Trial of persons charged with numerous crimes against the Azerbaijani people continues

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, Report informs.

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 persons and their defense attorneys, some of the victims, their legal successors and representatives, as well as prosecutors in charge of public prosecution.

During the court session, the presiding judge, when starting the questioning, suggested that each of the accused persons give testimony about the charges brought against them and other circumstances that are significant for a comprehensive, complete and objective examination of those charges.

At the court hearing today, the accused persons Lyova Mnatsakanyan, Arayik Harutyunyan, Erik Ghazaryan and Vasili Beglaryan gave their testimonies freely.

The accused person, who gave a free statement, Lyova Mnatsakanyan confirmed his participation in the war against Azerbaijan as part of the Armenian regular army.

He said that a secret decision was made on 20.09.2020, and he was unaware of that decision: "I participated in the war against Azerbaijan as part of the Armenian regular army. Besides this, I don't want to say what the order was about, you all know this. Generally, after I was discharged from military service, I have no contact with the army. Due to family and other reasons, I didn't want to. Additionally, we were forbidden to establish any contacts with the army. Specifically, the Prime Minister of the Republic of Armenia had forbidden us to talk to anyone or to be in contact with anyone."

Mnaksakanyan also talked about the April 2016 battles and stated that Armenia provided weapons to the so-called regime: "There was no need for my involvement in the 2016 operations. If there had been, I would have naturally been involved. We had many tactical, reconnaissance weapons and radio electronic devices that were also available in Armenia, and we received those weapons from Armenia. Finally, I want to note that if the higher command gives us something, we need to allocate staff positions for it and recruit personnel."

After that, the accused Arayik Harutyunyan gave a free statement. He talked about what happened during the 44-day war: "In June 2020, I asked Pashinyan [Nikol Pashinyan, Armenian Prime Minister] to familiarize us with the negotiation process. In June 2020, we had a joint Security Council meeting in Yerevan. This was an open meeting for everyone. During the meeting, Armenia's then-foreign minister familiarized us with the negotiation process. It was clear that this process had reached a deadlock. At this meeting, the heads of Armenia's defense structures informed us about the situation in the army. It became clear that Armenia was not ready for war. Certain resources are needed to wage war. Thus, food, weapon resources, and financial resources were needed. It turned out that Armenia did not have this capability. I briefly expressed my opinion there. I stated that during the war, the outcome would depend on our resources. Because any war is a war of resources.

Then, in July, as you know better, shootings occurred in Tovuz. I had no idea what was happening there. I only know what was shown on TV. Since I was a new person, I needed to get acquainted with the ‘army’ and know what was happening on the contact line. In the summer of 2020, I started touring and getting familiar with the frontline and the ‘army’. I published several articles on my Facebook page and on the ‘leadership's website’. All information related to the ‘army’ was provided to us by the ‘press service’. And they were published on my page. Yes, I had such statements and speeches there that I now regret having made them.”

Harutyunyan admitted that in the summer of that year and at the end of June, he observed the exercises of the "Karabakh army" led by Onik Gasparyan, the Chief of General Staff of the Armenian Army, and that decisions about striking deep into Azerbaijan were made in Armenia: "The exercises were led by Onik Gasparyan, the Chief of General Staff of the Armenian Army. This wasn't a secret process; it was something that happened in front of everyone's eyes. At the end of summer, Nikol Pashinyan came to Karabakh. I accompanied him up to the 'army units.' He familiarized himself with the situation. I heard and saw what was happening in the 'armed forces.' I hadn't received any information from the 'Karabakh Defense Committee.' I was never given any information about the situation. I had no authority over the 'army.' You know this too. It's written in the indictment as well. It has been repeatedly noted in the Armenian press that Armenia bears responsibility for the security of Armenians in Karabakh. The Armenian armed forces, including the 'Karabakh Defense Army,' were part of it. Therefore, Armenia bears responsibility for security-related issues.

On September 27, as you know, a large-scale war began. According to the ‘Laws of Karabakh,’ we had to declare martial law, and we did. The ‘parliament’ was informed that the war had started. The ‘Karabakh Army’ leadership announced the ‘military service call-up.’ It was clear to me what the outcome would be. From the first days, my conversation with Pashinyan was about when the war would stop. Regularly, almost every day, I met with MPs. Almost every day, I met with Bako Sahakyan and Arkadi Ghukasyan. The topic was about stopping the war even a minute earlier. On October 2, I made a statement that I had no authority in the ‘army’ and it would be better if I joined the ranks as a soldier. I left my post, my office, and went to the front line. Of course, I couldn't be at the front line because military operations were ongoing there, but I met with soldiers in the rear. I didn't want to return. I knew what would happen. However, at the insistence of my colleagues and friends, I returned. That day, a decision was made to strike military facilities deep within Azerbaijan. With rockets or artillery installations. The main political-military vertical started from the ‘chief of staff’ of the ‘Karabakh defense army,’ from top to bottom.

From Levon Mnatsakanyan's earlier statements, it became clear to me that the investigation knows what authority he had and what he could do. I didn't know who had what authorities, which weapons should be used, would be used, and so on. When I asked Onik Gasparyan if these decisions were justified, he told me that yes, Azerbaijan's airports are our main targets and we must destroy those targets. It was said that an impression should be created, we should make it appear as if these strikes were being carried out from Karabakh.”

Harutyunyan stated that he wanted to send a letter to Azerbaijani President Ilham Aliyev, but Armenian Prime Minister Nikol Pashinyan did not allow him to do so.

"On the evening of October 18, we had our last meeting with Bako Sahakyan and Arkadi Ghukasyan. I called Nikol Pashinyan and said that I was ready to write a letter to the President of Azerbaijan about stopping the war, and Bako and Arkadi would join if needed. The essence of the letter was simply to stop the war. The content of the letter we wrote to Pashinyan was to stop the war in any way possible and indicate that this was the wish of the Armenian residents. The fact was that there wasn't a unified opinion in Armenia. Therefore, I said that referring to us, the war needs to be stopped. We were even ready to be the so-called culprits later, but human lives needed to be protected. Pashinyan held several meetings, met with the opposition, basically met with everyone. At the end of October 19, he called me back and said that the war continues. I don't want to go into details. The worst part was that the war continued."

Harutunyan admitted that the "commander" of the "Karabakh Defense Army" was subordinate to the Chief of 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. For decades, the 'Karabakh army’ did not function as a separate army. Criminal proceedings have been initiated in Armenia against the commander of the ‘Karabakh army’. If they were subordinate to me, criminal proceedings against him would have been initiated in Karabakh," he said.

After that, the accused Erik Gazaryan, giving his free testimony, stated that he did not kill anyone and surrendered because he did not want to shoot at an Azerbaijani soldier.

Later, the accused Vasili Beglaryan, giving his free testimony, noted that he did not plead guilty to the announced charges.

The next court hearing is scheduled for March 6. The hearing will be continued with free statements of the accused.

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.

11:46

Another court session is taking place for Armenians accused of war crimes.

According to Report, the trial is being held at the Baku Judicial Complex under the chairmanship of Judge Zeynal Aghayev of the Baku Military Court.

Charges have been brought against 15 individuals: Arkady Gukasyan, Araik Arutyunyan, Bako Saakyan, David Ishkhanyan, David Babayan, Leva Mnatsakanyan, David Manukyan, Garik Martirosyan, Melikset Pashayan, Davit Allahverdyan, Gurgen Stepanian, Levon Balayan, Madat Babayan, Vasily Beglaryan, and Erik Ghazaryan. According to their participation in the criminal group, the accused face charges under the following articles of the Criminal Code of the Republic of Azerbaijan: 100 (planning and conducting aggressive war), 102 (attacking individuals or organizations under international protection), 103 (genocide), 105 (extermination of population), 106 (slavery), 107 (deportation or forced relocation of population), 109 (persecution), 110 (forcible detention of a person), 112 (deprivation of liberty in violation of international law), 113 (torture), 114 (mercenary activities), 115 (violation of laws and customs of war), 116 (violation of international humanitarian law during armed conflicts), 118 (military looting), 214 (terrorism), 214-1 (financing terrorism), 218 (formation of a criminal community (organization)), 228 (illegal acquisition, transfer, sale, storage, transportation, or possession of weapons, components, ammunition, explosives, and explosive devices), 270-1 (threats to aviation security), 278 (forcible seizure of power or forcible retention of power, forcible change of the constitutional order of the state), and 279 (creation of armed formations or groups not provided for by legislation).