After the trilateral declaration of November 9, 2020 the 120 staff of the infantry battalion of N 1 military unit of RA DM, under the command of J.M., lieutenant colonel was transferred under the direct command of the commander of the Defense Army from November 26, 2020 and was included in the combat duty in 12 military positions of eastern border of “Hin Tagher” position.
By the criminal proceedings of May 26, 2023 separated from the criminal case initiated on December 15, 2020 it was substantiated that on December 11, 2020 at 20:30, servicemen of the Armed Forces of Azerbaijan, violating the ceasefire regime started an attack at N military position of the mentioned subdivision, where V.Gh. Mayor, Head of the Staff of the same Subdivision was also on the combat duty. As a result of military operations that lasted 40 minutes, under the leadership of Mayor V.Gh., the staff was forced to retreat, as a result whereof the military position was left under the control of the enemy. Mayor V.Gh. being responsible for keeping documents containing official secret, failed to take the location map of the military position during the retreat, as a result whereof the enemy took the map and learned the coordinates and outlines of the positions of the eastern part of “Hin tagher” position.
At the same time lieutenant colonel J.M. included in the staff of the combat duty failed to fulfill his official duties in due manner. Particularly, J.M. reported about the attack only on N military position and about the wounded servicemen to the higher command personnel. Besides that according to his reports the situation calmed down, however there was an accumulation of enemy forces. Afterwards, J.M. knowing about the accumulation of the enemy and knowing also about the possibility of withdrawal of another staff from another military position, without sufficient grounds, ordered the staff of the mentioned position to remain in the position and continue perimeter protection, assuring that they will soon receive a help.
As a result, from December 11, 2020 at 20:30 until December 12, 2020 at 12:00 the staff of the N position gradually appeared in the complete blockade of the enemy and was deprived of the opportunity to get out of the blockade in time as a result of acting on the basis of the order issued by J.M. On December 12, 2020 at 12:00 as servicemen of the other military position A.SH., R.M., S.A., A.M., G.B., S.H., H.A., H.M., G.A. did not receive any help and on their own initiative, they left the position, appeared in the field of view of the enemy's armed forces and were killed, and the observers of the same position A.H., D.Vo. were captured by the enemy on December 13, 2020.
On June 2, 2023 the materials of the proceedings were received in the RA Military Prosecutor’s Office. Charges were brought against J.M., commander, lieutenant colonel and V. Gh, Head of the Staff of the Subdivision under part 3 of article 376 of the Criminal code adopted on 18.04.2003.
On June 8, 2023, the supervising prosecutor approved the indictment and submitted it to the First Instance Court of General Jurisdiction of Syunik region with the materials of the proceedings.
Notice: A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.