Documents related to Khojaly Genocide and Garakand tragedy examined in Baku court – UPDATED

The open court hearing regarding the criminal cases of citizens of the Republic of Armenia-Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others-accused of crimes against peace and humanity, war crimes, including the preparation and conduct of an aggressive war, genocide, violation of war laws and customs, terrorism, financing of terrorism, forcible seizure and retention of power, and numerous other crimes resulting from Armenia"s military aggression against Azerbaijan, continued on September 22.

According to Report, the trial, held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev, with judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samadova), ensured that all accused persons were provided with translators in their preferred language and defense lawyers.

The session was attended by the accused, their defense attorneys, some of the victims, their legal heirs and representatives, as well as prosecutors defending the state"s charges.

Accused Arayik Harutyunyan"s lawyer submitted a motion, noting that, given the large number of documents announced in court, a partial examination of the evidence should be carried out. He said that if any episode is of interest to the accused and the defense attorney, then the court must be applied to and the evidence related to that episode must be examined.

Accused Arayik Harutyunyan said he supported the motion, and the other defense attorneys and affected persons, public prosecutors, victims and their representatives did not object.

Judge Zeynal Aghayev mentioned that the court granted the motion.

Then, the lawyer of the accused Bako Sahakyan requested that copies of those documents be submitted to familiarize himself with the statements of the party he was defending.

The judge noted that they could obtain those documents by contacting the court secretary.

The court proceeded with the examination of the documents, stating that they will be reviewed episode by episode.

According to a document presented during the trial, on August 23, 1991, Armenians opened fire with automatic weapons on a UAZ car in the Jamilli village of the Asgaran district, which resulted in killing of N.F. Salahov, V.I. Sadikhov, and M.S. Abdullayeva, and leaving many other passengers wounded.

One of the documents announced concerned the intensive shelling of the villages of Malibayli and Gushchular of Shusha district in February 1992 from large-caliber and small firearms, and the attack on both villages using heavy machine guns. As a result of these events, a dozens of Malibayli village residents were killed and several others went missing, while several people were killed and dozens were taken hostage in the village of Gushchular.

Another criminal case - during the examination of the document on the shelling of a "Laz" bus in Khojavend district on September 8, 1991, it was reported that as a result of the shelling of the bus by Armenians armed with automatic weapons near the farm of the village of Kish, several people were killed on the spot and dozens were injured.

Another document related to the shelling of the village of Kheyrimli in the Gazakh district by armed men from various types of weapons on November 4-5, 1991, as a result of which many residents of that village were killed and suffered injuries of varying degrees.

Accused David Manukyan requested the court to summon Nikol Vova Pashinyan, a citizen of the Republic of Armenia (Prime Minister Nikol Pashinyan - ed.), as a witness or to join the trial via videoconference.

Accused David Babayan requested the judge to invite the "Co-Chairs of the OSCE Minsk Group", particularly Ambassador Andrzej Kasprzyk, as well as Armenian Foreign Minister Ararat Mirzoyan, as witnesses. "Those people know us and we have had direct contact. They would be very valuable witnesses," he added.

Accused Davit Ishkhanyan requested the court to invite 6 generals of the Russian peacekeepers who were once in the territories of Azerbaijan - General Muradov, General Kosabokov, General Anashkin, General Volkov, General Lentsov and General Kulakov - as witnesses.

"I have a number of questions for them, given their direct or indirect contact with the 15 people present. I repeat: directly or indirectly. I think the court will also have questions for them. Even if it is not possible, I request you to ensure their participation via video link," he added.

Senior Assistant to the Prosecutor General Vusal Aliyev emphasized that at this stage the documents submitted by the prosecution are being studied as he commented on the motion submitted.

He also noted that the individuals whose names were mentioned have no connection to the charges brought against the accused, and currently pending in court.

Therefore, it was stated that there is no need for them to be questioned as witnesses or any other person in court.

The prosecutor defending for the state prosecution requested the court to deny the motion.

The presiding judge rejected the motion after considering the arguments presented.

The judge's justification for the decision was that the defense motion did not adequately detail the circumstances to be investigated, nor did it show their importance to the case.

The court proceeded with the examination of documents.

The document announced on November 20, 1991 related to the shooting down of a military helicopter stated that 22 people, including Prosecutor General of Azerbaijan, State Counselor of Justice of the 3rd degree Ismat Gayibov, State Counselor on Defense and State Security, Major General of Militia Mahammad Asadov, Secretary of State Tofig Ismayilov, Deputy Prime Minister Zulfi Hajiyev, MPs Vagif Jafarov and Vali Mammadov, Head of Department of the Presidential Administration, journalist Osman Mirzayev, Deputy Minister of Internal Affairs of Kazakhstan, Major General Saylal Serikov Dosumovich, member of the Union of Journalists of Azerbaijan, TV journalist Ali Mustafayev and others were killed during the incident.

An inspection of the scene was conducted in the village of Garakand, Khojavend district, and a bullet-pierced fragments the helicopter, etc. were discovered.

Another document was related to the fact of the murder of Asgarova Salatin Aziz gizi and others.

The document related to the passenger helicopter on January 28, 1992 indicates that the helicopter was shot down by the Armenian armed forces with a missile. The helicopter crashed into a dirt road and exploded, claiming 42 lives.

The documents of the criminal case regarding the Khojaly genocide were also presented. It was mentioned that the inspection of the scene was carried out by flying over the area by helicopter, during which houses were observed burning in flames in the city of Khojaly, the bodies of about 500 people were found on the streets of the city, damaged and burned cars and buses of various types, and soldiers of the Armenian armed forces were observed walking on the streets. At that time, the same Armenian armed forces also fired from automatic weapons at the helicopter carrying the investigation and operational group.

According to the documents, Ilgar Jafarov, a photo correspondent of Azerinform (now AZERTAC – ed.), who testified as a witness, stated that on February 26, 1992, upon receiving information about the Khojaly tragedy, he rushed to the area. Early on March 1, in front of the Aghdam city mosque, he recorded the tragedy with photographs of civilians who had survived the Khojaly massacre, who had been frozen to death while fleeing, and those who were waiting for the bodies of their loved ones who had been killed in Khojaly by Armenian soldiers, as well as the bodies that were brought.

Ogtay Mammadov, a reporter for the Main Photo Information Editorial Office, who was questioned as a witness, testified that on March 3, 1992, he went to the Baku emergency hospital and took photographs of the wounded people brought from Khojaly. Of these, although he remembered the identities of 8-year-old Khatira Orujova, whose parents were both killed, 18-year-old Khuraman, whose two brothers were killed before his eyes, and 13-14-year-old Mubariz Hamidov and Mubariz Mahmudov, whose feet were frostbitten in a snowy area in a forest near the village of Nakhchivanli while fleeing from the Armenian armed forces" shelling, adding that he had no information about the other individuals.

The court also announced the statements of Mikhail Chanurov, editor-in-chief of the Photo chronicle section of "Azerinform", and Mais Mammadov, head of the correspondent station of "Ostankino" TV and Radio Company in the Republic of Azerbaijan, who were interrogated as witnesses.

The examination of the documents was accompanied by relevant photos from the criminal cases.

Public prosecutor Fuad Musayev submitted a motion and requested that the press interview of the former Deputy Minister of Defense of Armenia Manvel Grigoryan be examined as evidence, since the criminal events that occurred in 1991-1992 were being investigated at the court hearing.

The judge granted the public prosecutor's motion.

During the trial, accused Davit Ishkhanyan requested to be given the opportunity to have a confidential meeting with his lawyer, which was granted by the court.

In the video interview presented following the confidential meeting, M. Grigoryan said that he was involved in crimes committed against the state and people of Azerbaijan. In his interview, he also highlighted the activities of the criminal organization he led, and how its members were deployed to Azerbaijani territories being armed. "We even kidnapped them from the road, caught them, beat them, and threatened them so that they would not come... Both Armenians and Turks were together at the Aghbulag school, it was a large school. We were working with children in schools so that they would beat the Turks...", said M. Grigoryan, adding in his interview that "knowing everything, that is, we were in control...."

The court proceedings will continue on September 25.

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.

12:08

A court session is underway at the Baku Judicial Complex in a criminal case involving individuals of Armenian origin who are accused of committing war crimes.

According to Report, the proceedings are being presided over by judge Zeynal Aghayev of the Baku Military Court.

Victims' testimony was heard during the previous session.