Ruben Vardanyan requests court to question Armenian Prime Minister Nikol Pashinyan, OSCE Minsk Group members, and ICRC representatives (PHOTO)
By Judge Zeynal Agayev
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BAKU, Azerbaijan, September 16. The trial of
Ruben Vardanyan, an Armenian citizen charged with crimes against
peace and humanity, war crimes, terrorism, financing of terrorism,
and other serious offenses under the Criminal Code of the Republic
of Azerbaijan, continued on September 16, Trend reports.
The open court session held at the Baku Military Court, presided
over by Judge Zeynal Agayev and composed of Judges Anar Rzayev and
Jamal Ramazanov (with Gunel Samadova as the reserve judge), ensured
that the accused was provided with a translator in his preferred
language, Russian, as well as a defense lawyer of his choice.
Judge Zeynal Agayev introduced the judicial panel, the
prosecutors representing the state, the translators, and others to
the victims and their legal representatives attending the session
for the first time. He also explained their rights and obligations
as stipulated by law.
Subsequently, the accused, Ruben Vardanyan, addressed the court,
stating that he had several motions to present.
First, Vardanyan requested the court to question “certain
individuals related to the criminal case he is charged with,
including the Prime Minister of the Republic of Armenia, Nikol
Pashinyan, members of the OSCE Minsk Group, and representatives of
the International Committee of the Red Cross (ICRC) in
Azerbaijan.”
His defense attorney, Avraam Berman, supported the motion.
Senior Assistant to the Prosecutor General Vusal Aliyev and
Nasir Bayramov, Head of the State Prosecution Department of the
Prosecutor General’s Office, responded to the motion, stating that
the individuals proposed for questioning by the accused are not
relevant to the charges being considered in the court.
Additionally, they noted that the list of evidence to be examined
during the trial, as well as the sequence of evidence examination,
had already been determined with the participation of the defense.
Based on the adopted decision, the prosecution’s evidence is
currently being reviewed at this stage of the process.
Consequently, the prosecutors requested that the motion be left
unconsidered.
The victims participating in the process also requested the
court to reject the motion.
The judicial panel, after deliberating on the spot, noted that a
decision regarding the sequence of evidence examination had already
been made, taking into account the defense’s position. The court
stated that the motion would be left unconsidered but clarified
that the accused and his defense attorney could resubmit it in the
Vardanyan then presented another motion, expressing
dissatisfaction with the case being heard in a military court,
arguing that he is not a military serviceman.
His defense attorney supported this motion.
In response, Tugay Rahimli, Assistant to the Prosecutor General
for Special Assignments, stated that since some of the crimes
Vardanyan is charged with are military offenses, the case is being
heard in a military court. Therefore, the prosecutor requested the
rejection of the motion.
The victims participating in the process also requested the
court to reject the motion.
Presiding Judge Zeynal Agayev noted that this issue had already
been addressed during the preparatory hearing, where detailed
information about the court’s jurisdiction was provided to the case
parties, including the accused and his defense attorney.
Furthermore, as some of the crimes Vardanyan is charged with are
considered military offenses, the case is being heard in a military
court in accordance with the Criminal Procedure Code of the
Republic of Azerbaijan. Based on these grounds, the motion was
In his next motion, Vardanyan requested access to the decisions
made regarding motions submitted by him and his defense attorney in
previous court sessions, as well as copies of those decisions.
The defense attorney requested that this motion be granted.
The presiding judge stated that the accused had previously been
provided with opportunities to review court session protocols and
decisions on his motions, and such opportunities would continue to
be provided in the same manner.
In another motion, Vardanyan expressed disagreement with the
charge of illegally crossing the state border of the Republic of
Azerbaijan. He also requested the questioning of “individuals who
were commanders of the Russian peacekeeping contingent in Karabakh
at the time.”
Defense attorney Avraam Berman supported this motion.
Presiding Judge Zeynal Agayev stated that the trial is ongoing,
and a legal assessment of the charges against the accused would be
made at the conclusion of the trial. Additionally, he noted that
the commanders of the Russian peacekeeping contingent in Karabakh
at the time are not relevant to the criminal case Vardanyan is
charged with. Therefore, the motion was left unconsidered, and the
accused and his defense attorney were informed that it could be
resubmitted in the future.
Subsequently, victims and their legal representatives, who
suffered as a result of crimes committed during Armenia’s
aggressive war and occupation policy, provided testimony.
Zakir Karimov, the legal representative of victim Azad Karimov,
stated in his testimony that his son was killed during a
large-scale provocation by Armenian armed forces in Kalbajar.
Responding to questions from state prosecutor Tarana Mammadova,
Vasif Nasibov, the legal representative of victim Akshin Nasibov,
stated that his son was killed as a result of a provocation by
remnants of the Armenian army and illegal Armenian armed groups in
the Aghdara direction.
Gasim Kazimov, the legal representative of victim Yunis Kazimov,
stated in his testimony that his son was killed by sniper fire from
the enemy in the Kalbajar direction.
Namiz Huseynov, the legal representative of victim Kamran
Huseynov, stated in his testimony that his son was killed due to
the explosion of a mine planted by the enemy on the
Khankendi-Shusha road.
Responding to questions from Nasir Bayramov, Head of the State
Prosecution Department of the Prosecutor General’s Office, Aida
Khankishiyeva, the legal representative of victim Elshan
Khankishiyev, stated that her son was killed during a provocation
by the enemy in the Khojaly direction.
Anar Gurbanov, the legal representative of victim Jamil
Qurbanzadeh, stated in his testimony that his son was killed during
a provocation by remnants of the Armenian army and illegal Armenian
armed groups in the Lachin direction.
Rustam Babayev, the legal representative of victim Ali
Babazadeh, stated that his son was killed as a result of enemy
provocation in the Khankendi direction.
Responding to questions from Senior Assistant to the Prosecutor
General Vusal Aliyev, Gizilgul Aliyeva, the legal representative of
victim Togrul Aliyev, stated in her testimony that her son was
killed in Khojavend district due to a provocation perpetrated by
Gulshan Dunyamaliyeva, the legal representative of victim Islam
Dunyamaliyev, stated in her testimony that her son was killed in
the Sirkhavend village of Aghdara district as a result of a
provocation by remnants of the Armenian army and illegal Armenian
armed groups.
Jamafat Azizova, the mother and legal representative of victim
Nazar Azizov, stated that her son was killed in Kalbajar due to
sniper fire from the opposing side.
Responding to questions from Tugay Rahimli, Assistant to the
Prosecutor General for Special Assignments, Azad Karimov, the legal
representative of victim Zohrab Karimov, stated that his son was
killed in Lachin as a result of enemy provocation.
Bilal Mammadov, the father and legal representative of victim
Mahammad Mammadov, stated that his son was killed in Kalbajar
during a provocation by Armenian armed forces.
Responding to questions from state prosecutor Fuad Musayev,
victim Abdulmatin Ismayilov stated that in Lachin district, he
sustained a traumatic brain injury and was wounded in the knee area
due to the explosion of artillery shells fired by the opposing
side. During that incident, Mahammad Huseynov and Eltaj Ahmadov
were killed, and besides himself, Kamal Bahramov, Javid Gurbanov,
Ahad Asadullayev, Dilgam Hasanov, and Nijat Shukurov sustained
Victim Rashad Agayev stated in his testimony that he was injured
in the Sirkhavend village of Aghdara district due to the explosion
of a guided rocket shell fired by the enemy. During that incident,
Vusal Rustamov, Elvin Aliyev, Nihad Quluzadeh, Alibey Alibeyov,
Agami Alishanov, and Altun Aliyev were killed.
Pasha Abayev stated in his testimony that he was injured in the
Aliagali village of Aghdam district due to the explosion of a
mortar shell fired by the enemy.
Victim Nariman Karimov stated in his testimony that he was
injured in the Khojavend district due to the explosion of a shell
fired by the enemy.
Elshan Zeynalov stated that he sustained a shrapnel injury to
the back of his head due to the explosion of an artillery shell
fired by the enemy in the Aghdam district.
Responding to questions from state prosecutor Vusal Abdullayev,
victim Farid Hasanov stated that he was injured in the Aghdara
direction as a result of enemy provocation.
Mirzali Mirzayev stated that he was wounded in the leg in the
Khankendi direction due to enemy fire.
Victim Shahriyar Zamanov stated in his testimony that he
sustained a traumatic brain injury and shrapnel wounds in Aghdara
due to enemy fire.
Anar Abasov stated in his testimony that he was injured in the
mountainous-forested area of the Abdal-Gulabli village in Aghdam
district due to the explosion of a mortar shell fired by remnants
of the Armenian army and illegal Armenian armed groups.
Victim Shirkhan Hajimammadov stated in his testimony that he was
injured in the Lachin district as a result of a provocation by
Armenian armed forces.
During this time, the accused, Ruben Vardanyan, began addressing
questions to the victims giving testimony (it should be noted that
in previous court sessions, the accused did not question the
In response to a question from the accused Ruben Vardanyan,
Shirkhan Hajimammadov stated that among the Armenian armed forces
personnel who carried out the provocation were individuals who had
lived and served in the military in territories of Azerbaijan that
were previously under occupation.
Elvar Nahmatzadeh stated in his testimony that he was injured in
the mountainous-forested area of the Abdal-Gulabli village in
Aghdam district due to the explosion of a mortar shell fired by the
Victim Taleh Qurbanov stated in his testimony that in the
Khanabad village of Khojaly district, Davud Giyasli and Ramin
Mammadov were killed due to the explosion of a mortar shell fired
by the enemy, while he, Mirali Aghalarov, and Punhan Kazimov
sustained various injuries.
Victim Amid Piriyev stated that he was injured in the Aghdam
district due to the explosion of an artillery shell fired by the
Najimaddin Alasgarov stated that he sustained a traumatic brain
injury in the Janyatag village of Aghdara district due to the
explosion of a rocket shell fired by remnants of the Armenian army
and illegal Armenian armed groups.
Victim Shohrat Aslanov, who was involved in mine-clearing
operations with employees of the Azerbaijan National Agency for
Mine Action in the liberated Saricali village of Aghdam district,
stated that the vehicle he was driving hit a mine planted by the
enemy, resulting in his injury.
Victim Nurlan Abishov stated in his testimony that in the
Janyatag village of Aghdara district, he, Javanshir Khalilov, and
Parviz Shirinov were injured due to the explosion of an “F1” hand
grenade thrown by the enemy.
Huseyn Museyibov stated that he was injured in the
mountainous-forested area of Aghdara district due to the explosion
of a mortar shell fired by the enemy.
Victim Bakhtiyar Ismayilov stated in his testimony that he was
injured in the left calf in the mountainous-forested area of
Aghdara district due to the explosion of a mortar shell fired by
Jafar Ismayilov stated that he was injured in the Khanabad
village of Khojaly district due to the explosion of a hand grenade
thrown by the enemy.
Telman Ahmadov stated in his testimony that he was injured in
the Khanabad village of Khojaly district due to the explosion of a
mortar shell fired by remnants of the Armenian armed forces and
illegal Armenian armed groups.
Other victims—Babak Ahmadli, Omar Nasirov, Nurlan Ibrahimov,
Javid Suleymanov, Elvin Huseynov, Akbar Safarov, Ramil Mammadov,
Rashad Suleymanov, Namiq Alizadeh, Ragif Mirzayev, Vusal Ahmadov,
Afar Huseynov, Bayram Huseynov, Sarkhan Mahmudov, Niyaz
Niyazaliyev, Yasin Jabrayilov, and Ruslan Nuraliyev—stated that
they were injured in various areas due to provocations by remnants
of the Armenian army and illegal Armenian armed groups.
Victim Akbar Safarov, responding to a question from the accused
Ruben Vardanyan, stated that the provocation at that time was
carried out by the Armenian army.
Additionally, during the court proceedings, Ruben Vardanyan’s
lawyer requested an opportunity for a confidential meeting with the
accused. The court granted the motion.
The next court session was scheduled for September 23.
Ruben Vardanyan faces multiple charges under the Criminal Code
of the Republic of Azerbaijan, including Articles 100.1, 100.2
(planning, preparing, initiating, and waging a war of aggression),
107 (deportation and forced displacement of the population), 109
(persecution), 110 (forcible disappearance of persons), 112
(deprivation of liberty contrary to international law), 113
(torture), 114.1 (mercenary activity), 115.2 (violation of the laws
and customs of warfare), 116.0.1, 116.0.2, 116.0.10, 116.0.11,
116.0.16, 116.0.18 (violation of international humanitarian law
norms during an armed conflict), 120.2.1, 120.2.3, 120.2.4,
120.2.7, 120.2.11, 120.2.12 (intentional murder), 29.120.2.1,
29.120.2.3, 29.120.2.4, 29.120.2.7, 29.120.2.11, 29.120.2.12
(attempted intentional murder), 192.3.1 (illegal entrepreneurship),
214.2.1, 214.2.3, 214.2.4 (terrorism), 214-1 (financing of
terrorism), 218.1, 218.2 (creation of a criminal group), 228.3
(illegal acquisition, transfer, sale, storage, transportation, and
possession of firearms, ammunition, explosives, and devices),
270-1.2, 270-1.4 (acts threatening aviation safety), 278.1
(forcible seizure or retention of power, forcible change of the
constitutional structure of the state), 279.1, 279.2, 279.3
(creation of armed formations not provided for by law), and 318.2
(illegal crossing of the state border of the Republic of
Azerbaijan).