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Qabil Ashirov

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The open court hearing in the criminal cases 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 a war of aggression, genocide, violations of the laws and customs of war, as well as terrorism, financing of terrorism, violent seizure and retention of power, and numerous other crimes as a result of Armenia’s military aggression against Azerbaijan, continued on 22 December.

Azernews reports that the court hearing at the Baku Military Court was held under the chairmanship of Judge Zeynal Agayev, with judges Jamal Ramazanov and Anar Rzayev, and reserve judge Gunel Samedova. Each of the accused was provided with an interpreter in a language they understand, as well as defence lawyers.

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

Presiding judge Zeynal Agayev stated that the court session was continuing with the final statements of the accused.

It was noted that since a recess had been declared at the previous court session, the accused David Babayan would continue his statement at the current hearing.

In his statement, D. Babayan presented arguments contradicting those put forward by the prosecution and claimed that the accused were innocent. “I do not consider myself guilty under any article,” he said.

He also expressed gratitude to the defence lawyers and interpreters.

The accused Levon Mnatsakanyan stated that he wished to deliver his final statement in Russian, and the court provided him with the opportunity to do so.

The accused said: “Karabakh (referring to the so called regime – ed.) asked Armenia to act as its security guarantor, and from that period all operations along the line of contact were carried out in accordance with plans prepared by the General Staff of the Republic of Armenia (referring to the General Staff of the Armed Forces – ed.). During the court hearings, I stated that I was conscripted into military service in 1992. Taking into account my officer rank, I was appointed deputy commander of a battalion. Nothing else was required to be appointed to this position. However, the prosecution claims that I was appointed according to some other parameters.”

The accused also commented on the prosecution’s allegations regarding the participation of mercenaries on their side during the war, stating: “As far as I know, they were not mercenaries. They were all volunteers. No one recruited them for service, and they were not paid.”

L. Mnatsakanyan also addressed the testimony given against him by victim Ilham Mammadov. It should be recalled that during the court hearing held on 2 October, I. Mammadov stated that he had been beaten and tortured by servicemen of the Armenian armed forces and that among the officers who beat him, an officer named Levon had displayed particular cruelty. In response to questions from the state prosecutors, the victim identified L. Mnatsakanyan as the person who had acted with cruelty. The accused claimed that I. Mammadov had not been subjected to torture.

He also denied the prosecution’s allegations regarding his participation in the planning of a military attack in Shushakend during the forty four day war in 2020, stating that he did not take part in any military operations in either 2020 or 2023. The accused said: “Yes, I was indeed there, at the school where the meeting was held. However, I arrived very late, after the meeting had already started. I had no involvement in that meeting. I was not invited. In the office at that school, I was discussing civil defence issues with the heads of civil defence headquarters of the surrounding villages. We were talking about the evacuation of the population. They came there and asked for a room to hold a two hour meeting. The chairperson provided them with that office. In other words, he gave them the office that I was using while I was absent. When I arrived, the meeting was already under way. I entered the room and sat aside with Artur Aghabekyan. This was simply a coincidence.

From the meeting, it became clear to me that three reserve battalions, one tank battalion, and one artillery division had been prepared for combat. As a result of that operation, the road was to be blocked, where supply operations were being carried out and the military was being provided with logistics. The person responsible for the armed forces preparing the attack on Shusha was Samvel Babayan. They discussed all the issues, determined the time of the operation, and left. The time was set for five o’clock the next day. After the organisers left, the participants began to express dissatisfaction, saying that the preparatory work had not been fully completed, that they were not fully ready, and that they had not been given time to prepare properly for the operation, for which reason they refused to participate. I asked why they were saying this now and why they had not said it during the meeting. I did not receive an answer and did not interfere in their work. I thought that it was their own matter.”

Speaking about the April clashes that took place in 2016, the accused stated that at that time he was the “army commander” (referring to the commander of the largest formation of the Armenian armed forces – ed.). He denied the prosecution’s evidence and the statements of victims regarding the April clashes, stating that they did not attack the positions of Azerbaijani servicemen.

The court proceedings will continue on 23 December.

It should be noted that 15 defendants are accused in the criminal case concerning numerous crimes committed during the course of an aggressive war waged against Azerbaijan by the Armenian state and the said criminal organisation. These crimes were committed through the direct leadership and participation of officials of the Armenian state, its state bodies, armed forces, and illegal armed formations, based on verbal and written orders, instructions and directives, material, technical and personnel support, centralised command and strict control, in violation of domestic and international legal norms. The aggressive war was carried out under the leadership and with the direct and indirect participation of 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 Karamyan, Monte Charles Melkonian and others.

Those persons, namely Arayik Vladimiri Harutyunyan, Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Davit Rubeni Ishkhanyan, David Azatini Manukyan, David 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, and Melikset Vladimiri Pashayan are charged under Articles 100 (planning, preparation, initiation and conduct of a war of aggression), 102 (attack against persons or organisations enjoying international protection), 103 (genocide), 105 (extermination of the population), 106 (slavery), 107 (deportation or forcible transfer of population), 109 (persecution), 110 (enforced disappearance of persons), 112 (unlawful deprivation of liberty contrary to international law), 113 (torture), 114 (mercenarism), 115 (violation of the laws and customs of war), 116 (violation of international humanitarian law during an armed conflict), 118 (military plunder), 120 (intentional murder), 192 (illegal entrepreneurship), 214 (terrorism), 214 1 (financing of terrorism), 218 (establishing a criminal organisation), 228 (illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, their components, ammunition, explosive substances and devices), 270 1 (acts creating a threat to aviation safety), 277 (attempt on the life of a state or public figure), 278 (violent seizure and retention of power and violent change of the constitutional order of the state), 279 (creation of armed formations and groups not предусмотренные by legislation), and other articles of the Criminal Code of the Republic of Azerbaijan.