Court rejects appeal of Armenian scout captured in Aghdam - UPDATED

Court rejects appeal of Armenian scout captured in Aghdam - <span style="color: red;">UPDATED
# 15 July 2015 10:45 (UTC +04:00)

The judgment was passed at the hearing presided over by judge Teyyub Mukhtarov behind closed doors. It was noted that Bagdasaryan was sentenced being charged under 11 articles of the Criminal Code of Azerbaijan.

8 articles are about especially grave crimes and 3 about grave crimes.

According to the convict’s appeal, circumstances mitigating his responsibility were not sufficiently considered in the judgment and asks to commute the sentence to a lesser one, judge Teyyub Mukhtarov said.

“The case was thoroughly investigated at the meeting of judicial board, and it was determined that the first hearing demonstrated quite human attitude toward Bagdasaryan. Though he committed crimes constituting great public threat, he was convicted on a lesser charge envisaged in the articles," the judge added.

Mukhtarov upheld the judgment of the first hearing and rejected the appeal.

The preliminary hearing was held on June 8. At the hearing, Bagdasaryan said that he is Azerbaijani citizen and regret his act: “I ask the Court to reduce my sentence as I am an Azerbaijani citizen.”

Ganja Court on Grave Crimes sentenced Arsen Bagdasaryan to 15-year imprisonment in maximum security prison.

The term of his sentence will be calculated from 26 December 2014 – the day of his arrest.

According to the verdict, Arsen Bagdasaryan is exempted from paying court fees (AZN 665.45).

Note that, professional serviceman Bagdasaryan Arsen Edwardovich, who is a member of an Armenian reconnaissance-sabotage group, was captured by Azerbaijani soldiers while attempting to cross the Aghdam part of the contact line of troops on 26 December 2014 and handed over to law enforcement agencies, according to the Republican Military Prosecutor’s Office.

The Military Prosecutor’s Office launched a criminal case under the Criminal Code’s articles 29,120.2.7, 29,120.2.12 and 29,282.2.

The Military Prosecutor’s Office of the Republic of Azerbaijan told APA that the investigation into the fact discovered that senior sergeant A.E. Bagdasaryan who underwent special training in Armenia has served under contract as the first platoon commander of the reconnaissance detachment at military unit 49971 under an armed criminal formation located in the Azerbaijani district of Aghdere occupied by Armenian armed forces.

He was instructed by the commander of the military unit (he has been identified) to kill Azerbaijani citizens with the intention of national hostility and hatred, and to cross to the defense positions of the Azerbaijani Armed Forces to place mines in order to cause explosions in the trenches with the purpose of damaging Azerbaijan’s defense capabilities. On this purpose, Bagdasaryan alongside other members of the criminal group (their names has been identified) crossed the contact line of troops in a secrete way at around 3:00 PM 26 Dec. 2014. They are convicted of placing 3 of the 7 Fugas antipersonnel mines he had in the trench paths frequently used by Azerbaijani soldiers. Thanks to the Azerbaijani soldiers' vigilance, Bagdasaryan was captured on his way back, and mines neutralized.

Necessary investigative measures were then taken, the knife and other items seized from Bagdasaryan as well as one of the mine placed in the ground and the place were two of the mines were neutralized by exploding inspected, forensic medical, complex forensic psychiatric and psychological, etc. examination conducted, witnesses questioned.

Bagdasaryan is charged under the Criminal Code’s articles 218.2 (participation in criminal community), 29,120.2.1 (attempt to a deliberate murder by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community), 29,120.2.7 (attempt to a deliberate murder of two or more persons), 29,120.2.12 (attempt to a deliberate murder on motive of national, racial, religious hatred or enmity), 29,282.2 (attempt to commitment of explosion, arson or other actions directed on destruction or damage of enterprises, constructions, means of communication, means of message and communication, objects of life-support of a population with a view of undermining defensibility and economic safety of the Azerbaijan Republic) and was sentenced to pretrial detention.