Azernews.Az

The open court hearing in the criminal cases against citizens of the Republic of Armenia — Arayik Harutyunyan, Arkadi Gukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan and others — who are accused of committing crimes against peace and humanity, war crimes, including the planning and waging of an aggressive war, genocide, violations of the laws and customs of war, as well as terrorism, financing of terrorism, forcible seizure of power, forcible retention of power and numerous other crimes in connection with Armenia’s military aggression against Azerbaijan, continued on October 6.

Azernews reports that at the hearing held at the Baku Military Court before a panel presided over by Judge Zeynal Agayev, with Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova) as members, each of the accused was provided with an interpreter in the language they understood and with lawyers for their defense.

Present at the hearing were the accused persons, their defense counsel, some of the injured parties, their legal heirs and representatives, as well as the prosecutors representing the state prosecution.

The court proceedings continued with the reading aloud of the case file documents.

First, documents concerning the rocket strikes on the city of Ganja during the 44-day Patriotic War in 2020 were read out.

The documents examined state that the Armenian armed forces grossly violated the ceasefire regime and norms of international law, including the provisions of the Geneva Conventions of August 12, 1949 concerning the protection of civilians during armed conflicts, and on October 4, 5, 8, 11 and 17, 2020 struck residential areas, non-military civilian facilities and the civilian population in the city of Ganja, which is located away from the front line, with rockets of the 9K58 “Smerch” (BM-30) and 9K72 “Elbrus” types.

Thus, the Armenian armed forces committed acts of terrorism and other crimes that resulted in large-scale destruction not justified by military necessity, caused injuries and deaths among civilians, and in particular the destruction of civilian property in significant quantities.

During the preliminary investigation, for each of the incidents in question on-site inspections were carried out; the bodies of the deceased were examined by a forensic medical expert and the expert opinions were included in the case materials; forensic medical examinations of the injuries of the wounded persons were obtained and attached to the case file; the legal heirs of the deceased victims were identified and interviewed; decisions recognizing injured persons as victims and their subsequent questioning in the case were ensured; as well as witness questioning and other investigative actions were carried out.

The documents state that as a result of the rocket attacks on the city of Ganja on October 4, 5, 8, 11 and 17, 2020, 26 civilians were intentionally killed and 175 people sustained bodily injuries of various degrees.

Of the 26 deceased, 10 were men, 10 were women and 6 were persons under the age of majority. Of the 175 injured persons, 61 were men, 66 were women and 48 were minors.

A large amount of damage was inflicted on civilian infrastructure facilities located in the city, on vehicles, residential houses and other buildings.

According to the documents, based on the protocol of the initial on-site inspection dated October 11, 2020, it was determined that the Armenian armed forces struck Ganja using a ballistic missile.

Investigations established that the explosion occurred as a result of the detonation of an operational-tactical missile of the 9K72 “Elbrus” type — produced in the USSR after 1978 and designated in NATO classification as “SS-1c Scud B.”

It is most likely that the missile was launched from a distance of up to 275 km, from the settlement of Vardenis in Armenia, towards Ganja. The R-17 single-stage liquid-propellant ballistic trajectory missile was produced in the former USSR and its production was discontinued in 1987.

Because missiles of this type belong to operational-tactical weapon systems that are strategic means for the armed forces of the former USSR and also the armed forces of CIS states, the right to employ them belongs to the head of the relevant state and, with his consent, to the defense minister.

When such missiles are used not against precise military targets but against residential areas and civilian infrastructure, they result in severe consequences — namely, mass human casualties and large-scale destruction.

After this, the accused David Manukyan addressed the court, stating that issuing an “order” to deploy the missile systems shown and to use them was not within the powers of the “leadership and army” of the fictitious regime.

Judge Zeynal Agayev stated that at the current stage the process of reading out the documents is underway. After the reading of documents is completed, the defense will be given an opportunity to express its position.

Then the lawyer of the accused Arayik Harutyunyan requested in court that copies of the documents examined in the hearing be provided.

Presiding Judge Zeynal Agayev stated that copies of the documents would be provided.

Thereafter, documents were read concerning the facts of rocket fire at the territories of the districts of Goygol, Tovuz, Dashkasan, Samukh, Siyazan, Kurdamir, Gabala, as well as the city of Mingachevir and the Goygol National Park during the 44-day Patriotic War.

Then the lawyer of the accused Levon Mnatsakanyan filed a motion for a confidential meeting with the person he defends.

Judge Zeynal Agayev granted the motion and a recess in the court was announced.

After the recess, the hearing continued with the reading of documents.

One of the documents read out concerned rocket attacks on the city of Barda by the Armenian armed forces during the 44-day Patriotic War, carried out from locations outside the war zone.

The documents examined state that as a result of rocket attacks on Barda at different times during the Patriotic War, 29 people — including children, women and elderly persons — were intentionally killed and 112 were injured; a large amount of damage was inflicted on civilian infrastructure facilities located in the city, on vehicles, residential houses and other buildings.

The review of the documents was accompanied by photographs related to the criminal cases.

The court proceedings will continue on October 9.

It should be noted that under the criminal case regarding numerous criminal acts committed during the course of the aggressive war carried out by the Republic of Armenia state, its state bodies and officials, its armed forces and illegal armed groups — on the basis of direct leadership and participation, verbal and written orders, instructions and directives issued, material, technical and personnel support provided, centralized management and under strict control — aimed at the military aggression against the territory of Azerbaijan and contrary to domestic and international legal norms, and carried out with the direct and indirect participation and leadership of, among others, Robert Sedraki Kocharyan, Serj Azat Sarkisyan, Vazgen Mikaeli Manukyan, Vazgen Zaven Sarkisyan, Samvel Andranik Babayan, Vitali Mikaeli Balasanyan, Zori Hayk Balayan, Seyran Musheghi Ohanyan, Arshavir Surenovich Gharamyan, Monte Charles Melkonyan and others — 15 accused persons are charged.

Those persons — namely Harutyunyan Arayik Vladimiri, Gukasyan Arkadi Arshaviri, Sahakyan Bako Sahaki, Ishkhanyan Davit Rubeni, Manukyan David Azatini, Babayan David Klimi, Mnatsakanyan Levon Henrikovich, Beglaryan Vasili Ivani, Gazaryan Erik Roberti, Allahverdiian Davit Nelsoni, Stepanyan Gurgen Homeri, Balayan Levon Romiki, Babayan Madat Arakelovich, Martirosyan Garik Grigori, Pashayan Melikset Vladimiri — are charged under Articles of the Criminal Code of the Republic of Azerbaijan: 100 (planning, preparing, initiating and waging an aggressive war), 102 (attacks on persons or organizations enjoying international protection), 103 (genocide), 105 (extermination of the population), 106 (slavery), 107 (deportation or forcible transfer of population), 109 (persecution), 110 (forcible disappearance of persons), 112 (unlawful deprivation of liberty contrary to norms of international law), 113 (torture), 114 (mercenarism), 115 (violation of the laws and customs of war), 116 (violation of international humanitarian law norms during armed conflict), 118 (military robbery), 120 (intentional killing), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing of terrorism), 218 (creation of a criminal organization), 228 (illicit procurement, transfer, sale, storage, carriage and possession of weapons, their constituent parts, ammunition, explosive substances and devices), 270-1 (acts endangering aviation security), 277 (assassination of a state or public official), 278 (forcible seizure and retention of power, forcible change of the constitutional order), 279 (creation of armed formations and groups not envisaged by law), and other articles.