The court proceedings in the criminal case against Armenian citizen Ruben Vardanyan, accused under the Criminal Code of the Republic of Azerbaijan of crimes against peace and humanity, war crimes, as well as terrorism, financing of terrorism, and other grave offenses, continued on December 16.

The open court hearing held at the Baku Military Court was presided over by Judge Zeynal Agayev, with judges Anar Rzayev and Jamal Ramazanov (reserve judge Gunel Samedova). The defendant was provided with an interpreter in a language he understands—Russian—as well as a defense lawyer appointed at state expense.

Judge Zeynal Agayev introduced the judicial panel, prosecutors representing the state prosecution, interpreters, and others to the victims and their legal heirs participating in the proceedings for the first time, and explained their rights and obligations stipulated by law.

Subsequently, Ruben Vardanyan’s defense lawyer, Emil Babishov, submitted two motions. He stated that during the court hearing held on September 16, the defendant had filed several motions, one of which concerned ensuring the participation and examination of a representative of the International Committee of the Red Cross (ICRC) as a witness. According to the defense, such participation was necessary, as ICRC representatives had visited Ruben Vardanyan at his place of temporary detention at various times during both the preliminary investigation and the court proceedings, providing assistance with food, clothing, and communication with family members.

The lawyer noted that, according to the defendant’s position, the purpose of summoning an ICRC representative was to clarify his procedural status in the criminal proceedings, and therefore requested the court to facilitate the participation of an ICRC representative as a witness. Ruben Vardanyan supported his lawyer’s motion.

Commenting on the motion, Senior Assistant to the Prosecutor General Vusal Aliyev recalled that Ruben Vardanyan’s procedural status in the case under consideration is that of a defendant. He emphasized that Vardanyan was formally charged in accordance with the Criminal Procedure Code of the Republic of Azerbaijan, informed of his rights, questioned as a defendant during the preliminary investigation, and has exercised his rights throughout nearly a year of court proceedings. He also noted that the defendant has repeatedly referred to Article 91 of the Criminal Procedure Code when submitting motions and has exercised his right to refuse to testify during the trial.

The prosecution stated that Ruben Vardanyan clearly understands his procedural status and that the testimony of a representative of an international organization would not clarify or determine such status, as international organizations do not define a person’s procedural standing in criminal proceedings. Taking this into account, the prosecution requested the court to reject the motion.

After hearing the parties, the court deliberated on the spot and ruled to deny the motion, stating that it was irrelevant to the case and lacked evidentiary value. The presiding judge emphasized that the court examines whether the person is guilty, and statements by representatives of international organizations have no relevance in this regard.

Subsequently, defense lawyer Emil Babishov submitted a second motion, stating that the case materials include protocols and video recordings related to inspections conducted at the office used by Ruben Vardanyan and his residence. The defense argued that certain facts in the video footage require clarification and therefore requested that the investigator be summoned and questioned as a witness.

Ruben Vardanyan supported this motion as well. In response, Senior Assistant to the Prosecutor General Vusal Aliyev stated that the motion was unfounded, noting that Article 95 of the Criminal Procedure Code clearly defines the grounds for questioning an investigator as a witness, and no such grounds exist in the current proceedings. The prosecution therefore requested that the motion be denied.

After considering the parties’ arguments, the court rejected the motion, emphasizing that under Article 95 of the Criminal Procedure Code, investigators fall within the category of persons who may not be questioned as witnesses.

Following this, Presiding Judge Zeynal Agayev asked the parties for their views regarding the conclusion of the judicial investigation. The parties stated that they had no objections to concluding the investigation and commencing oral arguments. The prosecutors requested time to prepare their speeches.

The next court hearing has been 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).