Court hearings on the criminal case against citizens of the Republic of Armenia Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, Davit Babayan, Lyova 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, acts of genocide, violation of the laws and customs of warfare, as well as terrorism, financing of terrorism, forcible seizure of power, forcible retention of power and numerous other crimes as a result of Armenia's military aggression, was continued on March 6.

The hearings held at the Baku Military Court were presided over by Judge Zeynal Aghayev and a panel consisting of Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova). Each of the accused was provided with an interpreter into the language of their choice, as well as defense attorneys.

Present at the hearings were the accused and their defense attorneys, some of the victims, their legal successors and representatives, as well as prosecutors in charge of public prosecution.

The presiding judge first informed the accused Bako Sahakyan about the appointment of an additional defense attorney to protect his rights at the expense of the state and introduced the defense attorney to the accused. Bako Sahakyan said he did not object to the new defense attorney.

When starting the questioning, the presiding judge offered each of the accused the opportunity to make a statement on the charges brought against them and other circumstances important for a comprehensive, complete and objective consideration of the charges.

The hearing saw free statements made by the accused Davit Manukyan, Gurgen Stepanyan, Davit Allahverdiyan, Melikset Pashayan, Garik Matrosyan, Levon Balayan, and Madat Babayan.

The accused Davit Manukyan, a citizen of the Republic of Armenia born in Armenia, a military serviceman of the Armenian Armed Forces who served in the highest military rank of Major General, worked as First Deputy Commander of the illegal armed formations of the so-called regime, Chief of the Personnel Department at the General Staff of the Ministry of Defense of the Republic of Armenia, and Corps Commander, confessed in his free statement that he had indeed fought against the Armed Forces of Azerbaijan. He stated that he was a military person, that he had served in Armenia, and that he had fought against the Armed Forces of the Republic of Azerbaijan as part of the Armenian army during the First and Second Karabakh Wars. He said, “I did not have a service position or a duty assignment during the first war. I did have one during the second war, but this stemmed from my service responsibilities. In particular, I was responsible for warfare planning. It is clearly stated in my duties and responsibilities: ‘To engage in combat readiness’. There is no warfare planning there. This is not understandable, it is irrelevant.”

Reflecting on his service as a a private soldier during the First Karabakh War, he said, “I was a private soldier and participated in combat operations. On February 28, 1993, I was wounded in the direction of Aghdara. In 1994, I returned to service. I continued my military service after the war and received the rank of officer.”

The accused stressed that he had not participated in the meetings of the so-called “Security Council” of the self-styled regime and said, “I did not participate in the meetings as a member or observer and did not even know that they were held.”

He also stated that his vehicle had been hit by a “Bayraktar” UAV during the 44-day war and noted: “My driver was wounded, but I was not because I was 20 meters away.”

Davit Manukyan said he had retired from military service in December 2021 and handed over his post in January 2022, adding that citizens of the Republic of Armenia had served in the self-styled regime's “army”. “Let me go back a little. After 2020, there were quite a few lay-offs in the army. They also reduced the division I served in to the level of a brigade.”

He also said that there were approximately 10,000 military personnel in Karabakh in the 2020-2023 time period. In addition, he said that he was very cooperative at the stage of the investigation.

The accused then spoke about the weapons found in his house. “I had two weapons in my apartment in Khankendi. One was a pistol and the other was a rifled shotgun. Both weapons are registered with the Police Department of the Republic of Armenia.”

The accused Gurgen Stepanyan stated that he had undergone military service in Hadrut in 2005-2007, while in 2023 he was taken to a combat position. He said, “On September 19, we started running from our position to Khankendi, came across your servicemen on the way and gave ourselves in.”

The accused Davit Allahverdiyan said in his free statement that he had answered all the questions during the preliminary investigation and would answer them again during the judicial investigation. “The attitude towards me has been humane and good, for which I am grateful. Now I am ready to answer any questions you may have”, he added.

Another, Melikset Pashayan, said in his testimony that he was familiar with the charges. He said that he had served in the Soviet army and that in 1993 he had received a call-up paper from the so-called “military commissariat” of the self-styled regime to participate in the battles against Azerbaijan. He said, “Until the ceasefire in 1994, I only defended our positions in Aghdam. During the 44-day war in 2020, we decided with the boys in the village to defend our positions. We defended our positions for about three to four weeks.”

Melikset Pashayan said he had been wounded in the finger during anti-terror operation carried out by the Azerbaijan Army on September 19-20, 2023, and then was captured.

The accused Garik Matrosyan said in his free statement that he had been serving in one of the frontline positions in Aghdam district during the First Karabakh War. He said: “We were in Asgaran district during the Second Karabakh War. I was there during the 44-day war as well.”

Another accused, Levon Balayan, said that he had served in the “army” of the self-proclaimed regime controlled by the Armenian state during the 44-day Patriotic War and the anti-terror operation.

The accused Madat Babayan admitted that he was in Khojaly in 1992. He said, “I was in Khojaly in 1992. They called me and I went there. They said there were bodies there, so let's bury them. So I took them to show the place.”

Then the accused Bako Sahakyan asked for the floor to make a brief statement. He spoke about his work as “president” of the self-styled regime operating under Armenia’s leadership and control. He also noted that he had been given ample opportunities to answer questions during the preliminary investigation.

After that, the stage of judicial examination of documents began.

The Senior Assistant to the Prosecutor General, Vusal Aliyev, who defends public prosecution, demonstrated historical documents confirming that Karabakh is a sovereign territory of Azerbaijan and showing Armenia’s intention to annex Karabakh to its territory. In particular:

- Resolution of the Council of People's Deputies of the Nagorno-Karabakh Autonomous Region dated February 20, 1988 “On the Appeal to the Supreme Councils of the Azerbaijan and Armenian Soviet Socialist Republics on the Transfer of the Nagorno-Karabakh Autonomous Region from the Azerbaijan Soviet Socialist Republic to the Armenian Soviet Socialist Republic”;

- Resolution of the Supreme Council of the Armenian Soviet Socialist Republic dated June 15, 1988 “On the Secession of the Nagorno-Karabakh Autonomous Region from the Azerbaijan Soviet Socialist Republic and its Annexation to the Armenian Soviet Socialist Republic and the Appeal to the Supreme Council Soviet of the USSR”;

- Resolution of the Presidium of the Supreme Council of the USSR dated July 18, 1988 “On the Contradiction of the Resolution of the Supreme Council of the Armenian Soviet Socialist Republic on the Transfer of the Nagorno-Karabakh Autonomous Region to the Armenian Soviet Socialist Republic and the Petition of the Council of People's Deputies of the Nagorno-Karabakh Autonomous Region dated February 20, 1988 to the Constitution of the USSR”;

- Article 78 of the Constitution of the USSR;

- Decision of the Supreme Council of the Republic of Azerbaijan dated August 30, 1991 on the declaration on the restoration of the state independence of the Republic of Azerbaijan;

- “Decision and Declaration on the Proclamation of the Nagorno-Karabakh Republic” dated September 2, 1991 and other documents.

After that, the Assistant to the Prosecutor General for Special Assignments, Tugay Rahimli, and Public Prosecutor Fuad Musayev demonstrated documents on the establishment, goals, activities and leaders of up to 40 illegal armed groups, including “Big Tigran”, “David Sasunski”, “Archiv”, “Dashnaksakaner”, “Shusha”, “Sasun”, “Maral”, “Aghdara Division”, “Khankendi Regiment”, “Sisiyan Division”, “Hadrut Division”, “Sasna Srer Division”, “Khachlilar”, “Erkrap-Konulluller Division”, “Malatiya”, “Arabo”, “Mush” and others, which formed the core of the criminal organization created by Armenia and which operated under its leadership in the territory of the Armenian Soviet Socialist Republic and in Karabakh, which is part of the Azerbaijan Soviet Socialist Republic.

Then, the accused Arkady Ghukasyan was asked questions about his attitude to the demonstrated documents, the leaders and participants of the mentioned illegal armed formations, his relations with Armenia, his activities, his participation in the activities of these formations, his arrest in connection with his activities in the “Krung” organization established in Armenia and in Karabakh, the sovereign territory of the Republic of Azerbaijan, and the criminal ideologies of “Greater Armenia” and “Miatsum” movements.

The accused stated that he had not participated in the activities of the “Krung” organization, that his arrest at the time had not been associated with his activities in this organization, that the names of the leaders of the listed illegal armed formations were known to everyone, including the fact that the names of these persons were mentioned in the court hearings today. However, he said he would not mention those names himself.

The next court hearing is scheduled for March 10. The process will continue with questions asked of the accused.

We recall that a total of 15 Armenian nationals are being charged with numerous crimes involving direct leadership and participation of the Armenian state, its state bodies, military forces and illegal armed formations, verbal and written instructions, orders and assignments, provision of material and technical support, central governance, as well as the exercise of rigorous control, with the aim of committing military aggression and acts of terror against the Republic of Azerbaijan in the territory of Azerbaijan in violation of domestic and international law, and involving 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 Garamyan, Monte Charles Melkonyan and others, including criminal acts committed during the course of the war of aggression waged by the aforementioned criminal group.

The said persons, i.e. 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, Melikset Vladimiri Pashayan, are being charged under Articles 100 (planning, preparing, initiating and waging a war of aggression), 102 (attacking persons or organizations enjoying international protection), 103 (genocide), 105 (extermination of the population), 106 (enslaving), 107 (deportation or forced displacement of the population), 109 (persecution), 110 (enforced disappearance of people), 112 (deprivation of liberty contrary to international law), 113 (torture), 114 (mercenary service), 115 (violation of the laws and customs of warfare), 116 (violation of international humanitarian law during armed conflict), 118 (military robbery), 120 (intentional murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing terrorism), 218 (creation of a criminal association (organization)), 228 (illegal acquisition, transfer, sale, storage, transportation and possession of weapons, their components, ammunition, explosives and devices), 270-1 (acts threatening aviation security), 277 (assassination of a state official or public figure), 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state), 279 (creation of armed formations and groups not provided for by law) and other articles of the Criminal Code of the Republic of Azerbaijan.

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