BAKU, Azerbaijan, December 22. The open court hearing in the criminal case against citizens of the Republic of Armenia—Arayik Harutyunyan, Arkadi Gukasian, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others—accused of war crimes, crimes against peace, crimes against humanity, including planning and waging an aggressive war, genocide, violations of the laws and customs of war, terrorism, financing of terrorism, illegal seizure of power, unlawful retention of authority, and numerous other offenses committed as a result of Armenia’s military aggression against Azerbaijan, continued on December 22, TurkicWorld reports.
The session was held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev, with judges Jamal Ramazanov and Anar Rzayev and reserve judge Gunel Sadigova.
Each of the accused was provided with interpreters in their preferred language and defense attorneys, ensuring full compliance with procedural rights.
The hearing was attended by the accused, their defense lawyers, some victims, their legal heirs and representatives, as well as prosecutors representing the state prosecution.
The presiding judge, Zeynal Aghayev, stated that the hearing continued with the final statement of the accused.
It was mentioned that due to the adjournment of the previous hearing, accused David Babayan will continue his statement during the current hearing.
Babayan presented his counterarguments in response to the prosecution’s statements. He said that the accused persons are innocent.
"I don't consider myself guilty of any charges," Babayan noted.
He also expressed his gratitude to his defense attorneys and translators.
The accused, Levon Mnatsakanyan, said he wanted to deliver his final statement in Russian. He was provided with the opportunity to speak in Russian.
“Karabakh (referring to the so-called regime—ed.) asked Armenia to act as the guarantor of its security, and from that period onward all operations along the line of contact were conducted in accordance with plans prepared by the General Staff of Armenia (meaning the General Staff of the Armed Forces—ed.). I mentioned during the court hearings here that I was drafted into the military in 1992. Taking my officer rank into account, I was appointed deputy commander of a battalion. Nothing else was required to be appointed to this position. However, the prosecution claims that I was appointed based on some other parameters,” he said.
The accused also commented on the prosecution’s statements regarding the participation of mercenaries on their side during the war.
“As far as I know, they were not mercenaries. They were all volunteers; no one recruited them into service, and they weren't paid,” he explained.
Besides, Mnatsakanyan spoke in court about the statements made against him by victim Ilham Mammadov (it should be recalled that during his testimony at the court hearing held on October 2, Mammadov said that he had been beaten and subjected to torture by servicemen of the Armenian armed forces, and that among the officers who beat him, an officer named Levon had displayed particular cruelty. In response to questions from prosecutors representing the state prosecution, the victim pointed to Mnatsakanyan and said that he was the person who had shown cruelty (ed.). He said that Mammadov hadn't been tortured.
He also denied the prosecution’s claims that he participated in planning a military attack in Shushakand during the 44-day war in 2020 and stated that he didn't take part in any military operations at all in 2020 or 2023.
“Yes, I was indeed there (at the school where the meeting was held in Shushakand—ed.). However, I arrived very late, after the meeting had already begun. I had no connection to the meeting. I was not invited there. In the office at that school, I was discussing civil defense issues with the heads of civil defense headquarters of nearby villages. We were talking about evacuating the population from there. They (those holding the meeting—ed.) came there and asked for a room to hold a two-hour meeting. The chairman allocated that office to them. That is, he made use of my absence and gave them the office I was using. When I arrived, the meeting was already underway. I entered the room and sat aside with Artur Aghabekyan. This was simply a coincidence.
From the meeting, it became clear to me that three reserve battalions, one tank battalion, and one artillery division had been prepared for combat. As a result of that operation, the road was to be blocked where supply operations were being carried out, that is, where the military personnel were being provided with supplies. The person responsible for the armed forces preparing the attack on Shusha was Samvel Babayan. They discussed all the issues, determined the timing of the operation, and left. They set the time for 5 a.m. the next day. After the organizers left, the participants began to express dissatisfaction, saying that the preparatory work had not been fully carried out and that they were not fully ready. They said they had not been given time to properly prepare for the operation and therefore were refusing to participate. I asked why they were saying this now and why they had not said it during the meeting. I did not receive an answer from them and didn't interfere in their work. I thought that this was their own matter,” the accused said.
Speaking about the April battles that took place in 2016, the accused said that at that time he was an 'army commander' (commander of the largest formation of the Armenian armed forces—ed.). He denied the prosecution’s evidence and the statements of the victims regarding the April battles and said that they did not attack the positions of Azerbaijani servicemen.
The court proceedings will continue on December 23.
Fifteen defendants of Armenian origin are accused in the criminal case concerning numerous crimes committed during the aggressive war waged by the Armenian state—including the aforementioned criminal association - on the territory of Azerbaijan, in violation of domestic and international legal norms. These crimes were committed for the purpose of military aggression against Azerbaijan and were carried out under the direct leadership and participation of the Armenian state, officials of its state institutions, its armed forces, and illegal armed formations, through their written and verbal orders, instructions, and guidelines; material, technical, and personnel support; centralized management; as well as under strict control and under the leadership and direct or indirect participation of Robert Sedraki Kocharyan, Serzh Azati Sargsyan, Vazgen Mikaeli Manukyan, Vazgen Zaveni Sargsyan, Samvel Andraniki Babayan, Vitali Mikaeli Balasanyan, Zori Hayki Balayan, Seyran Musheghi Ohanyan, Arshavir Surenovich Garamyan, Monte Charles Melkonyan, and others.
The following individuals—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, and Melikset Vladimiri Pashayan—are being charged under the following articles of the Criminal Code of the Republic of Azerbaijan: Article 100 (planning, preparing, initiating, and waging a war of aggression); Article 102 (attacking persons or organizations enjoying international protection); Article 103 (genocide); Article 105 (extermination of the population); Article 106 (enslavement); Article 107 (deportation or forced displacement of population); Article 109 (persecution); Article 110 (enforced disappearance of persons); Article 112 (deprivation of liberty contrary to international law); Article 113 (torture); Article 114 (mercenary service); Article 115 (violation of the laws and customs of warfare); Article 116 (violation of international humanitarian law during armed conflict); Article 118 (military robbery); Article 120 (intentional murder); Article 192 (illegal entrepreneurship); Article 214 (terrorism); Article 214-1 (financing terrorism); Article 218 (creation of a criminal organization); Article 228 (illegal acquisition, transfer, sale, storage, transportation, and possession of weapons, ammunition, explosives, and devices); Article 270-1 (acts threatening aviation security); Article 277 (assassination of a state official or public figure); Article 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state); Article 279 (creation of armed groups not provided for by law); and additional articles.
