Shorouk Express
BAKU, Azerbaijan, January 27. A preparatory
session of the trial against Ruben Vardanyan, a citizen of Armenia
accused of torture, mercenary, violating the laws or customs of
war, terrorism, financing terrorism and other articles of the
Criminal Code of the Republic of Azerbaijan, continued on Monday,
Trend reports.
During the preparatory session held at the Baku Military Court
in the Baku Court Complex, chaired by Judge Zeynal Aghayev and
consisting of Jamal Ramazanov and Anar Rzayev, the accused were
provided with Russian language interpreters and defense
lawyers.
The preparatory session was attended by some of the victims,
their legal heirs, and their defense attorneys.
The court session reviewed the motions submitted by Ruben
Vardanyan and his lawyer.
While presenting his motions, the accused noted that he was
unable to familiarize himself with the criminal case materials in
detail and asked the court to grant him an additional 30 working
days to prepare his defense effectively.
“I want to be ready to defend myself from a legal perspective,”
Ruben Vardanyan added.
Ruben Vardanyan’s lawyer Avraam Berman requested from the court
to grant additional time to review the case materials, as well as
access to legal literature for the accused to organize his defense
effectively.
Then, the prosecution expressed his views on to the motions.
The prosecutor representing the state prosecution, proceeding
from the principle of procedural convenience, reminded that the
accused had been given plenty of time to review the case materials
to date, adding that an additional 10 days also granted to him to
review the investigation materials based on the defendant’s motion
in the previous trial. The prosecutor expressed his objection to
the unnecessary extension of the court’s preparatory session.
Then, another prosecutor representing the state prosecution made
a statement, emphasizing that the accused person’s right to defense
was not violated during the preliminary investigation, the
indictment was drawn up in accordance with the requirements of the
criminal procedural legislation of the Republic of Azerbaijan, and
the requirements of the jurisdiction were respected.
Thus, the prosecutor proposed that the accused be brought to
trial on the charges he is accused of and a trial be scheduled, as
well as that the detention measures chosen for the accused be
maintained unchanged.
Ruben Vardanyan’s lawyer expressed his objections to the
criminal case being considered at this stage, requesting that the
preparatory session be postponed to allow additional time.
Then the court went into deliberation to review the motions.
Following the deliberations, the court announced its decision.
By the court decision, Ruben Vardanyan’s motion to grant
additional time for familiarizing himself with the criminal case
and other motions were not granted.
The judge mentioned that following the conclusion of the
preliminary investigation, the accused was granted time to
familiarize himself with the criminal case materials, and then at
the initial stage of the preparatory session, the court granted the
accused additional time to familiarize himself with the case
materials in detail. As the court found those terms sufficient, it
did not grant the motion. The court also kept the decision on the
detention measures for the accused unchanged.
The criminal case was submitted to the court for consideration,
and the next court session was scheduled for February 6.
Ruben Vardanyan faces charges under the Criminal Code of the
Republic of Azerbaijan, including Articles 100 (planning and waging
aggressive war), 107 (deportation or forcible displacement of
populations), 109 (persecution), 112 (arbitrary detention in
violation of international law), 113 (torture), 114 (mercenarism),
115 (violation of laws and customs of war), 116 (violation of
international humanitarian law during armed conflict), 214
(terrorism), 214-1 (financing terrorism), 218 (creation of a
criminal organization), 228 (illegal acquisition, transfer, sale,
storage, transportation, and possession of weapons, their
components, ammunition, explosives, and devices), 270-1 (actions
threatening aviation security), 278 (forcible seizure and retention
of power, forcible change of the constitutional structure of the
state), 279 (creation of illegal armed formations and groups), 318
(illegal crossing of the state border of the Republic of
Azerbaijan), and other articles provided for by the
legislation.
Then, an open preparatory court session on the criminal case
concerning the crimes against peace and humanity, war crimes,
including waging an aggressive war, genocide, forced displacement
of the population, persecution, torture, military robbery, and
other unlawful acts committed against the Republic of Azerbaijan
and its people by the Armenian state and its Armed Forces, as well
as the so-called “Nagorno-Karabakh Republic” established in the
occupied territories of the Republic of Azerbaijan and its illegal
armed groups, proceeded.
During the preparatory session held at the Baku Military Court
in the Baku Court Complex, chaired by Judge Zeynal Aghayev and
consisting of Jamal Ramazanov and Anar Rzayev, the accused were
provided with Armenian language interpreters and defense
lawyers.
Some of the more than 531,000 individuals recognized as victims,
as well as their representatives, participated in the process.
First, the lawyers of the accused – Bako Sahakyan, Erik
Ghazaryan, Arayik Harutyunyan, Melikset Pashayan, Arkadi Ghukasyan,
Levon Mnatsakanyan, Vasily Beglaryan, and Davit Allahverdiyan –
made their statements and submitted new motions.
According to the defense attorneys, some of the charges did not
apply to the accused. The defense party asked the court to
terminate the criminal prosecution in those parts on acquittal
grounds.
The accused defended their lawyers’ motions.
Harutyunyan’s lawyer filed a motion and submitted a document to
the court for inclusion in the list of evidence.
The prosecution did not object to the inclusion of the document
in the list of evidence. However, the prosecution stated that the
authenticity of the document would be verified during the course of
the court investigation.
Prosecutors representing the state prosecution requested that
the motions for partial termination of criminal prosecution against
the accused not be granted.
During the proceedings, victims’ representatives also made
statements and agreed with the prosecution’s stance.
Rufat Mammadov, Head of the Cabinet of Ministers’ Office, who
participated in the process as a victim on behalf of the
Azerbaijani state, made a statement and requested that the motions
not be granted.
In his statement, the prosecutor underlined that the
requirements of the jurisdiction in the criminal case were
respected, that no errors were made in the preparation of
procedural documents, that the rights of the accused were ensured,
that there were no grounds for changing the detention measures
chosen against them, and proposed to schedule a court hearing.
The court went into deliberations to review the motions.
Following the deliberations, the court announced its decision on
the motions filed by the defense in the previous trial and in the
current session.
According to the decision, the defense did not grant the motions
regarding the release of some of the accused to house arrest and
the partial termination of the criminal case in some episodes.
The document submitted by Arayik Harutyunyan was included in the
case materials.
Additionally, by the court’s decision, the criminal case was
submitted to the court for consideration, and the detention
measures of the accused was maintained unchanged.
The court hearing was scheduled for February 6.
15 persons accused in the crimes committed by Armenian state and
its Armed Forces, as well as the so-called “Nagorno-Karabakh
Republic” established in the occupied territories of the Republic
of Azerbaijan and its illegal armed groups – Harutyunyan Arayik
Vladimiri, Ghukasyan Arkadi Arshaviri, Sahakyan Bako Sahaki,
Ishkhanyan Davit Rubeni, Manukyan Davit Azati, Babayan Davit Klimi,
Mnatsakanyan Levon Henrikovich, Beglaryan Vasili Ivani, Ghazaryan
Erik Roberti, Allahverdyan Davit Nelsoni, Stepanyan Gurgen
Homerosi, Balayan Levon Romiki, Babayan Madat Arakelovich,
Martirosyan Garik Grigori, and Pashayan Melikset Vladimiri have
been charged as accused persons under the following articles of the
Criminal Code of the Republic of Azerbaijan: Article 100 (planning,
preparing, initiating, or waging an aggressive war), Article 102
(attacks on internationally protected persons or organizations),
Article 103 (genocide), Article 105 (extermination of population),
Article 106 (slavery), Article 107 (deportation or forcible
transfer of population), Article 109 (persecution), Article 110
(enforced disappearance of persons through violence), Article 112
(unlawful deprivation of liberty in violation of international
law), Article 113 (torture), Article 114 (mercenarism), Article 115
(violation of the laws and customs of war), Article 116 (violation
of international humanitarian law norms during armed conflict),
Article 118 (war looting), Article 120 (premeditated murder),
Article 192 (illegal entrepreneurship), Article 214 (terrorism),
Article 214-1 (financing of terrorism), Article 218 (establishment
of a criminal organization), Article 228 (illegal acquisition,
transfer, sale, storage, transportation, or carrying of firearms,
their components, ammunition, explosive substances, and devices),
Article 270-1 (acts threatening aviation security), Article 277
(attempt on the life of a state or public figure), Article 278
(forceful seizure of power and its forcible retention, forceful
alteration of the state’s constitutional order), Article 279
(creation of armed groups and units not provided for by law) and
other articles.
