Key decisions pending in Armenian war crimes case as Baku court considers house arrest requests

The trial addressing war crimes committed against Azerbaijan, encompassing violations such as crimes against peace, humanity, and war crimes—including the waging of aggressive war, genocide, forced displacement, and military plunder—continued today in Baku.

The case focuses on offenses carried out by the Armenian state and its military forces, as well as the illegal "Nagorno-Karabakh Republic" and its armed factions operating within Azerbaijan's occupied territories, Caliber.Az reports per local media.

Held at the Baku Military Court, located in the Baku Court Complex, the trial is presided over by Judge Zeynal Aghayev, with Judges Jamal Ramazanov and Anar Rzayev also part of the panel.

At today's hearing, the defendants were provided with Armenian interpreters, and they were represented by defence lawyers.

The session was attended by 350 individuals out of more than 531,000 victims. During the proceedings, the defence raised motions for consideration. One notable motion was made by the lawyer of Davit Babayan, a defendant in the case, requesting a confidential meeting with their client. The prosecution did not object, and the judge granted the motion, declaring a break in the proceedings for the confidential meeting.

Following the break, the lawyers representing the majority of the accused individuals requested that the preventive measures against their clients be altered to house arrest. The trial continues as part of the legal efforts to address the atrocities committed during the Nagorno-Karabakh conflict.

Representatives of the victims, including Rufat Mammadov, Head of the Cabinet of Ministers' Office, acting on behalf of the Azerbaijani government, opposed the petitions for house arrest and requested that the accused remain in custody.

Victim's representative, Arzu Javadov, stated that the detention centers in Azerbaijan are sufficiently equipped with qualified medical staff and necessary medical supplies, ensuring timely care for detainees. He emphasized that there were no procedural grounds for altering the restrictive measures and that the health of the accused was being closely monitored by the International Committee of the Red Cross. As such, he urged the court not to grant the petitions for house arrest.

Shahin Huseynov, another victim's representative, highlighted that the accused were facing serious and particularly grave charges. He asserted that, just as the accused have rights, the victims also have rights, particularly in seeking justice for the atrocities committed. He firmly opposed the petition for house arrest, calling it groundless and requested that it be rejected.

Javanshir Mammadov, another representative of the victim, added that the accused had been detained while attempting to leave the country, which posed a risk of flight and evasion of justice.

Judge Zeynal Aghayev then provided the opportunity for each of the accused to voice their opinions on the petitions.

Arayik Harutyunyan, one of the accused, clarified that neither he nor his lawyer had filed a request for house arrest, and he did not have any health complaints. He noted that any health issues were promptly addressed in the isolation ward, and he had not heard any complaints regarding the health of the other accused individuals.

Conversely, accused individuals Arkadi Ghukasyan, Bako Sahakyan, Melikset Pashayan, and Davit Allahverdiyan all requested that their petitions for house arrest be granted.

Other accused individuals left the decision on whether to approve the petitions to the discretion of the court.

The next session of the trial is scheduled for January 27, during which decisions on the petitions will be made.

To recap, 15 individuals have been charged with crimes committed by the Republic of Armenia and its armed forces, as well as by the illegal "Nagorno-Karabakh Republic" and its unlawful armed formations established by Armenia. The accused include Arayik Vladimiri Harutyunyan, Arkadi Arshaviri Ghukasyan, Bako Sahaki Sahakyan, Davit Rubeni Ishkhanyan, Davit Azatini Manukyan, Davit Klimi Babayan, Levon Henrikovich Mnatsakanyan, Vasili Ivani Beglaryan, Erik Roberti Ghazaryan, Davit Nelsoni Allahverdyan, Gurgen Homeri Stepanyan, Levon Romiki Balayan, Madat Arakelovich Babayan, Garik Grigori Martirosyan, and Melikset Vladimiri Pashayan.

They are accused under the following articles of the Criminal Code of the Republic of Azerbaijan: Article 100: Planning, preparing, initiating, and waging an aggressive war; Article 102: Attacks against persons or organisations enjoying international protection; Article 103: Genocide; Article 105: Extermination of the population; Article 106: Slavery; Article 107: Deportation or forced displacement of the population; Article 109: Persecution; Article 110: Enforced disappearance; Article 112: Unlawful deprivation of liberty contrary to international law; Article 113: Torture; Article 114: Mercenary activities; Article 115: Violations of the laws and customs of war; Article 116: Violations of international humanitarian law during armed conflict; Article 118: Military looting; Article 120: Intentional murder; Article 192: Illegal entrepreneurship; Article 214: Terrorism; Article 214-1: Financing terrorism; Article 218: Creation of a criminal organisation; Article 228: Illegal acquisition, transfer, sale, storage, transportation, or possession of weapons, ammunition, explosives, and devices; Article 270-1: Acts threatening aviation security; Article 277: Assassination attempts on statesmen or public figures; Article 278: Violent seizure or retention of power, or violent alteration of the constitutional order; Article 279: Creation of armed groups or units not provided for by law.

By Vafa Guliyeva