Khachatryan Vagif Cherkezovich, who is accused of committing genocide in Meshali village of Khojaly district as part of illegal Armenian armed groups, is being held today in the next session of the criminal case court, APA reports.
The prosecutor in the case, Assistant Chief Prosecutor Mugaddas Sultanov, made a speech and demanded that Vagif Khachatryan be sentenced to 15 years in prison. In his speech, the prosecutor stated that Vagif Khachatryan should spend the first 5 years of his sentence in prison, and the rest in a maximum security colony. In the prosecutor's speech, the reason for asking for a 15-year sentence for Vagif Khachatryan, who was accused of committing the Meshali genocide, was explained.
He is charged with genocide, and crimes against peace and war, and the maximum sentence is life imprisonment. However, the legislation of the Republic of Azerbaijan prohibits the imposition of life imprisonment on persons over 65 years of age. Due to the fact that Vagif Khachatryan is over 65 years old, it is impossible to give him a life sentence.
According to the legislation of Azerbaijan, 20 years of imprisonment is considered the maximum penalty for serious crimes for persons over 65 years of age.
However, Vagif Khachatryan committed these acts in 1991. According to the legislation of Azerbaijan, which was in force until 2014, the sanction limit for crimes against peace and war was imprisonment from 10 to 15 years.
According to the international conventions to which Azerbaijan has joined, a person should be punished according to the legislation applicable to the time when he committed the incident. In other words, the punishment of Vagif Khachatryan according to the existing legislation at the time of the commission of the act, and not within the limits of the current legislation, meets the requirements from a legal point of view.
For this reason, in his speech, the prosecutor asked the person found guilty of the Meshali incident to be sentenced to 15 years in prison, the highest limit for the charges against him, according to the law.