Documents Related to the Khojaly Genocide, the Garakend Tragedy, and Other Crimes Read Out at the Trial of Armenian Citizens

On September 22, the court session continued on the criminal cases against citizens of the Republic of Armenia — Araik Arutyunyan, Arkady Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, Davit Babayan, Levon Mnatsakanyan, and others — accused of committing crimes against peace and humanity, war crimes including the preparation and waging of aggressive war, genocide, violations of the laws and customs of war, as well as terrorism, financing of terrorism, violent seizure and retention of power, and numerous other crimes.

According to AZERTAC, the court hearing was held at the Baku Military Court under the chairmanship of Judge Zeynal Aghayev with Judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova) presiding. Each defendant was provided with a translator in a language they understand, as well as lawyers for their defense.

The hearing was attended by the defendants, their attorneys, some victims, their heirs and representatives, as well as prosecutors representing the state.

The lawyer of defendant Araik Arutyunyan filed a motion for a partial examination of the evidence, given the large number of documents presented in court. He stated that if a particular episode is of interest to the defendant and his lawyer, it is necessary to petition the court for the examination of the relevant evidence.

Araik Arutyunyan declared that he agreed with the motion, and the other defense attorneys, victims, prosecutors, and victim representatives stated they had no objections.

Judge Zeynal Aghayev announced that the motion was granted.

The lawyer of defendant Bako Sahakyan then requested copies of his client’s testimony for review. The judge responded that these documents could be obtained from the court secretary.

The court proceeded with the study of documents, which were to be examined episode by episode.

One document concerned the shooting of a UAZ vehicle in the village of Jamilli, Askeran district, on August 23, 1991. It was established that as a result of the Armenians’ attack with automatic weapons on the vehicle carrying numerous passengers, N.F. Salahov, V.I. Sadykhov, and M.S. Abdullayeva were killed, and many others wounded.

Another case was related to the heavy shelling by the Armenian army of the villages of Malibeyli and Gushchular in the Shusha district in February 1992, using large-caliber and small arms, followed by attacks with heavy equipment. As a result, many residents of Malibeyli were killed, several went missing, several were killed in Gushchular, and many were taken hostage.

Another document described the attack on a LAZ bus in Khojavend district on September 8, 1991, near the Kish village farm. Armenians armed with automatic weapons opened fire on the bus, killing several passengers instantly and injuring dozens.

Yet another document referred to the shelling of the village of Heyrimli in Gazakh district on November 4–5, 1991, by armed groups using various weapons. Many residents were killed or sustained injuries of varying severity.

Defendant Davit Manukyan requested that Armenian citizen Nikol Vovaevich Pashinyan (Prime Minister Nikol Pashinyan) be summoned as a witness or take part via video conference.

Defendant Davit Babayan petitioned the court to summon the “OSCE Minsk Group Co-Chairs,” particularly Ambassador Andrzej Kasprzyk and Armenian Foreign Minister Ararat Mirzoyan, stating: “These people know us and we had direct contacts with them. They will be very good witnesses.”

Defendant Davit Ishkhanyan requested the court to summon six Russian peacekeeper generals once stationed in Azerbaijan — General Muradov, General Kosobokov, General Anashkin, General Volkov, General Lentsov, and General Kulakov — stating: “I have a number of questions for them. They had direct or indirect contact with the 15 defendants here. I think the court may also have questions for them. Even if direct presence is not possible, their participation via video link can be ensured.”

Senior Assistant to the Prosecutor General Vusal Aliyev, commenting on the motions, noted that at this stage, the court is studying documents submitted by the defense. He emphasized that those requested by the defense have no relation to the charges currently under consideration.

The prosecutor, representing the state, therefore requested that the motions be denied.

The presiding judge, after hearing the parties, ruled to reject the motions, explaining that the defense had not clarified what circumstances were to be established, how significant they were, nor their relevance to the charges, and so on.

The court then continued the study of documents.

One document, read on the downing of a military helicopter on November 20, 1991, stated that 22 people were killed, including Azerbaijan’s Prosecutor General Ismet Gaibov, State Counselor on Defense and Security, Police Major General Mammad Asadov, State Secretary Tofiq Ismayilov, Deputy Prime Minister Zulfi Hajiyev, Milli Majlis deputies Vagif Jafarov and Veli Mammadov, Presidential Administration Department Head, journalist Osman Mirzoyev, Deputy Minister of Internal Affairs of Kazakhstan, Police Major General Saylal Serikov, TV journalist Ali Mustafayev, and others. At the crash site in Garakend village, bullet-damaged fragments of the main rotor blade and other parts of the helicopter were discovered.

Another document concerned the killing of Salatyn Aziz gizi Askerova and others.

The January 28, 1992 document on a passenger helicopter stated that it was shot down by a missile of the Armenian armed forces. The helicopter crashed on a dirt road and exploded, killing 42 people.

The materials of the Khojaly genocide were also presented. It was reported that during an aerial survey of the site by helicopter, burning houses were seen in Khojaly, about 500 bodies were found on the streets, burned cars and buses of various makes were observed, as well as Armenian armed forces soldiers walking in the streets. At the same time, the same Armenian forces fired automatic weapons at the helicopter carrying the investigative group.

Photo correspondent of “Azerinform” (now AZERTAC), Ilgar Jafarov, testified that after receiving information on February 26, 1992 about the Khojaly tragedy, he went to the site. On March 1, early in the morning in front of the mosque in Agdam, he photographed people who had escaped from Khojaly — some of them frozen from the cold while fleeing, some wounded — as well as people waiting for the bodies of their relatives killed by Armenian soldiers in Khojaly, and the process of transporting those bodies.

In his testimony, Oktay Mammadov, correspondent of the Main Photo Information Editorial Office, stated that on March 3, 1992, he went to the Baku City Emergency Hospital and took photos of the injured brought from Khojaly. Among them he remembered eight-year-old Khatira Orudjova, whose parents had been killed; eighteen-year-old Khuraman, who saw her two brothers killed before her eyes; and 13–14-year-old Mubariz Hamidov and Mubariz Mahmudov, whose feet were frostbitten in the snowy forest near the village of Nakhchivanli while trying to escape Armenian armed attacks. However, he had no information about the others.

Testimonies were also read from Mikhail Chianurov, chief editor of the Azerinform photochronicle department, and Mais Mammadov, head of the Ostankino TV bureau in Azerbaijan.

The study of documents was accompanied by photographs related to the criminal cases.

State prosecutor Fuad Musayev filed a motion requesting that, given the crimes of 1991–1992 being reviewed, the interview of former Armenian Deputy Defense Minister Manvel Grigoryan given to the press be considered as evidence. The court granted the motion.

During the proceedings, defendant Davit Ishkhanyan requested a confidential meeting with his lawyer. The court granted this request.

In the video interview presented after the meeting, Manvel Grigoryan admitted his participation in crimes committed against the Azerbaijani state and people. He also described the activities of the criminal organization he led, its arming, and their deployment into Azerbaijani territories. Grigoryan said: “We even kidnapped people on the road, detained them, beat them, intimidated them so they would not come back… In the school in Agbulag there were both Armenians and Turks, it was a big school. We specifically taught children in schools to beat the Turks…” He added: “Everything was deliberate — we controlled it.”

The trial will continue on September 25.

It should be noted that for numerous crimes committed as a result of the aggressive war waged by the Armenian state and the criminal community created and led by, with the direct and indirect participation of Robert Kocharyan, Serzh Sargsyan, Vazgen Manukyan, Vazgen Sargsyan, Samvel Babayan, Vitaliy Balasanyan, Zori Balayan, Seyran Ohanyan, Arshavir Karaman, Monte Melkonian, and others, in order to carry out military aggression against Azerbaijan in violation of domestic and international law — under their leadership, based on oral and written orders and instructions, with material-technical support and personnel — 15 individuals of Armenian origin are accused.

These individuals — Araik Vladimiri Arutyunyan, Arkadiy Arshaviri Ghukasyan, Bako Saaki Sahakyan, Davit Rubeni Ishkhanyan, Davit Azati Manukyan, Davit Klimi Babayan, Levon Henrikovich Mnatsakanyan, Vasiliy Ivani Beglaryan, Erik Roberti Kazaryan, Davit Nel’soni Allahverdyan, Gurgen Gomeri Stepanyan, Levon Romiki Balayan, Madat Arakelovich Babayan, Garik Grigori Martirosyan, and Melikset Vladimiri Pashayan — are charged under Articles 100 (planning, preparation, initiation, or conduct of aggressive war), 102 (attacks on persons or institutions enjoying international protection), 103 (genocide), 105 (extermination of population), 106 (slavery), 107 (deportation or forced resettlement of population), 109 (persecution), 110 (enforced disappearances), 112 (unlawful deprivation of liberty under international law), 113 (torture), 114 (mercenarism), 115 (violation of laws and customs of war), 116 (violations of international humanitarian law during armed conflicts), 118 (pillage), 120 (premeditated murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing of terrorism), 218 (organization of a criminal community), 228 (illegal acquisition, transfer, sale, storage, transportation, or carrying of weapons, components, ammunition, explosives, and explosive devices), 270-1 (acts threatening aviation security), 277 (assault on the life of a state or public figure), 278 (violent seizure of power, violent retention of power, or violent change of the constitutional order), 279 (creation of armed formations not provided by law), and other articles of the Criminal Code of the Republic of Azerbaijan.