Prosecution outlines sentences for 15 Armenian defendants in Baku court - PHOTO
The open court session in the criminal cases against Armenian citizens Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan and others, who are charged with crimes against peace and humanity, war crimes, including the preparation and conduct of an aggressive war, genocide, violations of the laws and customs of war, as well as terrorism, financing terrorism, the violent seizure and retention of power, and numerous other offences arising from Armenia’s military aggression against Azerbaijan, continued on November 13, News.Az reports, citing AZERTAC.
The court session at the Baku Military Court, chaired by Judge Zeynal Agayev and composed of Judges Jamal Ramazanov and Anar Rzayev (with reserve judge Gunel Samadova), provided each defendant with an interpreter in their preferred language, as well as defence lawyers.
The session was attended by the defendants, their counsel, several victims, their legal successors and representatives, as well as prosecutors representing the state.
The hearing continued with the closing statements delivered by the prosecutors.
Tughay Rahimli, Assistant to the Prosecutor General on special assignments, spoke first and outlined his position on the legal characterisation of the criminal acts included in the charges against the defendants.
He noted that UN Security Council Resolutions 822, 853, 874 and 884 affirm that Azerbaijan’s sovereign territories were occupied as a result of Armenia’s military aggression, thereby confirming that Armenia waged an aggressive war against Azerbaijan.
The closing statement further asserted that Armenia’s aggressive war against Azerbaijan had not in fact ceased, even during periods when no active hostilities were taking place.
During the aggressive war, Armenian armed forces repeatedly violated the ceasefire, targeting members of the Armed Forces of the Republic of Azerbaijan operating lawfully on their own territory, as well as civilians, their property, state facilities used for civilian purposes, and religious, educational, scientific and medical institutions. Armenian forces also targeted locations housing the sick and wounded, and strategically important infrastructure, including the Baku–Tbilisi–Ceyhan oil pipeline.
It was further stated that the systematic and geographically widespread torture committed by Armenian armed forces demonstrates that the use of torture reflected Armenian state policy.
The prosecution stressed that Additional Protocol I to the Geneva Conventions considers “the transfer by the occupying power of parts of its own civilian population into the territory it occupies” a crime. It was noted that, during the court investigation, defendants Arayik Harutyunyan, Arkadi Ghukasyan and Bako Sahakyan confirmed in their testimony the transfer of civilians from Armenia to the occupied regions of Azerbaijan, particularly the Lachin district.
These facts were also supported by letters reviewed during the investigation, information from Armenian sources and data obtained from online resources.
The prosecution emphasised that Armenia’s military aggression targeted not only Azerbaijani military personnel but also major cities and districts, including Ganja, Barda, Agjabedi, Yevlakh, Mingachevir, Zardab, Kurdamir, Gabala and others, which were subjected to attacks.
The evidence examined in court confirmed that Armenia occupied Azerbaijan’s sovereign territories and committed crimes against peace and humanity, war crimes and numerous other particularly serious offences during and after its military aggression.
Subsequently, Vusal Aliyev, Senior Assistant to the Prosecutor General, and Nasir Bayramov, Head of the Department for Upholding State Prosecution at the Prosecutor General’s Office, presented the prosecution’s recommendations regarding the penalties to be imposed for each offence with which the defendants are charged.
During their speeches, the prosecutors also proposed that the court drop certain points from the charges and reclassify some of the defendants’ actions under provisions of the criminal law that carry lighter penalties.
It was noted that although defendants Arkadi Ghukasyan, Bako Sahakyan and Madat Babayan are charged with crimes punishable by life imprisonment — and these charges were proven during the court investigation — the Criminal Code of the Republic of Azerbaijan prohibits the imposition of life imprisonment on individuals who have reached the age of 65 before the final court decision is issued.
The prosecution proposed that Arayik Vladimiri Harutyunyan be found guilty of committing the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts posing a threat to aviation safety; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. The prosecution requested that he be sentenced to life imprisonment, to be served in a prison facility. His sentence should be calculated from the date of his detention — 3 October 2023.
Regarding Levon Henrikhi Mnatsakanyan, the prosecution proposed that he be found guilty of committing the crimes specified in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts posing a threat to aviation safety; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. The prosecution requested that he be sentenced to life imprisonment, to be served in a prison facility. His sentence should be calculated from the date of his detention — 29 September 2023.
The prosecution requested that David Azati Manukyan be found guilty of committing the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts endangering aviation safety; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A life sentence in prison was proposed, to be calculated from the date of his detention — 27 September 2023.
The prosecution proposed that Davit Rubeni Ishkhanyan be found guilty of the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts endangering aviation safety; an attempt on the life of a state figure; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. The prosecution requested a life sentence in prison, calculated from the date of his detention — 3 October 2023.
The prosecution proposed that David Klimi Babayan be found guilty of committing the crimes specified in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts endangering aviation safety; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A life sentence in prison was proposed, to be calculated from the date of his detention — 28 September 2023.
Regarding Arkadi Arshaviri Ghukasyan, the prosecution proposed that he be found guilty of committing crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts endangering aviation safety; an attempt on the life of a state figure; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. The prosecution proposed a 20-year prison sentence, with the first 10 years to be served in a prison facility and the remainder in a strict-regime correctional institution. His sentence shall be calculated from the date of his detention — 3 October 2023.
Regarding Bako Sahaki Sahakyan, the prosecution requested that he be convicted of the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; mercenarism; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; illegal entrepreneurship; terrorism; financing terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; acts endangering aviation safety; an attempt on the life of a state figure; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A 20-year sentence was proposed, with the first 10 years to be served in prison and the remainder in a strict-regime correctional institution. His sentence should be calculated from the date of his detention — 3 October 2023.
Regarding Madat Arakeli Babayan, the prosecution requested that he be convicted of the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; attacking persons entitled to international protection; genocide; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; violations of the laws and customs of war; violations of international humanitarian law; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; an attempt on the life of a state figure; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. The prosecution requested a 20-year sentence, with the first 10 years in prison and the remainder in a strict-regime correctional institution. The sentence should be calculated from his detention — 21 September 2023.
Regarding Melikset Vladimiri Pashayan, the prosecution requested that he be convicted of the crimes specified in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A 20-year sentence was requested, with the first 10 years in prison and the rest in a strict-regime institution. The sentence should be calculated from 21 September 2023.
The prosecution proposed that Garik Grigori Martirosyan be found guilty of the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; destruction of the population; slavery; the forced transfer of the population; persecution; enforced disappearances; unlawful deprivation of liberty; torture; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A 19-year sentence was requested, with the first 10 years in prison and the remainder in a strict-regime correctional institution. The sentence should be calculated from 21 September 2023.
Regarding Davit Nelsoni Allahverdiyan, the prosecution proposed that he be found guilty of the crimes listed in the Criminal Code of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; destruction of the population; the forced transfer of the population; persecution; enforced disappearances; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. An 18-year sentence was proposed, with the first 10 years in prison and the remainder in a strict-regime correctional institution. The sentence should be calculated from 21 September 2023.
Regarding Levon Romiki Balayan, the prosecution asked that he be convicted of the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; destruction of the population; the forced transfer of the population; persecution; enforced disappearances; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A 17-year prison sentence was proposed, with the first 10 years in prison and the remainder in a strict-regime institution. The sentence should be calculated from 21 September 2023.
The prosecution requested that Vasili Ivani Beqlaryan be found guilty of the crimes specified in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; the forced transfer of the population; persecution; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; military plunder; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations and groups not provided for by law. A 16-year sentence was proposed, with the first 10 years in prison and the remainder in a strict-regime correctional institution. The sentence should be calculated from 26 September 2023.
Regarding Gurgen Homerosi Stepanyan, the prosecution proposed that he be convicted of the crimes listed in the Criminal Code, including planning and conducting an aggressive war; destruction of the population; the forced transfer of the population; persecution; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating illegal armed formations. A 16-year sentence was proposed, with the first 10 years in prison and the remainder in a strict-regime institution. The sentence should be calculated from 21 September 2023.
The prosecution requested that Erik Roberti Ghazaryan be convicted of the crimes listed in the Criminal Code of the Republic of Azerbaijan, including planning, preparing, initiating and conducting an aggressive war; the forced transfer of the population; persecution; violations of the laws and customs of war; violations of international humanitarian law during armed conflict; intentional murder; terrorism; creating a criminal association; the illegal acquisition, transfer, sale, storage, transportation and carrying of weapons, ammunition, explosives and devices; the violent seizure and retention of power; the violent change of the constitutional order; and creating armed formations not provided for by law. A 16-year sentence was proposed, with the first 10 years in prison and the remainder in a strict-regime correctional institution. The sentence should be calculated from 27 September 2023.
The prosecution also requested that the court issue a decision on the physical evidence in accordance with the Criminal Procedure Code of the Republic of Azerbaijan. Prosecutors asked the court not to alter the preventive measures applied to the defendants until the verdict enters into legal force.
In court, representatives of the victims stated that the charges against the accused were fully proven by the evidence examined during almost a year of judicial proceedings, including case materials, witness and victim testimony, expert findings and other evidence.
The victims’ representatives supported the prosecution’s sentencing proposals and asked the court to issue a verdict in line with these recommendations.
The trial will resume on 27 November.
Fifteen defendants of Armenian origin are being prosecuted in this criminal case for numerous offences committed during the aggressive war waged by the Armenian state on the territory of Azerbaijan, in violation of domestic and international law. These crimes were committed in furtherance of military aggression against Azerbaijan and were carried out under the direct leadership or participation of Armenian state officials, military structures, illegal armed formations and others, including through written and verbal orders, instructions and directives; material, technical and personnel support; centralised coordination; and strict operational control. Individuals named in this context include 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.
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