AZERBAIJAN’S MILITARY PROSECUTOR’S OFFICE: "WE FIGHT NOT AGAINST ARMENIANS BUT AGAINST MILITARY CRIMINALS"
Today.Az
/politics/44454.html
April 22 2008
Azerbaijan
Day.Az interview with Ilham Mamedov, first deputy of Azerbaijan’s
Military Prosecutor, head of joint operative group on investigation
of crimes, committed during Armenia’s aggression against Azerbaijan.
-How does the investigation of crimes, committed by Armenians in
Khojaly, proceed?
-The case on the said fact was closed in March of 1994 due to
impossibility to reveal persons who committed the said crime. Yet we
restarted the said case after the Constitutional law was adopted and
re-qualified it into genocide in line with article 103 of the Criminal
Code. After we started to regard these events on basis of the existing
materials of the case and collected evidences as an international
crime, as all objective data give us grounds to say like that.
We have repeatedly appealed to our colleagues to Russian prosecutor’s
office in Moscow in connection with this case. We have helped us
in most issues, sent materials of the criminal case. We collected
other evidences, started to question witnesses, held expertise,
that is started to conduct procedure actions. Today, we have already
presented accusations to 37 persons on facts of crimes in Khojaly. All
these people are direct executers, who killed, attacked children,
women and elderly people. Among them, there were servicemen of the
well-known 366th division.
The evidences regarding the said 37 people were contained in the
initial materials of the case. We have managed to reveal them on
basis of witnesses of people who managed to survive in this hell.
Today, we base on the norms of international law, which allow us to
hold such kinds of investigation. On the other hand, the European
convention and European Court are, as we think, guarantors of our
application of norms of international law, our responsibility as a
state, which is bound to prevent such crimes and gives the right to
those persons, whom we brought to criminal responsibility, to appeal
to the European Court.
I would repeat that the international convention demands from us to
investigate such a case. Moreover, the state is bound to cooperate
with other states in the resolution of this issue.
-Does the list of these 37 people contain persons, who led the
separatist movement in Karabakh?
-I want the community not to confuse these two categories: separatist
leaders and criminals. We do not pursue people who think differently,
we pursue those who are criminals in the framework of international
criminal law. The convention is fixing these two concepts separately.
-However, the former president of Armenia Robert Kocharyan stated
openly that he is proud of having participated in the liberation
of Shusha.
-We have not yet given legal assessment to whether he has participated
or not. This is quite a different question. We consider the question
from the point of view of international criminal law. Of course, if
evidences proving participation of Kocharyan or any other person in
this crimes are collected, they will be brought to responsibility. For
bringing this or that person to a criminal responsibility, we can
not adhere to emotions or any unchecked information.
I would like to stress the role of European Court in this issue. The
European legal area, whom Azerbaijan is an element to and by the way
Armenia, is quite a new element for us, which lays responsibility on
officials and law enforcement bodies. In this case we can only speak
about law.
-Anyway, following the recent elections in Armenia, the list of the
so-called "Karabakh clan" included those who fight against Azerbaijan
with guns in their hands. This is the currently president of the
country S.Sarkissyan, Minister of Defense Oganyan and others. Does the
military prosecutor’s office have any facts regarding these people,
which prove that they committed crimes against the Azerbaijani people?
-First of all, to elect a president is a business of people. I
think the opinion of the Azerbaijani people appeared during the
elections. As we see, not everyone supports the aggressive policy
of the country’s leadership, as there are many people, who adhere to
democratic principles.
Anyway, we will have to live with Armenians and those Armenians,
who lived and live in Nagorno Karabakh are our citizens and we are
responsible for ensuring their rights.
We fight not against Armenians. We fight against military criminals.
-What can you say about investigation of crimes, connected with
brutal attitude to Azerbaijani citizens, captured during the Karabakh
conflict?
-29 people were brought to responsibility on this fact. These were
Armenian natives who violated norms of humanitarian law, that is those
who took direct part in tortures. Such crimes were committed against at
least 1378 Azerbaijani citizens whom we managed to free from captivity.