BAKU, Azerbaijan, December 4. The open court hearing on the criminal cases against citizens of the Republic of Armenia – Arayik Harutyunyan, Arkadi Gukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others – accused of committing crimes against peace and humanity, war crimes, including preparing and waging an aggressive war, genocide, violation of the laws and customs of war, as well as terrorism, financing terrorism, forcibly seizing power, maintaining it by force, and numerous other crimes as a result of Armenia’s military aggression against Azerbaijan, continued on December 4, Trend reports.
The hearing at the Baku Military Court, presided over by Judge Zeynal Agayev, with members Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova), provided each defendant with an interpreter in their language and legal counsel for their defense.
The defendants, their lawyers, some of the victims, their legal heirs and representatives, as well as prosecutors supporting the state prosecution, took part in the court hearing.
The court hearing continued with statements by the defendants' lawyers.
Agshin Mammadli, the defense attorney for defendant David Ishkhanyan, noted in his speech that the court's duty is not only to examine the issues specified in the indictment, but also to ensure the principles of justice, the rule of law, and the presumption of innocence. According to the requirements of current legislation and the Criminal Code, a verdict should only be handed down based on irrefutable and convincing evidence.
He asked the court to acquit Ishkhanyan.
Another lawyer for Ishkhanyan, Elchin Amirov, also asked the court to acquit his defendant.
In her speech, the lawyer for the accused Levon Balayan, Vafa Mehdiyeva, referring to the testimony of her lawyer, stated that from 1995 to 1998 he served as a soldier in military units located in Shusha, Khankendi, and Khojaly, the numbers of which she does not remember. During this time, he was equipped with an AKS-74 assault rifle.
The lawyer stated that there were no signs of a crime in his client's actions and asked the court to acquit him.
Another lawyer for L. Balayan, Sagi Mammadov, also asked the court to acquit him.
The defense attorney for the accused, David Allahverdyan, Nizami Aliyev, stated that his client did not consider himself guilty of the charges brought against him. He called the evidence presented against D. Allahverdyan unfounded and unreliable. The defense attorney asked the court to acquit D. Allahverdyan.
Another lawyer, Elmadin Mammadov, also stated that he agreed with the characteristics outlined in the speech of the lawyer who spoke before him.
The defense attorney for the accused Erik Kazarian, Natig Mustafayev, stated in his speech that his client does not consider himself guilty and voluntarily surrendered to the Azerbaijani Armed Forces, handing over his weapon. He asked the court to acquit E. Kazarian.
Elnaz Samadova, the lawyer for Melikset Pashayan, stated that her client did not take part in active hostilities. The lawyer stated that the charges against M. Pashayan were unfounded and that he should therefore be acquitted. She asked the court to acquit M. Pashayan.
The defense attorneys for the accused Levon Mnatsakanyan, Oktay Madatov, and Khayyam Asgharov stated that their client does not consider himself guilty and asked the court to deliver a fair verdict.
The defense attorney for the accused Bako Sahakyan, Nigar Mirbabaeva, said that her client served in the rear, worked as a civilian, and his duties included distributing food and clothing and organizing the supply of medicines.
The lawyer stated that he did not participate in the planning of an aggressive war, did not participate in operations against the civilian population, and that his activities were primarily humanitarian in nature.
N. Mirbabaeva stated that B. Sahakyan's actions did not go beyond his legal duties and were not intended to commit a crime. The lawyer noted: “This man is not a criminal, but a living witness to a tragic era.”
He stated that, according to Articles 42.2.3 and 42.2.4 of the Criminal Procedure Code of the Republic of Azerbaijan, the evidence presented by the prosecution does not provide sufficient grounds for finding Bako Sahakyan guilty. According to him, since his non-involvement in the alleged crimes has been proven, an acquittal would be the only fair and lawful decision.
Another lawyer for B. Sahakyan, Gulara Ismailova, petitioned the court to acquit her client.
The defense attorney for the accused, Garik Martirosyan, Rashad Akhundov, stated that his client did not admit guilt in his testimony. The attorney said that the evidence linking Martirosyan to the criminal community had not been established. He served as a private in a “military unit” and subsequently took up a position for a monthly salary. The defense attorney asked the court to deliver a fair verdict in Martirosyan's case.
The defense attorney for the accused Araik Harutyunyan, Javid Rezade, disagreed with the charges brought against him in his speech.
The defense attorney also spoke about the rocket attack on Ganja during the 44-day Second Karabakh war in 2020. He noted that the defendant did not make the relevant decisions (on the rocket attack on Ganja and other cities - ed.), but it is clear from the investigation materials and the facts of the case that these rockets were launched from the territory of this country on the orders of the Armenian leadership.
The lawyer noted that the “army” of the so-called regime is subordinate to the armed forces of Armenia, and this fact is not refuted by the prosecution, and also noted that long-range missiles are located not in the occupied territories, but in Armenia.
Another lawyer for Harutyunyan, Anar Mammadov, stated in his speech that the charges against his client had not been proven.
He asked the court to acquit his defendant, stating that Harutyunyan's actions did not constitute a crime.
The trial will continue on December 11.
Fifteen defendants of Armenian origin are accused in the criminal case concerning numerous crimes committed during the aggressive war waged by the Armenian state, including the aforementioned criminal association - on the territory of Azerbaijan, in violation of domestic and international legal norms. These crimes were committed for the purpose of military aggression against Azerbaijan and were carried out under the direct leadership and participation of the Armenian state, officials of its state institutions, its armed forces, and illegal armed formations, through their written and verbal orders, instructions, and guidelines; material, technical, and personnel support; centralized management; as well as under strict control and under the leadership and direct or 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 Musheghi Ohanyan, Arshavir Surenovich Garamyan, Monte Charles Melkonyan, and others.
The following individuals - 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, and Melikset Vladimiri Pashayan - are being charged under the following articles of the Criminal Code of the Republic of Azerbaijan: Article 100 (planning, preparing, initiating, and waging a war of aggression); Article 102 (attacking persons or organizations enjoying international protection); Article 103 (genocide); Article 105 (extermination of the population); Article 106 (enslavement); Article 107 (deportation or forced displacement of population); Article 109 (persecution); Article 110 (enforced disappearance of persons); Article 112 (deprivation of liberty contrary to international law); Article 113 (torture); Article 114 (mercenary service); Article 115 (violation of the laws and customs of warfare); Article 116 (violation of international humanitarian law during armed conflict); Article 118 (military robbery); Article 120 (intentional murder); Article 192 (illegal entrepreneurship); Article 214 (terrorism); Article 214-1 (financing terrorism); Article 218 (creation of a criminal organization); Article 228 (illegal acquisition, transfer, sale, storage, transportation, and possession of weapons, ammunition, explosives, and devices); Article 270-1 (acts threatening aviation security); Article 277 (assassination of a state official or public figure); Article 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state); Article 279 (creation of armed groups not provided for by law); and additional articles.
