Azernews.Az

As a result of Armenia’s military aggression against Azerbaijan, an open court hearing continued on December 4 in the criminal case against citizens of the Republic of Armenia Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan and others, who are accused of committing crimes against peace and humanity, war crimes, including the preparation and conduct of an aggressive war, genocide, violations of the laws and customs of war, as well as terrorism, financing of terrorism, the forcible seizure and retention of power, and numerous other crimes.

AZERTAC reports that at the hearing held at the Baku Military Court, chaired by Judge Zeynal Agayev with Judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova), each defendant was provided with an interpreter in the language they understood, as well as defense lawyers.

The hearing was attended by the accused, their lawyers, some of the victims, their legal successors and representatives, as well as the prosecutors representing the state prosecution.

The court session continued with statements from the defense lawyers of the accused.

Aqshin Mammadli, counsel for defendant Davit Ishkhanyan, stated that the duty of the court is not only to examine the issues outlined in the indictment, but also to ensure the principles of justice, the rule of law, and the presumption of innocence. He emphasized that, according to existing legislation and the requirements of the Criminal Code, a verdict may be issued only on the basis of indisputable and definitive evidence.

He requested that the court issue an acquittal for Ishkhanyan.

Elchin Amirov, another lawyer for D. Ishkhanyan, also asked the court to issue an acquittal for his client.

Vafa Mehdiyeva, lawyer for defendant Levon Balayan, stated—referring to her client’s testimony—that he served as a soldier from 1995 to 1998 in military units located in Shusha, Khankendi, and Khojaly, though he did not recall the unit numbers. During this time, he was assigned an “AKS-74” automatic rifle.

She argued that her client’s actions did not contain the elements of a crime and asked the court to acquit him.

Balayan’s other lawyer, Saqi Mammadov, likewise requested an acquittal.

Nizami Aliyev, lawyer for defendant Davit Allahverdyan, said that his client did not consider himself guilty of the charges brought against him. He stated that the evidence presented against Allahverdyan was unfounded and unreliable. He requested an acquittal.

Allahverdyan’s other lawyer, Elmaddin Mammadov, agreed with the views expressed by his colleague.

Natiq Mustafayev, lawyer for defendant Erik Ghazaryan, stated that his client did not consider himself guilty and had voluntarily surrendered to the Azerbaijani Armed Forces after handing over his weapon. He requested an acquittal for Ghazaryan.

Elnaz Samedova, lawyer for Melikset Pashayan, said that her client had not taken part in any active combat. The charges against him were unsubstantiated, she said, and therefore he should be acquitted. She requested that the court issue an acquittal for Pashayan.

The lawyers for defendant Levon Mnatsakanyan, Oqtay Madatov and Khayyam Asgarov, stated that their client did not consider himself guilty, asking the court to issue a fair verdict.

Nigar Mirbabayeva, lawyer for defendant Bako Sahakyan, stated that her client had served in the rear, worked as a civilian, and was responsible for distributing food and clothing and organizing the provision of medicine.

She said he had not participated in planning the aggressive war, nor in operations against civilians, and that his activities were mainly humanitarian.

Mirbabayeva stated that Sahakyan had not exceeded the limits of his lawful duties and had not acted with any criminal intent. “This person is not a criminal, but a living witness of a tragic period,” she said.

According to her, in accordance with Articles 42.2.3 and 42.2.4 of the Criminal Procedure Code of Azerbaijan, the evidence presented by the prosecution was insufficient to prove Sahakyan’s guilt. She argued that since it had been proven that he had no involvement in the crimes he was accused of, an acquittal would be the only fair and lawful decision.

Sahakyan’s other lawyer, Gulara Ismayilova, also requested an acquittal.

Rashadat Akhundov, lawyer for defendant Qarik Martirosyan, said that his client had not pleaded guilty in his testimony. He stated that no evidence had been established linking Martirosyan to a criminal organization. He had served as an ordinary soldier in a “military unit” and later stood guard posts for a monthly payment. The lawyer asked the court to issue a fair verdict.

Cavid Rzazade, lawyer for defendant Arayik Harutyunyan, rejected the charges against his client.

He also addressed the missile attacks on Ganja during the 44-day war in 2020. He stated that the decisions regarding missile strikes on Ganja and other cities were not made by the defendant; the missiles had been fired from the territory of Armenia by order of the Armenian leadership, as demonstrated both by the investigation materials and the established facts of the case.

He emphasized that the “army” of the separatist regime was subordinate to the Armenian armed forces, a fact not disputed by the prosecution, and that long-range missiles had been located in Armenia, not in the formerly occupied territories.

Anar Mammadov, another lawyer for Harutyunyan, also stated that the charges against his client were unproven and asked for an acquittal, saying there was no criminal element in Harutyunyan’s actions.

The trial will continue on December 11.

It should be noted that 15 defendants are charged in the criminal case concerning numerous criminal acts committed during the aggressive war carried out by the Armenian state and the said criminal organization, under the direct leadership, participation, oral and written orders, directives, instructions, material, technical, and personnel support, centralized control, and strict supervision of Armenian state officials, military forces, and illegal armed groups, created with the purpose of committing military aggression against Azerbaijan in violation of domestic and international law on the territory of Azerbaijan.

These individuals—Arayik Vladimiri Harutyunyan, Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Davit Rubeni Ishkhanyan, David Azati Manukyan, David Klimi Babayan, Levon Henrikovich Mnatsakanyan, Vasili Ivani Beglaryan, Erik Roberti Ghazaryan, Davit Nelsoni Allahverdyan, Gurgen Homeri Stepanyan, Levon Romiki Balayan, Madat Arakelovich Babayan, Qarik Grigori Martirosyan, and Melikset Vladimiri Pashayan—are charged under Articles 100 (planning, preparation, initiation and conduct of an aggressive war), 102 (attacks on persons or organizations enjoying international protection), 103 (genocide), 105 (mass killing of the population), 106 (slavery), 107 (deportation or forcible transfer of population), 109 (persecution), 110 (enforced disappearance), 112 (unlawful deprivation of liberty in violation of international law), 113 (torture), 114 (mercenarism), 115 (violation of the laws and customs of war), 116 (violations of international humanitarian law during armed conflict), 118 (pillage), 120 (premeditated murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing of terrorism), 218 (establishment of a criminal organization), 228 (illegal acquisition, possession, transfer, sale, storage, transport and carrying of weapons, ammunition, explosives and devices), 270-1 (acts posing a threat to aviation security), 277 (attempt on the life of a public or state figure), 278 (forcible seizure or retention of power, forcible change of the constitutional order), 279 (creation of armed groups not envisaged by law), and other articles of the Criminal Code of the Republic of Azerbaijan.