BAKU, Azerbaijan, December 16. Court
proceedings in the criminal case against Armenian citizen Ruben
Vardanyan, charged under multiple 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
grave offenses, continued on December 16, 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.
R. Vardanyan's lawyer, Emil Babishov, then submitted two
motions.
Defense lawyer Emil Babishov stated that during the September 16
trial session, the accused Ruben Vardanyan, whose rights he
represents, submitted several motions. One motion requested the
presence of a representative of the International Committee of the
Red Cross (ICRC) in court as a witness to be interrogated.
According to the defense, the ICRC representative’s testimony is
necessary because during the preliminary investigation and at
various times during the trial, ICRC representatives visited the
location where Vardanyan was temporarily detained. They provided
him with food and clothing and facilitated communication with his
family.
The lawyer emphasized that the main purpose of the
representative’s participation in court is to clarify the accused’s
procedural status. Vardanyan confirmed that he supported his
lawyer’s motion.
Senior Assistant to the Prosecutor General Vusal Aliyev
commented that Vardanyan’s status in the ongoing criminal case is
that of an accused, formally established in accordance with the
Criminal Procedure Code (CPC) of Azerbaijan.
His rights were explained, notifications provided, and he has
been questioned as an accused during the preliminary investigation.
Throughout nearly a year of trial, Vardanyan has exercised his
rights, defended his position, submitted motions citing Article 91
of the CPC, and at times refused to testify.
When necessary, he has asked questions of victims and witnesses.
The prosecution argued that the accused understands his procedural
status and that the ICRC representative’s testimony would not
clarify or determine this status, as international representatives
do not determine the procedural standing of an accused.
Subsequent to the adjudication of the involved entities, the
tribunal engaged in a comprehensive evaluation and subsequently
dismissed the procedural motion. Presiding Judge Zeynal Aghayev
articulated that the motion lacked pertinence to the case at hand,
possessed no substantive evidentiary merit, and was consequently
dismissed. He underscored that the judiciary's mandate is to
ascertain Vardanyan's culpability, and pronouncements from a global
entity bear no relevance to this adjudication.
Following this, lawyer Emil Babishov submitted a second motion,
requesting that the investigator be questioned as a witness
regarding the inspection of Vardanyan’s office and residence, as
documented in the criminal case materials, including disks
containing video evidence. The defense argued that clarification of
certain facts in the videos required interrogation of the
investigator. Vardanyan confirmed his support for this motion.
Senior Assistant to the Prosecutor General Vusal Aliyev
responded that the motion was unfounded. He explained that Article
95 of the CPC establishes specific grounds for questioning an
investigator, and no such grounds exist in this case. The
prosecution maintained that questioning the investigator was
unnecessary and that the defense had not sufficiently substantiated
its request.
After deliberation, the court rejected the second motion,
emphasizing that investigators are among those who cannot be
questioned as witnesses under Article 95 of the CPC.
Judge Zeynal Aghayev then asked the parties for their opinions
regarding the conclusion of the judicial investigation. Both the
defense and prosecution confirmed they had no objections, allowing
the trial to proceed to closing arguments. Prosecutors requested
time to prepare their statements.
The next court session is scheduled for December 18.
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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