BAKU, Azerbaijan, June 19. The open court hearing in the criminal case against Armenian citizens Arayik Harutyunyan, Arkadi Ghukasyan, Bako Sahakyan, Davit Ishkhanyan, David Babayan, Levon Mnatsakanyan, and others, who are accused of crimes against peace and humanity, war crimes, including preparing and waging an aggressive war, genocide, violating the laws and customs of war, as well as terrorism, financing terrorism, forcibly seizing power, forcibly retaining it, and numerous other crimes as a result of Armenia's military aggression against Azerbaijan, continued on June 19th, Trend reports.
The court hearing, presided over by Judge Zeynal Agayev, with judges Jamal Ramazanov and Anar Rzayev (reserve judge Gunel Samedova), was held in the Baku Military Court. Each of the defendants was provided with an interpreter in their native language, as well as lawyers for their defense.
The defendants, their defenders, some of the victims, their legal successors and representatives, as well as the prosecutors representing the state prosecution, participated in the hearing.
During the court session, state prosecutor Vusal Abdullayev asked defendant David Manukyan further questions. He first addressed questions related to the planting of mines in the territories of Azerbaijan formerly occupied by Armenia.
David Manukyan, a citizen of Armenia who served as a military serviceman of the Armenian armed forces, held various positions, served with the rank of Major General, and was the "first deputy commander" in the "army" of the former separatist regime (the largest armed formation of the Armenian armed forces - ed.) in Azerbaijan's previously occupied territories, stated that he was not involved in the planting or clearing of mines during the First Karabakh War. The defendant later said: "Even in conditionally peaceful times, when I was the commander of a military unit, incidents related to mines (referring to mine planting - ed.) occurred, although not very often. Very clear instructions were given regarding the storage of forms and maps. Prior to each mine-laying operation, an order was issued by the high command."
According to him, the order clearly stated how many copies of mine forms, maps, and diagrams should be prepared. D. Manukyan then stated: "Addresses are indicated there, specifying which address to send what. We operated based on the items specified in the order."
He said that mines are kept at the highest level and distributed downwards. The military unit received as many mines as it needed, because specific exit points had to be determined for this.
When the prosecutor asked, "Could division commanders below you mine territories on their own initiative, without reporting to you or informing the corps leadership? Did they have that right?" the defendant answered "no."
Answering a question about mercenaries, the defendant noted that the "Daredevils' Squad" found in his house in Khankendi was formed by the Armenian Ministry of Defense. He said that it was not a squad, but a platoon, created by the Ministry of Defense. It was formed by state institutions and sent to the defense structure.
Manukyan responded to a question about the basis on which foreign citizens were involved in the fighting: "I did not check their identities. That is not my job. I was not authorized to monitor them, to determine which country they came from."
He said that he had not witnessed cases of prisoners of war and hostages being used as slaves or tortured. He stated that this matter is on everyone's conscience -- whoever treated them in a certain way is responsible to their own conscience. "Let me put it this way: to this day, there has been no physical violence against me," he added.
Responding to a question about the damage to the environment of Azerbaijan and the arson during the occupation period, D. Manukyan replied, "The position I held had nothing to do with those issues."
He stated that he was in Armenia during the April battles in 2016, and in the formerly occupied territories of Azerbaijan during the Tovuz battles in July 2020.
Manukyan, who was appointed "First Deputy Commander of the Army" of the separatist entity by an order signed on December 26, 2019, stated that he began his service in connection with that appointment in early February 2020. He said he was unaware of whether his candidacy for this appointment was put forward by the President of Armenia or the Chief of the General Staff of the Armed Forces.
The defendant stated that he was received by the Prime Minister of Armenia in January 2020 regarding his appointment, and by the President of Armenia regarding receiving the rank of Major General. He added that David Tonoyan was the Minister of Defense of Armenia at that time.
Manukyan said that he was in the "position" of "First Deputy Commander of the Army" of the separatist entity during the 44-day war in 2020 and added: "My job duties related to the war were written briefly and specifically. A backup command post is created. If the main command post fails, then the responsibility for the communication system and the execution of command decisions falls on that backup post for a certain period of time."
The defendant claimed that he did not hear about the provocations committed by Armenia on September 27, 2020.
At this time, a video material containing the views of David Tonoyan, who was then the Minister of Defense of Armenia, was examined in court with the participation of an Armenian-language translator. In the video footage from 2019, D. Tonoyan states: "As a Minister of Defense, I am against the thesis that territories can be given away with a peace treaty. I am strongly against this thesis. Today, I only put forward one thesis here: new war, new territories."
The video material noted that the footage was shot in New York, USA. It is stated that David Tonoyan made a public statement. He states that there is no concession, but compromise is possible. After that, David Tonoyan also provided information about offensive-type military units: "We must leave the defensive position, and we will. We will leave the trenches and, thanks to these offensive units, we will conduct military operations on the territory of the opponent (referring to the unoccupied territories of Azerbaijan - ed.)."
David Tonoyan, dressed in civilian clothes at the UN in New York and in military uniform at a meeting with representatives of the Armenian community in the evening, spoke about the work carried out and to be carried out in the Armenian army, touched upon the role of the diaspora in this work, and said: "I myself and the Armenian armed forces - we are not very happy with donation issues."
A secret document signed by Kamo Vardanyan, "Deputy Chief of Staff of the Army" of the separatist regime, was also examined in court. Document No. 0671, signed on September 25, 2020, is called the "Order on the Acceptance of the Destruction of the Enemy's Settlements by Fire." According to the document, the commanders of formations and military units were ordered to ensure that the settlements indicated in the list attached to it were accepted for destruction by fire by September 28, 2020. The order states that positions for fire should be calculated and documents on combat application should be fully drawn up and filled out. The document orders that a specific M-21 station be allocated in artillery military units to fire missiles capable of hitting at a distance of 40 kilometers. Of the 80 missiles intended for this station, 40 should be kept in the vehicles in a permanent combat position. The remaining 40 missiles should be loaded before going to the combat position.
Control over the execution of the order was assigned to the "Deputy Commander of the Army for Artillery."
The order also included a "list of settlements subject to destruction by fire." The list included the names of about 70 Azerbaijani settlements, including the cities of Ganja, Mingachevir, Naftalan, and the regions and villages of Beylagan, Aghjabedi, Yevlakh, and Barda.
Manukyan claimed that he first became acquainted with this order during the preliminary investigation and that he did not participate in the planning of combat operations during the Second Karabakh War, with the exception of a number of organizational issues. He added that during the 44-day war he was in the northern territory of Aghdara, in a number of settlements of Hadrut, and in other territories.
The defendant stated that he was involved in organizational work related to mobilization issues. He said that the registration of those mobilized for the war was carried out at a village school, where they were given weapons.
He admitted that military appointments for the "army" of the separatist entity came from Armenia and said: "When the reserve ran out, the supply was solved in this way, as I mentioned. This applied to all types of supplies, both equipment and manpower."
Manukyan said that he was unaware of who gave the order to strike civilian infrastructure and settlements in Azerbaijani cities far from the combat zone with "Iskander M," "Tochka U" and other missiles. He added that there were no such weapons in the staff structure of the "army" of the separatist regime.
The court hearing will continue on June 20.
15 defendants of Armenian origin are accused in the criminal case on numerous facts of 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, for the purpose of military aggression against Azerbaijan, created under the direct leadership and participation of the Armenian state, officials of its state institutions, its armed forces and illegal armed formations, their written and verbal orders, instructions and guidelines, material, technical, and personnel support, centralized management, as well as under the strict control, as well as under the leadership, direct and 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 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.
