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 5.The trial, held at the Baku Military Court under the chairmanship of Judge Zeynal Agayev, 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.
The court reviewed the statements of the accused Levon Balayan given during the preliminary investigation, along with other documents related to his criminal case.
According to his testimony, Balayan was drafted into military service in January 1995 and served until 1998 in units stationed in Shusha, Khankendi, and Khojaly, where he was issued an “AKS-74” assault rifle. The military units were equipped with “T-55” and “T-72” battle tanks, as well as “BMP-1” and “BMP-2” infantry fighting vehicles manufactured in the Russian Federation. He noted that senior commander Levon Mnatsakanyan — currently also under arrest — frequently inspected the units to check combat readiness.
Balayan further testified that on September 20, 2020, he was forcibly called up for “service” by the so-called “Khankendi City Military Commissariat” and participated in battles during the early days of the 44-day war, from September 27 to October 2, as part of the “Alasha” battalion positioned in the “third line of defense” in the Sugovushan area.
Importantly, Balayan admitted that on May 1, 2023, he joined one of the armed formations created and financed by Ruben Vardanyan in the then-occupied territories of Azerbaijan. From that date, he received a monthly salary of 170,000 drams (approximately 700 US dollars) via a card issued by “Artsakhbank.” He was detained by Azerbaijani servicemen on September 20.
Afterwards, the judge presiding over the trial announced that the statements of all 15 defendants during the preliminary investigation had been read out.
He stated that the defendants would be asked questions about whether there were any contradictions in their statements during the preliminary investigation and the trial, and whether they agreed with the statements announced.
The accused, Levon Balayan, Melikset Pashayan, and Gurgen Stepanyan mentioned that they confirm their statements during the preliminary investigation with minor exceptions.
The accused Madat Babayan and Garik Martirosyan fully confirmed their statements during the preliminary investigation.
Gurgen Stepanyan, David Allahverdiyan, as well as Erik Ghazaryan and Vasili Beglaryan said that they confirm their statements during the court investigation.
David Manukyan requested that his statement during the court investigation be taken into account.
The accused Arkadi Ghukasyan also requested that his statement given during the court investigation, rather than during the preliminary investigation, be taken into account.
The accused Levon Mnatsakanyan noted that he disagreed with certain parts of his statement read out.
Davit Ishkhanyan requested that his testimony during the court investigation be taken into account, rather than his testimony during the preliminary investigation.
The accused Bako Sahakyan and Arayik Harutyunyan also requested that the panel of judges to consider with precedence the statements made during the court investigation.
Following a confidential meeting with his defense attorney, accused David Babayan requested that he be given the opportunity to comment on his statement he provided during the preliminary investigation, which was announced, during the next trial.
The judge presiding over the court session stated that, given the defendant's request, he would be provided the opportunity to comment on his statement during the next court hearing.
The court proceedings will continue on September 8.
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.
