Witnesses testify on Armenian occupation of Kalbajar in Baku court Photo

A public hearing continued on August 14 at the Baku Military Court in the criminal cases against several citizens of the Republic of Armenia, including Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others. The defendants face charges including crimes against peace and humanity, war crimes, preparation and conduct of an aggressive war, genocide, violations of the laws and customs of war, terrorism, financing of terrorism, forcible seizure of power, and other crimes linked to Armenia’s military aggression against Azerbaijan.

The trial is being held under the chairmanship of Judge Zeynal Agayev, with judges Jamal Ramazanov and Anar Rzayev, and reserve judge Gunel Samadova, Caliber.Az reports, citing local media.

All accused were provided with translators in their preferred languages and legal representation. The hearing was attended by the accused, their lawyers, some victims, their legal heirs and representatives, and prosecutors.

Judge Agayev introduced the judicial panel, prosecutors, translators, and other officials to the victims attending the trial for the first time, explaining their rights and obligations under the law.

Victim Saadat Garayeva recounted being forcibly displaced from Kalbajar at age 16. She said that on March 30, 1993, her family was forced to abandon their home due to the Armenian armed forces’ attack, resulting in the death of some relatives. In response to the defence lawyer of Arayik Harutyunyan asking, “Are you complaining about these individuals because of their Armenian nationality?” Garayeva stated, “No, my complaint is not because they are Armenian, but because they occupied our lands, kept them under occupation, killed our civilians, and committed other crimes.”

Uruz Valiyeva testified that during the Khojaly genocide on the night of 25–26 February 1992, she, her spouse, and relatives were taken hostage. Her sister-in-law, Surayya Javad Valiyeva, remains missing. She also reported that two of her brothers were taken hostage in Garadaghly on 16–17 February 1992; one returned, but the fate of the 14-year-old brother remains unknown.

Other victims recounted personal injuries and losses sustained during the conflict. Rashad Ismayilov, taken hostage on 23 October 1993 at age 16, described being held for three days in Boyuk Marjanli and Hadrut. Yashar Abbasov stated he was wounded in the right leg on 2 September 1992 during battles in the Aghdara direction and continues to experience problems. Balay Nasibov, who served as a battalion commander, was wounded in January 1994 in Murovdagh.

Several victims originally from Kalbajar described attacks and forced displacement during the occupation, mentioning the involvement of Monte Melkonyan and foreign mercenaries. One stated, “During the occupation of Kalbajar (late March, early April 1993 – ed.), to prevent a second Khojaly genocide, we received orders to evacuate the population… However, we tried to evacuate the population during the fighting because the enemy was blocking all routes as much as possible.” The accused Davit Ishkhanyan confirmed he was a battalion commander under Monte Melkonyan at the time.

Other testimonies included Yasin Abbasov, Natig Aliyev, Gismet Allahverdiyev, Sayavush Bandaliyev, Firuz Dadashov, Natig Ahmadov, Asif Ibrahimov, Mikayil Rzayev, and Galib Mammadov, who described injuries, deaths of family members, and displacement during the conflict. Mammadov recounted, “People’s cries were mixed with the sound of gunfire. We first saw the body of Abdul, a man. Bakir Gojayev, Zeynab Gojayeva, and others—a total of 32 people—were brutally killed. They also killed my 16-year-old brother, leaving him in such a state that I could only recognise him by his clothes.”

Many other victims, including Vugar Isayev, Zohrab Karimov, Bakir Alasgarov, Nadir Akbarov, Parviz Aliyev, Ruslan Mirzaliyev, and Afgan Safaraliyev, testified to suffering injuries, captivity, and torture at the hands of the Armenian armed forces during different periods. Some were wounded multiple times but continued participating in battles, while others reported severe physical and emotional trauma from captivity or mine explosions.

Victims also answered questions from the accused and their defence attorneys, including David Manukyan and David Babayan, and their representatives.

The trial is scheduled to continue on August 15.

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.

By Aghakazim Guliyev