Court hearings on the criminal case against citizens of the Republic of Armenia Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, Davit Babayan, Lyova Mnatsakanyan and others, who are accused of committing crimes against peace and humanity, war crimes, including the preparation and conduct of a war of aggression, acts of genocide, violation of the laws and customs of warfare, as well as terrorism, financing of terrorism, forcible seizure of power, forcible retention of power and numerous other crimes as a result of Armenia's military aggression, was continued on April 21.
The hearings held at the Baku Military Court were presided over by Judge Zeynal Aghayev and a panel consisting of Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova). Each of the accused was provided with an interpreter into the language of their choice, as well as defense attorneys.
Present at the hearings were the accused persons and their defense attorneys, some of the victims, their legal successors and representatives, as well as prosecutors in charge of public prosecution.
Judge Zeynal Aghayev introduced the judicial panel, interpreters, and others to the victims participating in the process for the first time, and also explained their rights and duties as provided by law.
During the court session, the accused persons answered questions from prosecutors supporting the state accusation regarding the Khojaly genocide committed on the night of February 25-26, 1992, and the deliberate destruction of innocent people specifically because they were Azerbaijanis.
The accused person, Arkadi Ghukasyan, in response to questions from the Prosecutor General's senior assistant Vusal Aliyev, said that he first learned about what happened in Khojaly in February 1992 as a result of "official information" being released: "At that time, we did not know the scale of the tragedy. We knew that there were hundreds of Azerbaijanis brought from Khojaly to Khankandi. They were later handed over to the opposing side." He also emphasized that he condemned the killing of civilians, noting: "This is unacceptable, it is one of the bloody pages of the war."
Ghukasyan stated that during the Khojaly genocide, the leadership of the self-proclaimed regime was under Artur Mkrtchyan, while the military was led by Arkadi Ter-Tadevosyan, also known by his nom-de-guerre “Komandos”, who held various leadership positions in the Armenian armed forces.
He added that the leader of the newly formed "self-defense forces" at that time was Serzh Sargsyan. He later said: "I am against all wars. But if it happens, the laws of war must be observed."
The accused person, Bako Sahakyan, while answering questions from Nasir Bayramov, head of the department at the General Prosecutor's Office for the Defense of State Prosecution, claimed that he did not have deep and detailed information about the Khojaly events. Referring to video materials and documents shown in court, he stated: "I did not know in such detail. But this does not change my position. I condemned such events then, and I condemn them now."
The accused person mentioned that he had heard about the participation of the former Soviet army's 366th motorized rifle regiment in the Khojaly genocide, and that Seyran Ohanyan, who later became Armenia's defense minister, served in that regiment.
The accused person, Davit Ishkhanan, in response to questions from state prosecutor Vusal Abdullayev, said that what was shown in the footage of the Khojaly genocide was savagery. He stated that during the events, he was a "deputy" in the self-proclaimed regime.
The accused person, Davit Babayan, while answering questions from state prosecutor Fuad Musayev, stated that he was not a participant in the Khojaly genocide and the occupation of Khojaly. He said that during the Khojaly events, those who wanted to resolve the issue by force achieved their goals. "Various groups participated in this operation," he emphasized.
Babayan also said that even a medal "for the liberation of Khojaly" was "established" in the self-proclaimed regime.
The representative of the victims asked, "If, as Armenia claims, there was a corridor for civilians to leave during the Khojaly genocide, why were they not allowed to leave, and as Arkadi Guksayan also said in court, hundreds of Azerbaijanis were taken to Khankandi?" Babayan could not answer this question. Instead, he said, "How can one justify what was done to children and civilians?! This is barbarism."
In response to questions from state prosecutor Tarana Mammadova, the accused Arayik Harutyunyan stated that he considered the Khojaly events to be the greatest tragedy of the First Karabakh War. He claimed that there were no discussions about the Khojaly operation in the self-proclaimed regime and said: "For example, several books have been written about the Shusha operation. That's why we know who participated there and how it happened. But there were no discussions about the Khojaly operation. At that time, the main military leader was Arkadi Ter-Tadevosyan. Probably, the military operations in Khojaly were carried out with his instructions and consent."
Harutyunyan said that in any case, this was an unforgivable tragedy.
Later, the court examined the report document of the "Memorial" Human Rights Center regarding the mass violations of human rights during the occupation of the Khojaly settlement on February 25-26, 1992.
The organization's report document states that during the operation resulting in the occupation of Khojaly by Armenian military personnel, mass killings of the population and violations of human rights on national grounds took place.
"After Khojaly was captured by Armenian military personnel, the remaining civilian population was deported. These actions were carried out in an organized manner," the document notes.
According to the document, the majority of the deported population was detained in Khankandi, which is a clear indication that the so-called regime "authorities" had a relevant order regarding this.
The mass killing of peaceful civilians cannot be justified under any circumstances.
The "Memorial" human rights center confirms that Armenia's actions against the civilian population in Karabakh during the attack on Khojaly grossly contradict the Geneva Conventions, as well as the relevant articles of the Universal Declaration of Human Rights.
The next court session is scheduled for April 24.
A total of 15 Armenian nationals are being charged with numerous crimes involving direct leadership and participation of the Armenian state, its state bodies, military forces and illegal armed formations, verbal and written instructions, orders and assignments, provision of material and technical support, central governance, as well as the exercise of rigorous control, with the aim of committing military aggression and acts of terror against the Republic of Azerbaijan in the territory of Azerbaijan in violation of domestic and international law, and involving Robert Sedraki Kocharyan, Serzh Azati Sargsyan, Vazgen Mikaeli Manukyan, Vazgen Zaveni Sargsyan, Samvel Andraniki Babayan, Vitali Mikaeli Balasanyan, Zori Hayki Balayan, Seyran Mushegi Ohanyan, Arshavir Surenovich Garamyan, Monte Charles Melkonyan and others, including criminal acts committed during the course of the war of aggression waged by the aforementioned criminal group.
The said persons, i.e. 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, Melikset Vladimiri Pashayan, are being charged under Articles 100 (planning, preparing, initiating and waging a war of aggression), 102 (attacking persons or organizations enjoying international protection), 103 (genocide), 105 (extermination of the population), 106 (enslaving), 107 (deportation or forced displacement of the population), 109 (persecution), 110 (enforced disappearance of people), 112 (deprivation of liberty contrary to international law), 113 (torture), 114 (mercenary service), 115 (violation of the laws and customs of warfare), 116 (violation of international humanitarian law during armed conflict), 118 (military robbery), 120 (intentional murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing terrorism), 218 (creation of a criminal association (organization)), 228 (illegal acquisition, transfer, sale, storage, transportation and possession of weapons, their components, ammunition, explosives and devices), 270-1 (acts threatening aviation security), 277 (assassination of a state official or public figure), 278 (forcible seizure and retention of power, forcible change of the constitutional structure of the state), 279 (creation of armed formations and groups not provided for by law) and other articles of the Criminal Code of the Republic of Azerbaijan.