Criminal cases initiated on the facts with criminal feature having impact on the outcomes of the last war in Artsakh

December 21, 2020

The General Prosecutor’s Office of the RA, as during the period from September 27, to November 9, 2020 – during the aggressive war started by military and politic leaders of Azerbaijan and actively supported by the Republic of Turkey, members of

international terrorist groups, mercenaries involved during the whole duration of the aggressive war also on November 9 after the signing of a trilateral ceasefire declaration monitoring of mass media and social networks for gathering data and facts on

war and disastrous consequences.


Taking into account the causal relationships of the war with painful result, the realities and circumstances, it is especially urgent to have objective investigation in the criminal field, make strict assessment in monitoring recorded information, which

contained features of various crimes were sent from the RA Prosecutor General's Office to respective Investigative bodies with instructions to make the circumstances mentioned as a subject of criminal examination and legal assessment.

 

As a result, the RA NSS Investigation Department, the RA Investigative Committee's General Military Investigation Department and the RA SIS prosecution under proper prosecutorial oversight are investigating large-scale, multi-layered criminal cases,

which are subject to martial law restrictions and public awareness. The following is presented.

 

As a result of operative-investigative measures carried out by the RA NSS, information was received that from the very first day of the war, separate civilian, as well as military servicemen were involved in the units of the Azerbaijani Defense Army to

solve war problems, predetermined the outcome of the war. Information on the continuation of resistance is meaningless. Criminal cases have been initiated on these facts, a preliminary investigation is underway, within the framework of which there are

also persons with the status of an accused.


 
During the military operations in the southern direction of the Artsakh Republic another criminal case was initiated on October 29, 2020 on the fact of alleged refusal to perform military service duties in the Investigative Department of the RA NSS under

Article 364, Part 3 of the RA Criminal Code and the preliminary investigation is underway.


On November 19, 2020 immediately after the press conference of Movses Hakobyan, the former head of the Military Control Service of the RA Ministry of Defense, held at the "Hayeli Akumb", the RA Prosecutor General sent its video to the RA Special

Investigative Service to prepare materials under Articles 180-181 of the RA Criminal Procedure Code.


In the result, on November 21, 2020, a criminal case was instituted under Article 308, Part 2 of the RA Criminal Code on actions during the war in Artsakh, committed by a group of high-ranking RA officials, which contradicted the regulations contained

in a number of documents of the RA Ministry of Defense negatively impacting on the effectiveness of the armed forces and the outcome of the war.


The applications addressed to the RA Prosecutor General by the leaders of some parties, lawyers and others, as well as the press publications regarding the offer of 5 billion dollar, were immediately sent by the RA Prosecutor General's Office to the

same preliminary investigative body to be attached to the mentioned criminal case. The investigation of the criminal case is underway.


 
Besides, the materials regarding allocation of 1,400 Armenian passports to Azeris who know Armenian by the heads of passport offices, 400 Azeris passing from Nakhichevan to Artsakh through Kajaran, for the 2018 revolution in Armenia, made by

Nikol Pashinyan The materials on receiving 48 million USD by his team-mates from the Turks and Azeris were sent from the RA General Prosecutor's Office to the RA SIS in order to prepare materials under Articles 180-181 of the RA Criminal

Procedure Code. G. Isaghulyan has refused to give an explanation on the circumstances he had reported, and in the result of operative-investigative measures carried out by the RA Police and the RA NSS within the framework of the proceedings to

verify the mentioned circumstances, no such information was received. On this ground, a decision was made to refuse to initiate a criminal case on the above-mentioned statements on the grounds of corpus delicti, after which a criminal case was

initiated on the grounds of false betrayal.


 
In the result of mass media and social networks monitoring still in mid-November 2020, a report was made stating that in a number of publications, notes, videos, there were allegations, general information during the war showing that in the southeast

of the Republic of Artsakh, around Shushi Artsakh Defense Army volunteers have deliberately retreated and gave the city. The report with the attached videos and publications was sent by the RA General Prosecutor’s Office to the Investigative

Department of the RA NSS in order to find out the presented data, to make a full, proper criminal and legal assessment under Article 364, Part 3 of the RA Criminal Code.


In order to ensure a comprehensive, complete and objective investigation of the circumstances of the criminal case by the prosecutor supervising the legality of the preliminary investigation to this end an instruction was given on 07.12.2020 to carry out

other investigative actions. On the same day, the Prosecutor General of the Republic of Armenia addressed a letter to the Head of the National Security Service of the Republic of Armenia to undertake operative-investigative measures in accordance

with the above-mentioned instruction. 

 

Other mass media publications, evidences and observations by the Russian journalist, the audio record with the participation of the President of the Republic of Artsakh, the interview of 12.12.2020 by Samvel Babayan, the former Secretary of the

Security Council of Artsakh and other materials have also been sent by the RA General Prosecutor’s Office to the RA NSS Investigative Department.

 

Besides the above, the RA NSS Investigative Department and RA IC Military General Investigative Department is also investigating several criminal cases on various weapons and ammunition or embezzlement, fraud, misconduct related with military

clothing and equipment, food, etc. In the scope of these cases, the RA Prosecutor's Office examines the statements and information, as well as the documents attached to them on such processes, which contain features of a definite crime.

 

The comprehensive information on these criminal proceedings will be provided later.

 

The issue of the impact on the final outcome of the war will become the main subject of special investigation in all ongoing proceedings.