Baku, Azerbaijan, April 18. 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 18.
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 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 explained the rights and obligations
stipulated by the legislation to those pf the victims who were
participating in the hearings for the first time.
Then the victims made their statements and answered the
questions asked of them by the prosecutors in charge of public
prosecution, representatives of the victims and defense
attorneys.
Victim Yashar Almammadov said that he was born in the city of
Khojaly in 1956 and lived there with his family. He said that he
knew the accused Bako Sahakyan, Arkadi Gukasyan and Madat
Babayan.
Yashar Almammadov said that on February 25, 1992, he was at a
post in the railway section of the city, that armored vehicles
coming from the direction of Khankendi began to take positions
around the city at about 8 pm and that at about 11 pm the city was
attacked. He noted that at night, after the Armenian armed forces
had entered the city with the participation of the 366th motorized
rifle regiment, they went into the forest with the residents. As a
result of the Armenian military firing on them, many people were
killed.
Answering the questions of the Assistant to the Prosecutor
General for Special Assignments, Tugay Rahimli, Yashar Almammadov
said that on February 27, they were taken hostage and driven to a
stable near the village of Pirjamal. A little later, about 50 more
Khojaly residents were brought there. According to him, the
prisoners were subjected to unprecedented torture. He himself was
beaten after being made to stretch out on the snow. After being
held in Pirjamal village for two days, they were taken to the city
of Khankendi. The prisoners were beaten and tortured there too, and
then brought to Asgaran on March 1. An Armenian named Karo, who
worked as a fire safety chief at the Police Department, beat him
with a baton until he lost consciousness. Yashar Almammadov was
handed over to the Azerbaijani side on March 2, 1992.
Answering the questions of public prosecutor Tarana Mammadova,
the victim said that his arm, finger, ribs and leg were fractured
and he suffered other injuries while in captivity. Yashar
Almammadov also said that the accused Madat Babayan had injured him
with a bayonet and knife. He said, “Armenian soldiers, personally
Madat Babayan, tortured me. When I was a prisoner, Madat approached
me, kicked me, said ‘you are a Turk’, and insulted me. He took out
his bayonet and stabbed me.
While answering the questions of public prosecutor Vusal
Abdullayev, the victim noted that they had cut off both legs below
the knee of a woman named Khadija. “Ahiska Turks also lived in
Khojaly. Madat Babayan and soldiers in his armed group shot and
killed two brothers, who were Ahiska Turks, right in front of other
people. They took some Azerbaijanis and beheaded them on the
graves, while some others were hanged in the church.”
In response to questions from the Senior Assistant to the
Prosecutor General, Vusal Aliyev, Yashar Almammadov said that his
brother Faig Almammedov was killed by Armenians, while his other
brother Namig Almammadov was taken prisoner and is still
missing.
The forensic and medical expert opinion on the victim was also
announced in court.
Then victim Sovet Allahverdiyev made a statement. Saying that he
was born in Khojaly in 1954 and lived there, he noted that his
father, two brothers and nephew went missing during the Khojaly
genocide, while two more brothers and mother were taken
hostage.
In response to questions from the Head of the Public Prosecution
Department of the Prosecutor General’s Office, Nasir Bayramov, the
victim said, “They closed all the roads in the early hours of
February 26 so that we could not leave. They committed genocide
against all of us because we were Azerbaijanis. Fifty percent of
the murdered were those killed in the so-called ‘corridor’. They
allegedly allowed people the opportunity to leave. In Aghdam,
corpses were brought from the forest. Most of the corpses there
were unrecognizable. Their heads had been skinned, brains and
skulls had been dismembered. We only recognized people by their
clothes.”
He also said that when the bodies of 18 of the people killed
during the Khojaly genocide were found in Khojaly in 2023, their
legs and arms were tied with a wire.
The court examined the investigation protocols regarding the
events that took place in the early hours of February 26, 1992.
Then it was announced that footage related to the Khojaly
genocide was going to be shown, and those with a weak heart were
advised to leave the courtroom given the disturbing nature of the
video.
The video contained images of the bodies of men and women of
different ages, including children and the elderly. Some of the
bodies had their skin peeled off, their eyes hollowed out, some had
their limbs cut off.
Some of the acted as though the video allegedly had a bad effect
on them too.
Then protocols on the Khojaly genocide were disclosed in
court.
During the examination of other documents during the trial,
photographs taken by photojournalist Victoria Ivleva and an article
in “Izvestia” newspaper about Yerevan’s assessment of the
developments as a military achievement were shown.
Also shown was an interview by Serzh Sargsyan, the former
Minister of Defense and President of Armenia, to British journalist
Thomas De Vaal, in which he admitted that the tragedy was part of
ethnic cleansing. Serzh Sargsyan said during the interview that he
did not regret what was done in Khojaly.
Commenting on Serzh Sargsyan’s opinions, public prosecutor Tugay
Rahimli said that his words confirm that the Khojaly genocide was
committed by Armenia in a deliberate and systematic manner.
Then the accused Madat Babayan, whose involvement in the Khojaly
genocide has been established determined, was questioned.
He confirmed that he was in Khojaly on February 25 and 26, 1992.
He said, “We were taken there by our commander. His name was Henrik
Tamrazyan. The goal was to remove Azerbaijanis from Khojaly.”
Madat Babayan said that there were 20 people in his unit and
that there were other gangs. He added that he remembered that
commanders were named Rembert Karapetyan and Valery Sargsyan.
“I remember Valery Petrosyan, David Grigoryan, Albert Grigoryan,
Shirin Shirinyan, Spartak Hakobyan from our unit,” he said.
The accused said that Arkady Shirinyan, nicknamed “Kholostoy”,
gave all the orders in Khojaly. He added, “Vanik Petrosyan gave us
the orders. Vanik gave the order to shoot and kill unarmed people.
Vanik and Arkady cut off people’s fingers, as well as the ears of
corpses.”
Answering the questions of public prosecutor Fuad Musayev, Madat
Babayan confirmed that weapons had arrived in Khojaly and that
armored vehicles were used. The accused admitted to participating
in the killing of unarmed people. He said, “We made a mistake”.
He added that he saw about 150 corpses in Khojaly, including
children, the elderly and women. The bodies were loaded onto
vehicles and taken away by Armenian soldiers.
At this moment, victim Yashar Almammadov took the floor and
asked Madat Babayan about his missing brother. “Your group took my
brother Namig. Where did you take him? Tell me where my brother is,
so we can at least find his bones. His wife was pregnant at the
time, and she later had a son. Now my brother’s son is 33 years old
and his hair is already gray from pain. Where is my brother? Tell
me where he is!”
Madat Babayan claimed in response that he did not know Namig
Almammadov.
Then the representative of the victims, Shaig Huseynov, appealed
to the court and expressed his objection to the accused David
Ishkhanyan helping Madat Babayan answer questions.
Presiding judge Zeynal Aghayev changed David Ishkhanyan’s seat
in the dock.
Then Madat Babayan’s statement made during the preliminary
investigation into the Khojaly genocide was announced and video
footage made at the scene during the preliminary investigation was
shown.
The next hearing is scheduled for April 21.
We recall that 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.