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Preventive measure replacement requested by majority of accused in crimes against Azerbaijan

Society Materials 21 January 2025 18:57 (UTC +04:00)
Preventive measure replacement requested by majority of accused in crimes against Azerbaijan
Ali Gasimov
Ali Gasimov
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BAKU, Azerbaijan, January 21. As previously announced, the open preparatory court session on the criminal case on crimes against peace and humanity, war crimes, including waging a war of aggression, genocide, forced displacement of population, persecution, torture, robbery, and other illegal acts committed by the State of Armenia and its armed forces, as well as the so-called “Nagorno-Karabakh Republic” established by Armenia in the occupied territories of Azerbaijan and its illegal armed formations, continued on January 21, Trend reports.

The hearing, held at the Baku Military Court located in the Baku Judicial Complex, was presided over by Judge Zeynal Aghayev, with the participation of Judges Jamal Ramazanov and Anar Rzayev. The defendants were provided with interpreters in Armenian, as well as lawyers.

The trial was attended by 350 people out of more than 531,000 people recognized as victims.

The defense motions were considered during the court hearing.

The lawyers of the majority of the accused requested to change the measure of restraint in the form of arrest against the persons they are defending to house arrest.

The prosecutor defending the state prosecution expressed his reaction to the motions and requested to keep the measure of restraint in the form of arrest unchanged, taking into account that the identity of the accused, the gravity and nature of the acts of which they are accused, as well as the replacement of arrest with house arrest, would prevent an objective trial.

Then the representatives of the victims and the aggrieved persons, including the head of the Cabinet of Ministers Apparatus, Rufat Mammadov, who acted as a victim on behalf of the Azerbaijani state, begged not to satisfy the petitions and leave the accused under arrest.

The representative of the victim, Arzu Javadov, noted that there are enough qualified doctors in the isolators, there is no shortage of medicines, medical assistance is provided promptly, and there are no procedural grounds for changing the preventive measure. “Their state of health is under the control of the International Committee of the Red Cross. Therefore, I ask the court not to grant the petitions filed,” he said.

The representative of the victim, Shahin Huseynov, noted that it should be taken into account that the defendants are charged with grave and especially grave crimes. “The victims have the same rights as the accused. Here we are talking about protecting the rights of thousands of victims. The petition for house arrest is unfounded. I request not to grant these petitions,” he said.

The representative of the victim, Javanshir Mammadov, noted that the defendants were detained while trying to leave the country. “There remains a threat that they will abscond from the court, evade justice,” he said.

Judge Zeynal Aghayev gave each of the accused the floor in connection with the motions.

Defendant Arayik Harutyunyan noted that, unlike the other defendants, he did not request house arrest either on behalf of his lawyer or himself, nor did he have any health complaints. “If there are health problems, they are solved in the isolation center. In general, however, I have not heard any complaints from other defendants about their health,” he said.

Defendants Arkady Ghukasyan, Bako Saakyan, Melikset Pashayan, and David Allakhverdiyan requested that the motions be granted and transferred to house arrest.

Other defendants left the issue of motions to the discretion of the court.

The next court hearing will be held on January 27, during which the decisions on the motions will be announced.

To note, the 15 persons are accused of crimes committed by the Republic of Armenia and its armed forces, including the illegal "Nagorno-Karabakh Republic" created by Armenia and its illegal armed formations.

The following individuals: Harutyunyan Arayik, Ghukasyan Arkady, Saakyan Bako, Ishkhanyan David, Manukyan David, Babayan David, Mnatsakanyan Levon, Beglaryan Vasily, Ghazaryan Eric, Allahverdiyan Davit, Stepanyan Gurgen, Balayan Levon, Babayan Madat, Martirosyan Garik, and Pashayan Melikset are charged under the following articles of the Criminal Code of the Republic of Azerbaijan according to the periods of their participation in criminal acts: Article 100 (planning, preparation, unleashing or waging a war of aggression), 102 (attack on persons or institutions which enjoy international protection ), 103 (genocide), 105 (destruction of population), 106 (slavery), 107 (deportation or forced resettlement of population), 109 (persecution), 110 (forcible detention of a person), 112 (deprivation of liberty in violation of international law), 113 (torture), 114 (mercenarism), 115 (violation of the laws or customs of war), 116 (violation of international humanitarian law during armed conflicts), 118 (war looting), 120 (premeditated murder), 192 (illegal entrepreneurship), 214 (terrorism), 214-1 (financing of terrorism), 218 (organization of a criminal community (criminal organization), 228 (illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their components, ammunition, explosives and explosive devices), 270-1 (acts endangering aviation security), 277 (encroachment on the life of a state or public figure), 278 (forcible seizure of power or forcible retention of power, forcible change of the constitutional order of the state), 279 (creation of armed formations or groups not provided for by law) and other articles.

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