Chief of the Special Investigation Department of the Republican Military Prosecutor's Office, Chief Justice Adviser Emil Tagiyev interviewed by APA News Agency
– 30 years pass since Armenians committed the Khojaly genocide against Azerbaijanis. Firstly, I would like you to provide information about investigations on massacres committed by Armenians against Azerbaijanis.
– Armenian nationalists, who have committed the most heinous crimes for centuries, have systematically and in a planned way committed atrocities against Azerbaijanis, pursuing nationalism, chauvinism, and the ideology of hatred for the neighboring Turkic people in order to achieve their ugly intentions. In stages, by various means, they achieved to occupy 10 thousand square km of Azerbaijani territories, deportation of hundreds of thousands of Azerbaijanis from their native lands, and artificially establish various territorial units, as well as Armenian state in our occupied lands. Carrying out its terrorist activity against the Turkic nation for more than two centuries, the main purpose of Armenian nationalists was to establish a “Great Armenian state” at the expense of Turkey’s Anatolia, Azerbaijan’s Nakhchivan and Karabakh regions, Iran’s north territories (Southern Azerbaijan), i.e. absolutely Turkish lands.
If we look at history we can see that until the 19th century, there were no Armenian settlements or territorial units in the Caucasus.
However, starting early 19th century as a result of ethnic cleansing carried out by the Russian empire hundreds of Armenians from Gajar Iran and the Ottoman Empire were resettled to our native lands, while Azerbaijanis living in their historical ancient lands were subjected to deportation. Although Armenians settled in Irevan, Nakhchivan and Karabakh khanates were a minority, they achieved to create “Armenian province” administrative division under the auspices of their supporters and thus, the foundation was laid for the policy of expelling Azerbaijanis from their lands. As a continuation this in 1905-1907 and then in March 1918, during large-scale bloody open actions against Azerbaijanis committed by Armenian nationalists under the flag of Bolsheviks in Baku, Tbilisi, Irevan, Nakhchivan, Guba, Shamakhy, and other residential settlements of Azerbaijan, thousands of children, women, elderly were killed with unprecedented brutality only for their national affiliation, hundreds of residential settlements were destroyed, houses were looted, burnt. As a result, genocide and ethnic cleansing policy against Azerbaijanis led to the establishment of an Armenian state in Azerbaijan’s historic lands, in the territory of the former Iravan khanate in Northern Azerbaijan on May 29, 1918, by Soviet Russia. The policy of ethnic cleansing of the Armenians gained new strength in 1988 with the weakening and subsequent collapse of the USSR, Armenian nationalists under the auspices of the former USSR leadership evacuated 185 settlements in the Armenian SSR and forcibly expelled more than 250,000 Azerbaijanis from present-day Armenia. The process of occupation of Nagorno-Karabakh and surrounding areas has begun.
In the late 20th century alone, nearly 20 thousand Azerbaijanis were killed by Armenians, more than 5300 people went missing, captured or taken hostage, 3890 people are considered missing to date, more than 20 thousand peaceful residents were injured, 877 cities, villages, and settlements were looted, destroyed, burnt, more than one million of people became refugees and IDPs, more than 20 percent of the territory of our country was occupied.
For example, the murder of 67 people in Garadagli village of Khojavend region, 25 people in Meshali village of Askeran region, 17 people in Karkijahan and other serious crimes committed in other settlements.
– How many people were killed by Armenians regarding the Khojaly genocide, how many people were captured and tortured?
– On the night of February 25-26, 1992, the Armenian Armed Forces, which illegally entered the territory of the Republic of Azerbaijan, as well as illegal armed groups of nationalist Armenians from Nagorno-Karabakh, the commanding staff and military with the support of military equipment, they attacked the city of Khojaly, which was isolated from other parts of the country and besieged on all sides.
During the Khojaly genocide, 613 people including 106 women and 63 children were killed and 8 families were completely destroyed, 487 people were injured, 1,275 women, children, and the elderly were taken hostage and tortured (150 people, as well as 68 women and 26 children, are considered missing to date), 5379 people of a population of Khojaly city were deported. During this tragedy 111 people were murdered in Khojaly, 16 residents of the city managed to escape from the siege in Ketik forest, 130 on Nakhchivanik road, 23 around Garagaya, 23 near Dehraz village, 8 in Shelli direction, 6 on 86th kilometer of Askeran asphalt road and other places were brutally killed as well as 18 captured Khojaly residents were tortured to death in the Askeran district department of Internal Affairs. Of those killed, 192 were originally from Khojaly, 24 of them were Azerbaijanis deported from Armenia in 1988, 32 deported from Khankandi city in 1988-1989, 25 from other residential settlements of Nagorno Karabakh, 8 Meskhetian Turks who emigrated from Uzbekistan during the Fergana events in 1989.
– A joint operational-investigative group was established on December 18, 2003, by a joint order of the Prosecutor General of the Republic of Azerbaijan, the Minister of Internal Affairs, and the Minister of National Security to raise relevant petitions before international organizations. Which international organizations have been filed petitions by this operational-investigative group?
– An operational-investigative group was established by a joint order of the Prosecutor General of the Republic of Azerbaijan, the Ministers of National Security, and the Ministry of Internal Affairs dated December 18, 2003, to investigate the war and other crimes, as well as the crimes against peace and humanity committed against the local Azerbaijani population in the late twentieth century.
The criminal case investigated by the same investigative-operational group was considered for the execution of the Military Prosecutor's Office of the Republic on the personal initiative of the Military Prosecutor of the Republic of Azerbaijan, Lieutenant-General of Justice Khanlar Valiyev on May 5, 2005, and the procedural leadership of the preliminary investigation of the case was carried out by Lieutenant-General of Justice Khanlar Valiyev.
Unlike the previous period, after the criminal case was taken for execution in the Republican Military Prosecutor's office, a new unified investigative-operational plan was drawn up personally by the Justice Lieutenant-General Khanlar Valiyev and on the merits of the case, five main directions of the case have been identified to investigate the facts of genocide, deportation, torture, and other crimes.
These are a) genocide against the Azerbaijani people; (b) Torture of captives and hostages; c) terrorism; d) damage inflicted to the state and citizens; d) especially serious crimes committed on the motives of national hatred and hostility in the modern times. In order to ensure a systematic and professional investigation of this criminal case, a Special Investigation Department was established in the Republican Military Prosecutor's Office on March 30, 2009, at the initiative of Khanlar Valiyev.
Genocides committed against Azerbaijanis by illegal Armenian armed forces in Khojaly city, Garadaghli village of Khojavend region, Karkijahan settlement of Khankendi city, Baghanis-Ayrim village of Gazakh region, Meshali village of Askeran region and other settlements, torture of captives and hostages, as well as crimes committed in Shusha, Khojavend, Askeran, Aghdara, Aghdam, Goranboy and other regions on separate episodes are investigated professionally on the five mentioned main directions, and petitions have been filed in the international courts regarding those crimes.
– In general, how many people were found to have committed crimes as a result of the investigation conducted on these five areas?
– As I mentioned, in order to ensure that the investigation of these serious crimes committed against our people during the investigation of the criminal case in the Republican Military Prosecutor's Office in accordance with international treaties, international law, and the Criminal Procedure Code of the Republic of Azerbaijan, as well as considering the large number of suspects, accused and victims, and the issues to be investigated, 5 main directions of the case have been identified.
A total of 306 people were identified in these areas, criminal proceedings were instituted against them, decisions were made to prosecute them under the relevant articles of the Criminal Code, and other necessary investigative actions were carried out.
– Have the persons, who participated, in organized perpetration of the Khojaly genocide, been determined? Which measures have been taken on organizers of the committed crime? Which investigative actions have been taken?
– Comprehensive investigation has been conducted on criminal facts, committed by illegal Armenian armed forces and Armed Forces of the Republic of Armenia, in accordance with norms of international law, as crimes of 306 persons, who committed crimes against peace and humanity, as well as war crimes and others so far, on Article 103 (Genocide), 107 (Deportation), 113 (Torture), 115 (Violation of war laws and traditions), 116 (Violation of international humanitarian law norms during armed conflict), 120 (Deliberate murder), 214 (Terrorism), and others of the Criminal Code of the Republic of Azerbaijan, 40 of which on Khojaly Genocide, 12 on Garadaghli Genocide, 18 on Baghanis-Ayrim Genocide, 9 on Meshali Genocide, 47 on Karkijahan Genocide, 35 on torture facts against captives and hostages, 3 on terrorism fact, 142 on banditry, deliberate murder, etc. crimes, which belong to general crimes category, on basis of testimonies of numerous witnesses and damaged persons, review, protocols of conduction of recognition, different types of expertise comments, and other procedural documents, decisions on their involvement as an accused person under the Articles have been made. An arrest warrant has been issued on them relevant to verdicts and relevant documents have been sent to the National Center Bureau of Interpol in the Republic of Azerbaijan and the Ministry of Internal Affairs of the Republic of Azerbaijan for provision of their search. Khojaly executioners such as Seyran Ohanyan, Valery Chitchiyan, Yevgeny Nabokikh are among them.
– How many investigative actions have been taken within the framework of a criminal case, launched on Khojaly Genocide? How many victims have been interrogated? How much expertise has been determined?
In total, more than 80,100 investigative actions have been implemented so far during the interrogation of criminal cases, which are investigated in the Military Prosecutor’s Office of the Republic. At the same time, more than 28,200 persons have been recognized as victims or legal heirs of the victim and interrogated, more than 29,900 persons have been interrogated as witnesses. More than 18,200 persons have been recognized as civil plaintiffs, more than 2,800 different types of expertise have been conducted. More than 31,100 procedural decisions have been made, other numerous necessary investigative acts have been taken.
Works in direction of investigation of torture, genocide, other crimes against peace and humanity, war crimes, committed by illegal Armenian armed forces and Armed Forces of the Republic of Armenia, as well as determination of other persons, participated in organization and perpetuation of these crimes, and bringing to responsibility in accordance with current legislation is underway now.
– There are facts on the participation of Armenian former Presidents Robert Kocharyan and Serzh Sargsyan in the perpetration of these events. Is investigation on them continued?
– Armenia’s former Presidents Robert Kocharyan and Serzh Sargsyan have been brought in responsibility and put on wanted list under relevant Articles of the Criminal Code, as they promoted establishment of national enmity between Azerbaijani and Armenian peoples, holding meetings by gathering workers of Armenian origin in organizations and facilities of city with intention of creation of hatred, belonging Karabakh to Armenians and only Armenians’ living there, expelling Azerbaijanis, deportation them from city and Nagorno-Karabakh by force, setting fire on their houses since February of 1988, adoption of illegal decision on announcement of “Nagorno-Karabakh Republic” by combining former Shahumyan province on September 2, 1991 which was in contrary with the Constitution of the Republic of Azerbaijan, by naming themselves representatives of state authority on their own, giving all power to Soviet of People's Deputies of the province and its executive committee, the invalidation of the Constitution and Laws of the Republic of Azerbaijan in that territory, and committing other crimes.
– Which of the horrific facts of torture collected during the investigation can you note?
– Horrific torture facts have been determined during testimonies of the interrogated victims and witnesses during the investigation of a criminal case, which is conducted in the Military Prosecutor’s Office of the Republic. Thus, captives and hostages, regardless of being a woman, elder, or child, were forced to horrible tortures by crawling on river stones or in the snow in frosty weather, to keep their hands on cold stones, by removing his teeth and nails, throwing grass in front of him and forcing him to eat that grass and soil, beating, with a cross stamped on their chests, and other ways, moral pressures, and inhuman behaviors by Armenian armed groups, in many cases, they were killed in cold blood by peeling their scalp, cutting off their ears, noses, and genitals, dissecting pregnant women, burning them alive, and cutting off the Azerbaijani head as a sacrifice on an Armenian grave.
– How much damage was done to the Azerbaijani state and citizens in connection with the occupation of Khojaly? What steps are being taken to compensate for this damage?
– During the investigation of the criminal case, it has been determined that more than USD 170 million in damage has been caused to the Azerbaijani state and citizens by Armenians regarding the occupation of Khojaly. In accordance with the instruction of Muzaffar Supreme Commander-in-Chief, Mr. Ilham Aliyev, the caused damage is assessed by the local and international specialists on the scene in the liberated territories from the occupation. The commission established in this regard fulfills its function.
All documents in connection with the compensation of this damage have been prepared and sent to the international courts. In addition, the suffered people have individually appealed to the European Court of Human Rights-ECHR against Armenia.
In addition, at the initiative of the First Vice-President of the Republic of Azerbaijan Mehriban Aliyeva and Vice-President of the Heydar Aliyev Foundation Leyla Aliyeva, within the framework of the International Campaign "Justice for Khojaly" of the Heydar Aliyev Foundation, the important events have been implemented in the planned manner in order to deliver the bloody crimes committed against the Azerbaijani people by the Armenian nationalist and to be recognized in the world in accordance with the unified concept since 2008.
In addition, Memorial Genocide Museum has been established in the administrative building of the Military Prosecutor's Office of Azerbaijan on the initiative of Military Prosecutor Khanlar Valiyev, books called “Memory of Khojaly”, “1918 genocides against the Azerbaijani people”, “Khojaly 1992”, “Armed aggression of Armenia against Azerbaijan”, “Terror: Events, facts, evidence”, “Justice for Khojaly (new strategic model against international Armenian terror)” have been published in order to engrave the crimes committed by the Armenian nationalists with the special cruelty since the beginning of XX in the memory of the world, deliver the objective realities to the world community, exposure Armenia’s nationalist and terrorist politics and to provide the future generations with the solid evidence and rich materials in this regard.
– What works are implemented in order to arrest and investigate Armenians who committed crimes against Azerbaijanis?
– Let’s note as an example that the citizens of the Republic of Armenia Arsen Baqdasaryan in the territory of the Aghdam region on December 26, 2014, and Karen Gazaryan in the Gazakh region on July 15, 2018, was charged under the relevant articles of the Criminal Code on terrorism and other crimes and brought to justice due to endangering the lives of Azerbaijani people, damaging their health, and causing significant property damage by carrying out explosions in order to disturb public safety and create panic among the population.
As well as, it has been revealed that Azerbaijanis, captured or taken hostage in 1991-1999, have been tortured by the citizens of the Republic of Armenia Ludvig Mkrtchyan and Alyosha Khosrovyan, who were captured in the liberated territories of Azerbaijan from the occupation during the Patriotic war, they were charged under the relevant articles of the Criminal Code and brought to justice after the completion of the preliminary investigation on the criminal case against them.
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