Court proceedings against Armenians continue with final statements
The open court hearing in the criminal case against citizens of Armenia — Arayik Harutyunyan, Arkadi Gukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others — resumed in Baku on December 22. They are charged with 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.
The session was held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev, alongside judges Jamal Ramazanov and Anar Rzayev, with reserve judge Gunel Samadova also present, News.Az reports, citing AZERTAC.
Each defendant was provided with interpreters in their preferred language and defense attorneys, ensuring full compliance with procedural rights.
The hearing was attended by the defendants, their defense lawyers, several victims, their legal heirs and representatives, as well as prosecutors representing the state prosecution.
Presiding Judge Zeynal Aghayev stated that the court proceedings were continuing with the defendants’ final statements.
It was noted that due to the adjournment of the previous hearing, defendant David Babayan would continue his statement during the current session.
David Babayan presented his counterarguments in response to the prosecution’s statements, asserting that the defendants were innocent. “I do not consider myself guilty under any article,” he said.
In his statement, Babayan expressed gratitude to the defense attorneys and translators.
Defendant Levon Mnatsakanyan requested permission to deliver his final statement in Russian, which the court granted.
The defendant stated: “Karabakh (the illegal regime – ed.) requested Armenia to act as its security guarantor, and from that period onward, all operations on the line of contact were carried out in accordance with plans prepared by the General Staff of the Republic of Armenia (the General Staff of the Armed Forces – ed.).
“I mentioned during the hearings that I was conscripted into military service in 1992. Given my officer rank, I was appointed deputy commander of the battalion. Nothing else was required to be appointed to this position. However, the prosecution claims that I was appointed based on some other parameters.”
The defendant also addressed the prosecution’s claims that mercenaries fought on behalf of the Armenians during the war: “As far as I know, they were not mercenaries. They were all volunteers. No one recruited them for service, and they were not paid.”
Mnatsakanyan also responded to claims made by victim Ilham Mammadov. (During the hearing on October 2, Mammadov stated that Armenian soldiers beat and tortured him. He described one officer as particularly cruel and later learned that his name was Levon. In response to questions from the state prosecutor, Mammadov identified defendant Levon Mnatsakanyan as the perpetrator.) Mnatsakanyan stated that no torture had been inflicted on the victim.
He also denied the claims of the state prosecution regarding his involvement in planning the attack on Shushakand during the 44-day war in 2020, adding that he was not involved in any military operations between 2020 and 2023. The defendant stated: “Yes, I was there (the meeting at the school in Shushakand – ed.). However, I joined the meeting after it had already begun. I had nothing to do with the meeting. I was not invited. I was discussing civil defense issues with the heads of civil defense of the surrounding villages in one of the school’s classrooms. We were discussing the evacuation of civilians. They (the meeting participants – ed.) later came and requested a room to hold a two-hour meeting. The chairman then allocated that room to them. In other words, he took advantage of my absence and allocated the room I had been using. When I arrived, the meeting was already underway. I entered the room and sat down next to Artur Aghabekyan. It was purely a coincidence.”
“It became clear to me from the meeting that three reserve battalions, one tank battalion, and one artillery division had been prepared for battle. As a result of that operation, the road was to be blocked. Supply operations were underway, meaning the military was being provided with supplies. Samvel Babayan was in charge of the armed forces preparing the attack on Shusha. All issues were discussed. The time for the operation was set, and they left. The operation was scheduled for 5 o’clock the next day. After the organizers left, the participants began expressing dissatisfaction, saying that preparations had not been fully completed and that they were not fully ready. They said they had not been given sufficient time to prepare properly and therefore refused to participate. I asked why they were saying this only afterward and not during the meeting, but I received no answer and did not interfere. I considered it their own matter,” he added.
Speaking about the April battles of 2016, the defendant stated that he was serving as an “army commander” (commander of the largest unit of the Armenian armed forces – ed.) at the time. He denied the prosecution’s evidence and the victims’ statements regarding those events, asserting that Azerbaijani military positions were not attacked.
The court proceedings will resume 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 written and verbal orders, instructions, and directives; material, technical, and personnel support; centralized management; and under strict control, as well as 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 Surenovi Garamyan, Monte Charles Melkonian, and others.
The following individuals—Arayik Vladimiri Harutyunyan, Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Davit Rubeni Ishkhanyan, David Azatini Manukyan, Davit Klimi Babayan, Levon Henriki 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 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 the 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 of 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 other related articles.
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