decades. A criminal case has been initiated against the commander of the “Karabakh army” in Armenia. If they had reported to me, a criminal case would have been initiated against it in Karabakh,” he said.

The accused Erik Ghazaryan said in his free statement that he did not kill anyone and surrendered because he did not want to fire on Azerbaijani soldiers.

In his free statement, the accused Vasili Beglaryan said he did not plead guilty to the charges brought against him.

The next court hearing is scheduled for March 6. The hearing will continue with free statements of other defendants.

We recall that a total of 15 Armenian nationals are being charged with numerous crimes involving direct leadership and participation of the Armenian state, its state bodies, military forces and illegal armed formations, verbal and written instructions, orders and assignments, provision of material and technical support, central governance, as well as the exercise of rigorous control, with the aim of committing military aggression and acts of terror against the Republic of Azerbaijan in the territory of Azerbaijan in violation of domestic and international law, and involving Robert Sedraki Kocharyan, Serzh Azati Sargsyan, Vazgen Mikaeli Manukyan, Vazgen Zaveni Sargsyan, Samvel Andraniki Babayan, Vitali Mikaeli Balasanyan, Zori Hayki Balayan, Seyran Mushegi Ohanyan, Arshavir Surenovich Garamyan, Monte Charles Melkonyan and others, including criminal acts committed during the course of the war of aggression waged by the aforementioned criminal group.

The said persons, i.e. 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, Melikset Vladimiri Pashayan, are being charged under Articles 100 (planning, preparing, initiating and waging a war of aggression), 102 (attacking persons or organizations enjoying international protection), 103 (genocide), 105 (extermination of the population), 106 (enslaving), 107 (deportation or forced displacement of the population), 109 (persecution), 110 (enforced disappearance of people), 112 (deprivation of liberty contrary to international law), 113 (torture), 114 (mercenary service), 115 (violation of the laws and customs of warfare), 116 (violation of international humanitarian law during armed conflict), 118 (military robbery), 120 (intentional murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing terrorism), 218 (creation of a criminal association (organization)), 228 (illegal acquisition, transfer, sale, storage, transportation and possession of weapons, their components, ammunition, explosives and devices), 270-1 (acts threatening aviation security), 277 (assassination of a state official or public figure), 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state), 279 (creation of armed formations and groups not provided for by law) and other articles of the Criminal Code of the Republic of Azerbaijan.