BAKU, Azerbaijan, December 12. The trial of
Armenian citizen Ruben Vardanyan, accused under articles of the
Criminal Code of the Republic of Azerbaijan related to crimes
against peace and humanity, war crimes, terrorism, financing of
terrorism, and other serious crimes, continued on December 12,
Trend
reports.
The open court session at the Baku Military Court, chaired by
Judge Zeynal Aghayev and composed of judges Anar Rzayev and Jamal
Ramazanov (reserve judge: Gunel Samadova), provided the accused
with a Russian-language interpreter and a state-appointed defense
lawyer.
Presiding Judge Zeynal Aghayev introduced the panel of judges,
the prosecutors representing the state, the interpreters, and other
participants to the victims and their legal successors attending
the proceedings for the first time. He also explained their rights
and obligations under the law.
Then, Vardanyan's defense attorney, Emil Babishov, submitted two
motions.
In his first motion, the defense requested that all witness
statements collected during the preliminary investigation, as well
as the testimonies of Kamo Hayrapetyan, Musheg Grigorian, and other
witnesses examined during the trial, be deemed inadmissible as
evidence. Babishov argued that these statements should be excluded
from the evidentiary record and not used against the accused
Vardanyan in the adjudication of the case, as they bear no
connection to him.
In his second motion, Babishov noted that, during the trial, a
substantial body of evidence forming the basis of the indictment
had been reviewed, including testimonies from hundreds of victims
and their legal heirs, as well as other relevant documents. The
defense maintained that, despite the examination of these materials
and the disclosure of facts regarding injuries sustained by
numerous individuals, the testimonies in question have no causal or
factual link to the accused and therefore cannot be used as
evidence against him.
It became apparent from the testimonies of the victims that the
injuries they sustained occurred on different dates. A portion of
these dates coincided with a period when the accused, Ruben
Vardanyan, was not a citizen of the Republic of Armenia but was
conducting his personal business as a citizen of the Russian
Federation. Therefore, the defense requested that, during the
trial, the statements provided by the victims and their legal heirs
be deemed inadmissible and not used as evidence against the accused
in the final judgment, due to their lack of connection with
him.
The defendant affirmed his endorsement of the aforementioned
motions.
State Prosecutor Tarana Mammadova responded to the motions,
noting that both motions were substantially similar. She argued
that the accused, as a member of a criminal organization
established by the Armenian state, participated in numerous crimes
during the occupation of Azerbaijani sovereign territories, acting
in accordance with a common criminal plan and objectives. The
individuals who testified as victims were targeted with injuries
and attempted murders during this period, and the legal heirs’
testimonies reflect the killings of the victims.
Regarding the second motion, Prosecutor Mammadova emphasized
that, in accordance with the Criminal Procedure Code of the
Republic of Azerbaijan, statements provided by persons who have
knowledge of circumstances of significant relevance to the case are
also considered witness statements.
She further articulated that these matters necessitate a
comprehensive evaluation during the strategic discussions in the
consultation chamber and advocated for the postponement of the
motions at this juncture.
The presiding magistrate, after conducting a thorough judicial
inquiry, articulated that the conditions delineated in both
petitions are matters that necessitate assessment prior to the
issuance of the ultimate court ruling; consequently, these
petitions are presently maintained in a state of abeyance.
The proceedings advanced with the scrutiny of additional pivotal
documentation pertinent to the criminal matter, in accordance with
a motion filed by the prosecutorial team.
The reviewed documents revealed that during an inspection of the
radio receiving and broadcasting center located in Khankendi, a
dark green military vehicle bearing registration number 03-11 31PB
was discovered. It was established that the vehicle was equipped
with specialized radio equipment and the "Repellant-1" system
installed at the rear, designed to disrupt the control signals of
unmanned aerial vehicles at a distance of 30-35 kilometers. The
vehicle also contained a monitor, a control system, and a cooling
unit.
Furthermore, during the inspection of seven pieces of equipment
in dark green packaging of various sizes stored at a military unit
in the Khojaly region, it was determined that the equipment
consisted of a radio jamming station designated "Polya-21," which
was also used to interfere with aircraft Global Positioning System
(GPS) signals.
In addition, a letter dated September 27, 2021, from "Azerbaijan
Airlines" Closed Joint-Stock Company to the Prime Minister of the
Republic of Azerbaijan reported interference with satellite
navigation signals in Azerbaijan’s airspace. Since early July 2021,
numerous complaints have been received from flight crews of various
airlines operating in the country, indicating unstable operation of
the Global Navigation Satellite System (GNSS), including cases of
signal disruption and distortion.
During this period, at least 42 complaints were documented
relating to flights along different air corridors, including
take-off, arrival, and landing procedures at airports. The
instability of GNSS signals in Azerbaijani airspace poses a serious
risk to aviation safety, as the primary means of controlling the
flight trajectory of most aircraft relies on GNSS signal reception.
The absence or distortion of these signals can result in
significant operational and safety consequences.
Aerial reconnaissance was also conducted, during which the
locations (coordinates) of radio jamming devices belonging to the
Armenian Armed Forces and illegal Armenian armed groups were
documented and photographed using unmanned aerial vehicles
(UAVs).
Subsequently, the accused, Ruben Vardanyan, requested that a
number of documents be formally attached to the criminal case
file.
The defense attorney supported the defendant’s request, and the
public prosecutors raised no objections.
The court ruled that the submitted document, being in Russian,
should first be translated into Azerbaijani and then included in
the official case materials.
Ruben Vardanyan further requested access to review volumes 1
through 15 of the criminal case and that the witnesses named in
those volumes be summoned to court in connection with his
detention.
The defense counsel, Emil Babishov, did not object to the
granting of these motions.
Senior Assistant to the Prosecutor General, Vusal Aliyev, stated
that if the motion pertains to obtaining materials from the
criminal case, there is no objection. Regarding the summoning of
witnesses, he noted that the accused had not commented on, nor
objected to, any of the documents during their examination, and had
not claimed that any information in the protocols was
incorrect.
"At this stage, it does not appear why the information in that
protocol is controversial or suspicious. We believe that there is
no contradiction, no dispute. Therefore, we ask that the motion not
be granted," he added.
Following a judicial consultation, the presiding judge ruled
that the defendant’s motion to review the relevant volumes of the
criminal case was granted, while the request to summon witnesses
would be considered at a later stage.
Finally, Ruben Vardanyan requested access to review the audio
and video materials related to the case.
The presiding judge instructed that a list of the required
audio-video materials be submitted, and confirmed that the court
would provide the accused with the opportunity to review them.
The next court session is scheduled for December 16.
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 (violations 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).
To note, the preliminary investigation of the criminal case
against Ruben Vardanyan, accused under articles concerning crimes
against peace and humanity, war crimes, terrorism, financing of
terrorism, and other offenses, was conducted by the State Security
Service of the Republic of Azerbaijan.
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