Azernews.Az

As a result of Armenia’s military aggression against Azerbaijan, an open court hearing on November 27 continued 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 preparing and waging an aggressive war, genocide, violations of the laws and customs of war, as well as terrorism, financing of terrorism, seizure of power by force, its forcible retention, and numerous other crimes.

Azernews reports that at the Baku Military Court, presided over by Judge Zeynal Agayev and composed of judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova), each of the accused was provided with an interpreter in a language they understand, as well as defense lawyers.

The accused persons, their lawyers, some of the victims, their legal successors and representatives, as well as prosecutors representing the state prosecution, participated in the hearing.

The court began hearing the speeches of the defense lawyers of the accused.

At the beginning of her speech, Zumrud Samedova, the lawyer of the accused Gurgen Stepanyan, recalled that the prosecutor representing the state prosecution had requested the court to sentence G. Stepanyan to 16 years of imprisonment. The defense lawyer said that the accused does not consider himself guilty of the charges brought against him. According to her, as G. Stepanyan stated during the judicial investigation, he served as a conscripted soldier in Hadrut settlement in 2005–2007, and in 2023 he was taken to a combat post.

The lawyer said that on September 19, 2023, he left his position, fled to the city of Khankendi, and on the way encountered servicemen of the Armed Forces of the Republic of Azerbaijan and surrendered to them.

“As the defense, I consider that according to Article 42.1.4 of the Criminal Procedure Code of the Republic of Azerbaijan, a person should be acquitted if his guilt has not been proven. Therefore, I request that the court acquit the accused on that basis,” the lawyer added.

G. Stepanyan’s other lawyer, Rafiq Karimov, also asked the court to acquit the person whose rights he defends.

In his speech, Azizağa Qafarov, the lawyer of the accused Vasili Beqlaryan, stated that the person whose rights he defends is not guilty of committing the alleged criminal acts. The lawyer said that V. Beqlaryan served in 2012–2013 in the Agdara area as a conscript soldier. According to him, in 2022, V. Beqlaryan signed a three-year contract as an extended-term serviceman, a soldier, in a military unit stationed in the city of Khankendi, and was several times sent to a combat position in the direction of Chərəkdar village, where he performed armed guard duty.

The lawyer said that the fact that V. Beqlaryan served in a military unit in Khankendi under a three-year contract as an extended-term serviceman cannot be considered fair or lawful as grounds for attributing guilt to him. Although his service at that time was voluntary, he did so because he could not find a job and needed to earn wages under contract. The lawyer added that this point is also confirmed by the accused’s testimony.

He stated that from the moment of his arrest — that is, since September 26, 2023 — V. Beqlaryan has not considered himself guilty of the charges brought against him.

The lawyer asked the court to issue an acquittal for V. Beqlaryan.

In her speech, Parvana Gasimova, the lawyer of the accused Arkadi Ghukasyan, stated that the person whose rights she defends was not a member of a criminal organization. She said they do not accept the evidence presented by the prosecution and asked the court to acquit A. Ghukasyan.

A. Ghukasyan’s other lawyer, Naile Taghiyeva, also asked the court to issue an acquittal for the person she defends.

The lawyer of the accused David Manukyan, Valeh Qurbanov, said that the person whose rights he defends does not consider himself guilty, nor does he consider himself a member of any criminal organization. The lawyer continued: “David Manukyan was neither a creator nor a member of any illegal armed group. He was a serviceman and acted based on military instructions.”

The defense lawyer stated that the primary culpability for what happened lies with Armenia’s political-military leadership.

He said he supports D. Manukyan’s position and requested that the court issue an acquittal.

The lawyer of the accused David Babayan, Chingiz Mansurov, stated that the person whose rights he defends voluntarily surrendered to Azerbaijani servicemen in September 2023. The lawyer said that D. Babayan does not consider himself guilty of the charges brought against him. He requested that the court issue an acquittal.

In her speech, Leyla Namazzada, the lawyer of the accused Madat Babayan, stated that M. Babayan should be acquitted in relation to the episode concerning the assassination attempt on state officials of our country resulting from the downing of an Azerbaijani helicopter near the village of Garakend in Khojavend district on November 20, 1991. She said that M. Babayan served at posts in the Agdara and Tartar directions at that time and had never fired live ammunition at human targets, firing only into the air.

The lawyer continued: “Madat Babayan, whose rights I defend, gave sincere testimony during the investigation and confirmed that testimony twice during the court investigation. Thanks to his sincere testimony and sharp memory, the remains of persons killed during the Khojaly genocide were found in the areas he directly pointed out in the Khojaly region, and after their identities were established, they were handed over to their families. The murdered compatriots were buried according to our customs and traditions after 30 years. Although the person whose rights I defend participated in the Khojaly events, he did not kill anyone, did not shoot civilians, and served as an ordinary soldier. As he only witnessed the acts of torture committed during the ethnic cleansing against the Azerbaijani people, including the Khojaly events, in 1991–1994, Madat Babayan sincerely regrets this. For this, he apologizes to the people of Azerbaijan and to the President of the Republic of Azerbaijan.”

The lawyer asked the court to issue an acquittal in relation to the episodes with which the accused is charged.

M. Babayan’s other lawyer, Elnur Valiyev, also stated that he agrees with the points made in the speech of the previous defense lawyer.

The court hearing will continue on December 4.

It should be noted that on the basis of the direct leadership and participation of the Armenian state, its state institutions and officials, its armed forces and illegal armed groups, the orders, instructions, and directives given orally and in writing, the support provided in the form of material, technical and personnel resources, its centralized management, as well as its strict control, in violation of domestic and international legal norms on the territory of Azerbaijan, and for the purpose of committing military aggression against Azerbaijan, and under the leadership and direct or indirect participation of Robert Kocharyan, Serzh Sargsyan, Vazgen Manukyan, Vazgen Sargsyan, Samvel Babayan, Vitali Balasanyan, Zori Balayan, Seyran Ohanyan, Arshavir Karamyan, Monte Melkonyan, and others, 15 accused persons are charged in a criminal case regarding numerous crimes committed during the course of the aggressive war carried out by the Armenian state, including the aforementioned criminal organization.

These persons — Arayik Vladimiri Harutyunyan, Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Davit Rubeni Ishkhanyan, David Azatini Manukyan, David Klimi Babayan, Levon Henrikovich Mnatsakanyan, Vasili Ivani Beqlaryan, Erik Roberti Ghazaryan, Davit Nelsoni Allahverdyan, Gurgen Homeri Stepanyan, Levon Romiki Balayan, Madat Arakelovich Babayan, Garik Grigori Martirosyan, and Melikset Vladimiri Pashayan — are charged under Articles 100 (planning, preparing, launching and waging an aggressive war), 102 (attacks on persons or organizations enjoying international protection), 103 (genocide), 105 (extermination), 106 (slavery), 107 (deportation or forcible transfer of population), 109 (persecution), 110 (enforced disappearance), 112 (unlawful deprivation of liberty contrary to international law), 113 (torture), 114 (mercenary activity), 115 (violation of the laws and customs of war), 116 (violation of international humanitarian law during armed conflict), 118 (military looting), 120 (premeditated murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing of terrorism), 218 (creation of a criminal organization), 228 (illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their component parts, ammunition, explosives, and explosive devices), 270-1 (acts threatening aviation security), 277 (attempt on the life of a state or public figure), 278 (seizure of power by force and its forcible retention, forcible change of the constitutional order of the state), 279 (creation of armed groups not stipulated by law), and other articles of the Criminal Code of the Republic of Azerbaijan.