A review session of 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 February 18.
The hearings presided over by Judge Zeynal Aghayev and a panel consisting of Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova), were held at the Baku Military Court. Each of the accused was provided with an interpreter into the language of their choice, as well as defense attorneys.
The hearings were joined by some of the victims, their legal successors and representatives, prosecutors in charge of public prosecution, as well as the Head of the Cabinet of Ministers Executive Office, Rufat Mammadov, who represented the victim side on behalf of the state of Azerbaijan.
The hearings saw the announcement of the indictment with regard to the Armenian state, the direct leadership and participation of its state bodies, military forces and illegal armed formations, the verbal and written instructions, orders and assignments, the provision of material and technical support, the 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, under the leadership and with direct and indirect participation of Armenian state, as well as 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 episodes related to individual criminal acts committed during the course of the war of aggression waged by the aforementioned criminal group, as well as the amount of material damage inflicted on the military arsenal and civilian infrastructure of the Republic of Azerbaijan.
Public prosecutors Fuad Musayev and Vusal Abdullayev read out the part of the indictment related to individual criminal acts committed during the war of aggression and the role of the accused in those crimes.
It was noted that from 1988 to 2024, a total of 18,850 individuals were deliberately killed, including 3,493 civilians and 15,357 military personnel. In addition, attempts were made to deliberately kill 56,268 individuals, including 4,435 civilians and 51,803 military personnel, by causing them bodily harm of varying degree of severity.
Then public prosecutor Tarana Mammadova listed several criminal acts committed during the war of aggression.
It was noted that starting from February 1988, at least 17 teachers and at least 17 Azerbaijani students receiving higher education at Khankendi Pedagogical Institute in the city of Khankendi were forcibly expelled en masse from the institute solely because of their Azerbaijani origin.
On February 20, 1988, just one day after the decision to transfer the Nagorno-Karabakh Autonomous Region from the Azerbaijan SSR to the Armenian SSR was made and communicated to the Supreme Council of the USSR, on February 21, 1988, as a result of continuous gunfire, a civilian resident of Khankendi, Ahmad Bahman oglu Ahmadov, sustained a gunshot wound on the territory of Asgaran district.
On July 9, 1988, based on information received by the police, weapons and explosive devices, as well as hand grenades manufactured by artisanal methods and using various devices in March and April of that year, were discovered and seized at the Condenser Plant in the city of Khankendi.
On September 20, 1988, as a result of an attack on the village of Guneshli in Khojavand district using firearms and rifles, a resident of that village, Mahammadali Gahraman oglu Balakishiyev, was deliberately killed.
During September 1988, the head of the repair and construction department of the Karabakh Silk Enterprise, Slavik Jalalovich Ayrapetyan, the secretary of the party committee of the enterprise, Robert Sedraki Kocharyan, its chief engineer Vladimir Semenovich Simonyan, the chairperson of the factory’s trade union, Bella Surenovna Mesropyan and others, prevented Azerbaijani nationals working at the Karabakh Silk Enterprise from accessing their workplace using threats, thereby depriving them of their labor rights en masse.
At around 11:00 on June 15, 1992, the head of “215 KL” studio of the Azerbaijan State Television, Chingiz Fuad oglu Mustafayev, who had been commissioned to the village of Nakhchivanli in Khojali district in order to document the numerous crimes committed by the armed forces of the Republic of Armenia and convey them to the international community, was deliberately killed after he was hit by shrapnel from a mortar shell that exploded nearby while he was filming.
On July 4, 2017, armored vehicles opened fire on unprotected areas, settlements and civilians in Alkhanli village of Fuzuli district. As a result of an “OG-9M” 73mm fragmentation grenade landing in the territory of the Alkhanli village and exploding, civilian residents of the village Sahiba Idris gizi Allahverdiyeva and Zahra Elnur gizi Guliyeva, a minor born in 2016, were deliberately killed after receiving fatal bodily harm.
On July 14, 2020, large-caliber artillery fire was opened from positions located in Movses village of Berd district of Tavush region of the Republic of Armenia and a captured combat position called “Interim post” at a shelter built near a combat post of an unnamed military unit of the Ministry of Defense in Aghdam village of Tovuz district. As a result of a shell landing in the shelter and exploding, Maj-Gen Polad Israyil oglu Hashimov, Col Ilgar Anzor oglu Mirzayev, Maj Namig Hajan oglu Ahmadov, Maj Anar Gulverdi oglu Novruzov, and Ensign Yashar Vasif oglu Babayev were deliberately killed.
On October 2, 2020, as a result of a sustained fire from positions in the occupied Aghdara, Aghdam districts and other territories using Grad (“BM-21”) multiple launch rocket systems and other large-caliber weapons at densely populated areas of Tartar district where no military operations were conducted or military facilities were located, one of the shells landed on a highway in front of the office building of Tartar district prosecutor's office and exploded, causing serious injuries to Ozal Mubariz oglu Hasanov, a member of a team established to investigate crimes committed by Armenian armed forces and a senior investigator of the Sumgayit city prosecutor's office seconded to Tartar district prosecutor's office.
Speaking next, the Senior Assistant to the Prosecutor General, Vusal Aliyev, announced that from the early 1990s to September 20, 2023, as a result of armed attacks using various large and small-caliber weapons, ammunition, artillery installations and rockets, military property of the defense arsenal of the Azerbaijani Armed Forces worth more than 908 million manats was destroyed, rendered unusable or seized.
In the time period between early 2001 and end of May 2021, “Iskander-M” operational and tactical ballistic missile, “Tochka-U” tactical missile complex, “9K33 OSA” self-propelled anti-aircraft missile complex, “S-8” unguided aircraft missile, “Smerch”, “TOS-1A Solntsepek” systems, “Igla-S” anti-aircraft missile complexes, “Konkurs” and “Cornet” anti-tank guided missiles, “RPG-26” grenade launchers and other large-caliber firearms, their components, ammunition, explosives and devices were illegally obtained from the Russian Federation, secretly transported to the Republic of Armenia, and from there, as a result of the military aggression of the Republic of Armenia, were illegally deployed in the previously occupied territories of the Republic of Azerbaijan and used in the war of aggression against Azerbaijan.
In addition, as a result of the war of aggression, material damage to civilian infrastructure amounting to more than 5.2 billion manats was caused during the First Karabakh War and subsequent periods, as well as during the Second Karabakh War.
As a result of the war of aggression, material damage to civilian infrastructure, economy, ecology, defense arsenal and other areas of the Republic of Azerbaijan amounted to more than 100 billion manats.
In conclusion, the Assistant to the Prosecutor General for Special Assignments, Tugay Rahimli, read out the relevant articles of the Criminal Code under which the accused Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Arayik Vladimiri Harutyunyan, Davit Rubeni Ishkhanyan, Davit Klimi Babayan, Lyova Henrikh Mnatsakanyan, Davit Azati Manukyan, Madat Arakeli Babayan, Melikset Vladimiri Pashayan, Garik Grigori Martirosyan, Levon Romiki Balayan, Gurgen Homerosi Stepanyan, Vasily Ivani Beglaryan, Erik Roberti Ghazaryan and Davit Nelsoni Allahverdiyan are charged.
Thus, the announcement of the concluding part of the indictment in the case was completed.
Then, presiding judge Zeynal Aghayev explained the essence of each charge brought against the accused Arayik Harutyunyan and Arkady Ghukasyan, the legal classification of the acts they have been charged with, the punishment provided for by the criminal law for those acts, and the rights of the accused, as well as asked questions about whether they plead guilty to these charges.
Arayik Harutyunyan and Arkady Ghukasyan appealed to the court, stating that they wanted to have a confidential meeting with their defense attorneys, after which they would answer the question.
The next court session is scheduled for February 20.
The next court hearing will continue with informing each of the accused of the nature of each charge brought against them, the legal classification of the acts they are charged with, and the punishment provided for by criminal law for those acts, as well as the clarification of questions about whether they plead guilty to the charges brought against them.
15 people, including 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, were 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.
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