The open preparatory court hearing on the criminal case on crimes against peace and humanity, war crimes, including waging a war of aggression, genocide, forced displacement of population, persecution, torture, robbery, and other illegal acts committed by the State of Armenia and its armed forces, as well as the so-called “Nagorno-Karabakh Republic” established by Armenia in the occupied territories of Azerbaijan and its illegal armed formations, continued on January 21, APA reports.
The hearing, held at the Baku Military Court located in the Baku Judicial Complex, was presided over by Judge Zeynal Aghayev, with the participation of Judges Jamal Ramazanov and Anar Rzayev. The defendants were provided with interpreters in Armenian, as well as lawyers.
The trial was attended by 350 people out of more than 531,000 people recognized as victims.
The defense motions were considered during the court hearing.
Davit Babayan's lawyer made a motion in court. He asked to appoint a confidential meeting with the person, whose defense counsel he is. The prosecution did not object to the motion. The judge granted the lawyer's motion and declared a break in the court session for a confidential meeting.
Following the recess, the attorneys for the majority of the defendants requested that the measure of restraint in the form of arrest against the persons they were defending be changed to house arrest.
The prosecutor defending the public prosecution expressed his attitude to the motions and asked to keep the measure of restraint in the form of arrest unchanged, taking into account the identity of the accused, the gravity and nature of the acts of which they are accused, as well as the replacement of arrest with house arrest, which would prevent an objective trial.
Representatives of the victims and injured persons, including the head of the Cabinet of Ministers Apparatus, Rufat Mammadov, who acted as a victim on behalf of the Azerbaijani state, requested not to satisfy the petitions and leave the accused under arrest.
The representative of the victim, Arzu Javadov, noted that there are enough qualified doctors in the isolators, there is no shortage of medicines, medical assistance is provided promptly, and there are no procedural grounds for changing the measure of restraint. “Their state of health is under the control of the International Committee of the Red Cross. Therefore, I ask the court not to grant the petitions filed,” he said.
The representative of the victim, Shahin Huseynov, noted that it should be taken into account that the defendants are charged with grave and especially grave crimes. “The victims have the same rights as the accused. Here we are talking about protecting the rights of thousands of victims. The petition for house arrest is unfounded. I ask not to grant these petitions,” he said.
The representative of the victim, Javanshir Mammadov, noted that the accused were detained while trying to leave the country. “There remains a threat that they will abscond from the court, evade justice,” he said.
Judge Zeynal Aghayev gave each of the defendants the floor regarding the motions.
Defendant Arayik Harutyunyan noted that, unlike other defendants, he did not apply for house arrest either on behalf of his lawyer or himself, and he has no complaints about his health condition. “If there are health problems, they are solved in the isolation center. In general, however, I have not heard any complaints from other defendants about their health,” he said.
Defendants Arkady Ghukasyan, Bako Saakyan, Melikset Pashayan, and Davit Allakhverdiyan requested that the petitions be granted and transferred to house arrest.
Other defendants left the issue of motions to the discretion of the court.
The next court hearing will be held on January 27, during which the decisions on the motions will be announced.
To note, the 15 persons are accused of crimes committed by the Republic of Armenia and its armed forces, including the illegal "Nagorno-Karabakh Republic" created by Armenia and its illegal armed formations.
The following individuals: Harutyunyan Arayik, Ghukasyan Arkady, Saakyan Bako, Ishkhanyan David, Manukyan David, Babayan David, Mnatsakanyan Levon, Beglaryan Vasily, Ghazaryan Eric, Allahverdiyan Davit, Stepanyan Gurgen, Balayan Levon, Babayan Madat, Martirosyan Garik, and Pashayan Melikset are charged under the following articles of the Criminal Code of the Republic of Azerbaijan according to the periods of their participation in criminal acts: Article 100 (planning, preparation, unleashing or waging a war of aggression), 102 (attack on persons or institutions which enjoy international protection ), 103 (genocide), 105 (destruction of population), 106 (slavery), 107 (deportation or forced resettlement of population), 109 (persecution), 110 (forcible detention of a person), 112 (deprivation of liberty in violation of international law), 113 (torture), 114 (mercenarism), 115 (violation of the laws or customs of war), 116 (violation of international humanitarian law during armed conflicts), 118 (war looting), 120 (premeditated murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing of terrorism), 218 (organization of a criminal community (criminal organization), 228 (illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their components, ammunition, explosives and explosive devices), 270-1 (acts endangering aviation security), 277 (encroachment on the life of a state or public figure), 278 (forcible seizure of power or forcible retention of power, forcible change of the constitutional order of the state), 279 (creation of armed formations or groups not provided for by law) and other articles.
***10:36
Today, the next hearing in the criminal case regarding crimes against peace and humanity, war crimes, including the conduct of aggressive warfare, genocide, forced population relocation, persecution, torture, robbery, and other illegal acts committed by Armenia and its armed forces, as well as the so-called "Nagorno-Karabakh Republic" created by Armenia in the occupied territories of Azerbaijan, continue, APA reports.
Judge Zeynal Agayev of the Baku Military Court leads the court's preparatory session at the Baku Judicial Complex.
***08:23
Today, the next hearing in the criminal case regarding crimes against peace and humanity, war crimes, including the conduct of aggressive warfare, genocide, forced population relocation, persecution, torture, robbery, and other illegal acts committed by Armenia and its armed forces, as well as the so-called "Nagorno-Karabakh Republic" created by Armenia in the occupied territories of Azerbaijan, will continue, APA reports.
Judge Zeynal Agayev of the Baku Military Court will lead the court's preparatory session at the Baku Judicial Complex.
The preparatory session began on January 17. The defendants are provided with Armenian-language interpreters and defense attorneys.
The prosecution is represented by six prosecutors, while the Azerbaijani government is represented by Rufat Mamedov, head of the Cabinet of Ministers' office, as the victim on behalf of the Azerbaijani state.
Notably, there are more than 531,000 victims and their representatives in this criminal case.
Based on the collected credible evidence, 15 individuals have been charged for crimes committed by the armed forces of the Republic of Armenia and illegal armed formations in a total of 2,548 incidents. The accused are Ghukasyan Arkady Arshaviri (Arshavirovich), Harutyunyan Arayik Vladimiri (Vladimirovich), Sahakyan Bako Sahaki, Ishkhanyan Davit Rubeni, Babayan Davit Klimi (Klimovich), Mnatsakanyan Leva Genrikhi, Manukyan Davit Azati, Martirosyan Garik Grigori, Pashayan Melikset Vladimiri, Allahverdyan Davit Nelsoni, Stepanyan Gurgen Gomerosi, Balayan Levon Romiki, Babayan Madat Arakeli (Arakelovich), Beglaryan Vasili Ivani, and Ghazaryan Erik Roberti. They face charges under several articles of the Criminal Code of the Republic of Azerbaijan, based on the periods of their involvement in criminal acts.
The charges include crimes such as planning, preparation, initiation, or waging an aggressive war (Article 100); attacks on internationally protected persons or institutions (Article 102); genocide (Article 103); destruction of population (Article 105); slavery (Article 106); deportation or forcible transfer of population (Article 107); persecution (Article 109); forcible detention (Article 110); deprivation of liberty contrary to international law (Article 112); use of torture (Article 113); mercenarism (Article 114); violations of laws or customs of war (Article 115); violations of international humanitarian law during armed conflict (Article 116); war theft (Article 118); willful killing (Article 120); illegal entrepreneurship (Article 192); terrorism (Article 214); financing of terrorism (Article 214-1); organization of a criminal association (Article 218); illegal acquisition, transfer, sale, storage, transportation, or possession of firearms, ammunition, explosives, and explosive devices (Article 228); acts threatening aviation security (Article 270-1); attempts on the life of a statesman or public figure (Article 277); violent seizure or retention of power, violent change of the constitutional order (Article 278); and the creation of unauthorized armed formations or groups (Article 279), among other offenses.
The preparatory hearing in the case of Ruben Vardanyan, an Armenian citizen facing charges under Azerbaijan’s Criminal Code for torture, mercenarism, violations of war laws, terrorism, financing terrorism, and other offenses, is set to continue on January 27.
Although Vardanyan was provided adequate time during the preliminary investigation to review case materials in a language he understood and prepare his defense, the court, considering his request, granted an additional 10 days for him to familiarize himself with the documents.
A final indictment has been issued against him under various articles of the Criminal Code of the Republic of Azerbaijan, including: Article 100 (planning, preparing, initiating, or waging an aggressive war), Article 107 (deportation or forcible transfer of population), Article 109 (persecution), Article 112 (unlawful deprivation of liberty in violation of international law), Article 113 (torture), Article 114 (mercenarism), Article 115 (violation of the laws and customs of war), Article 116 (violation of international humanitarian law norms during armed conflict), Article 214 (terrorism), Article 214-1 (financing of terrorism), Article 218 (establishment of a criminal organization), Article 228 (illegal acquisition, transfer, sale, storage, transportation, or carrying of firearms, their components, ammunition, explosive substances, and devices), Article 270-1 (acts threatening aviation security), Article 278 (forceful seizure of power and its forcible retention, forceful alteration of the state's constitutional order), Article 279 (creation of armed groups and units not provided for by law), 318 (illegal crossing of the state border of Azerbaijan).
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