Category: 2022

ArmInfo.Former commander of the Defense Army, chief adviser to the President of Artsakh Mikayel Arzumanyan has been charged for the "retreat" order given to the  military staff that liberated the Arega height and adjacent combat  positions during the 2020 war in Artsakh, the press service of the  Investigative Committee of Armenia reports.

According to the source, as a result of large-scale investigative and  procedural actions carried out within the framework of the criminal  proceedings being investigated in the Department of Investigation of  Particularly Important Cases of the Main Military Investigation  Department of the RA Investigative Committee, it was established that  M.A. (Mikael Arzumanyan), who held a military leadership position, in  order to emphasize his authority and priority position and other  personal interests, during the aggressive war unleashed in 2020 by  the military-political leadership of the Republic of Azerbaijan, in  the conditions of the declared martial law, exceeded the limit of his  official powers, which led to through negligence, serious material  consequences.

As noted, the investigation found out that on September 28, 2020, the  Arega height, located on the defensive site of the N military unit of  the Defense Army, which is of great strategic importance in the area  in the north-eastern direction of Artsakh, as well as the combat  positions adjacent to it came under the control of the Azerbaijani  Armed Forces. A counterattack launched on the same day to liberate  the lost positions failed.

On September 29, 2020, the Armenian units launched a new  counterattack operation to liberate the Arega height and adjacent  combat positions, which was crowned with success. On the same day, at  about 9:50am, the Armenian units managed to take control of the Arega  height, the adjacent combat positions and the enemy's rear support  route, causing great losses to the enemy. In particular, about 10  units of enemy armored vehicles were destroyed, the main part of the  enemy's manpower located at the indicated height – several dozen  military personnel, two armored personnel carriers were taken as  trophies.

On September 29, 2020, around 4:00pm, Major General M.A. approached  his units that had liberated the height, and, having familiarized  himself with the situation, namely, that the Arega height and  adjacent combat positions, the enemy's rear support road was under  the control of his units, that as a result of the counterattack, it  was possible to destroy the enemy's main manpower, armored vehicles,  ordered the military staff to leave the liberated height <Arega> and  retreat, not having such an authority to give orders to the military  staff of the units participating in the counterattack, not being  their immediate superior, not having the authority and such an order  from the higher command to visit this place and carry out any combat  mission, while  explaining his this action by the fact that the  implementation of another operation is already planned at this place.

The units refused to comply with the "retreat" order given by  Major-General M.A.,, the general, upset by such a circumstance,  ordered to contact the commander of the military unit, after which  the latter also ordered by radio to instruct the subordinate units to  leave the Arega height and retreat.

In response to the order of M.A. the commander of the military unit  objected, arguing that it was inappropriate to retreat from the  liberated height, since then the enemy would take a dominant position  and there would be a danger of Armenian units falling into an  encirclement. Meanwhile, M.A., using the fact that in the past he was  the immediate head of the commander of the military unit, his  military authority, insisted and demanded to immediately fulfill his  order, adding that he knows better the depths of the defense, better  control of the situation, as a result of which the commander of the  military parts, trusting M.A. and being in another place in the area  of active hostilities at that time, ordered the military personnel to  carry out the order.

As a result of the actions of Major General M.A. the units retreated  to their initial positions, the enemy moved forward unhindered and on  the same day, as of 1:00pm, took control of the Arega height, the  adjacent combat heights, strengthened its forces and resources, from  where it had the opportunity to observe the depth of the defense of  the units and, having developed its success and having a dominant  position, carried out attacks in the direction of other combat posts  of the defensive line, fired at adjacent combat positions. The  counterattacks of our units, carried out on October 3 and October 5,  2020 to liberate the Arega height, failed, during which the units  suffered losses with killed and wounded.

On September 1, 2022, M.A. charged under Part 4 of Article 375 of the  RA Criminal Code, adopted on April 18, 2003 (corresponds to Part 3 of  Article 549 of the current Criminal Code) (excess or abuse of power -  ed. note).  The Investigative Committee recalled that within the  framework of another criminal proceeding for official negligence  shown in organizing the defense of the city of Shushi and adjacent  areas, on August 30, M.A.  was charged under part 3 of Article 376 of  the Criminal Code of Armenia adopted on April 18, 2003 (corresponds  to part 3 of Article 550 of the current Criminal Code of Armenia -  military negligence), a petition was submitted to the court for  election against him arrest as a preventive measure.  On September 1,  2022, the Yerevan Court of First Instance of General Jurisdiction  granted the petition and M.A. was arrested for two months.  

The investigation continues.

ArmInfo.The Armenian Foreign Ministry issued a statement on the occasion of the 31st  anniversary of the declaration of independence of the Republic of  Artsakh.  Thus, the statement of the Armenian Foreign Ministry reads  in part:  "On September 2, 1991, the joint session of the deputies of  all levels of the Nagorno-Karabakh Autonomous Region and Shahumyan  region adopted the declaration of independence of Nagorno-Karabakh. 

This step was the logical consequence of the policy of ethnic  cleansing against Armenians by the Azerbaijani SSR, which is still  manifested today. 

In contrary to the constant statements by the authorities of  Azerbaijan that the Nagorno-Karabakh conflict and the  Nagorno-Karabakh territorial unit no longer exist, it is a fact that  around one hundred and twenty thousand Armenians continue to live in  Nagorno-Karabakh, and as a member of the international community,  they have equal and inalienable rights, and the conflict cannot be  considered as resolved until the core needs of the Armenians of  Artsakh are not addressed. 

Ensuring the security and rights of the Armenian population of  Nagorno-Karabakh as well as a comprehensive and lasting resolution of  the Nagorno-Karabakh conflict by using the experience and potential  of the OSCE Minsk Group Co-Chairmanship, continue to be a milestone  for achieving stability and peace in the South Caucasus.

The Republic of Armenia continues to be committed to providing all  the necessary conditions for the secure life of the people of Artsakh  in their homeland." It should be recalled that on September 2, 1991,  at the joint session of the Nagorno-Karabakh regional and Shahumyan  district Councils of People's MPs, a Declaration was adopted on the  proclamation of the Nagorno-Karabakh Republic within the borders of  the Nagorno-Karabakh Autonomous Region (NKAO) and the Shahumyan  region.  

Thus, the right that reflected in the legislation in force at that  time, in particular, in the law adopted on April 3, 1990, which  provided for the granting to national autonomies of the right to  independently determine their state-legal status in the event of  the  collapse of the Union Republic from the USSR, was realized. On  December 10, 1991, just a few days before the official collapse of  the Soviet Union, a referendum was held in Nagorno-Karabakh, during  which the vast majority of the population – 99.89% – voted for  complete independence from Azerbaijan. After that, the NKR parliament  was elected in the parliamentary elections, which formed the first  government. The independent government of the NKR carried out its  duties under the conditions of an absolute blockade and the  subsequent military aggression of Azerbaijan.

ArmInfo.The Prosecutor General's Office of Armenia is deeply mistaken when it refers to the absence of direct legal international obligations of the country on  the issue of absolute prohibition of the death penalty.

The Republic undertook a similar obligation by signing and ratifying Protocol 13  of the European Convention on Human Rights. A similar opinion was  expressed to ArmInfo by human rights activist Artur Sakunts,  commenting on the Attorney General's proposal to impose the death  penalty for high treason.

Yesterday, on September 1, Prosecutor General of Armenia Artur  Davtyan addressed Chairman of the Council of Constitutional Reforms,  Minister of Justice of Armenia Karen Andreasyan with a proposal to  create constitutional and legal grounds for the application of the  death penalty for high treason.

Meanwhile, according to the human rights activist, even the absence  of such international obligations does not mean that the death  penalty can be applied in Armenia as a punishment. "Such an approach,  such thinking itself, is incompatible with the principles of any  legal state. High treason can be punished in other ways, in the end,  life imprisonment. Delegating the right to take a person's life by  society to the state is fundamentally unacceptable," he emphasized.

The Prosecutor General's initiative has already met opposition from  Human Rights Defender of Armenia, member of the Council for  Constitutional Reforms Kristinne Grigoryan. The latter emphasized the  inappropriateness of the very discussion of such a proposal, in view  of the violation of constitutional and democratic values, the  protection of the right to life and human rights in general.  

In this light, the human rights activist had doubts about the degree  of familiarization of the RA Prosecutor General with the 13th  protocol of the European Convention, which clearly and unambiguously  fixes the inviolability of the human right to life and abolishes the  death penalty as a punishment.

"I do not think that such a decision can be made in our country,  because it will obviously be a big step back in the development of  democracy. The right to human life is inalienable, and many  justifications have been presented in favor of this thesis. Armenia  cannot and will not be executed, regardless of the type of crime  committed," Sakunts summed up. 

ArmInfo.The main conclusion that can be reached based on the published results of the so-called "Fourth Brussels" is an agreement on a kind of November review of the  achievements of Armenia and Azerbaijan in preparing for the signing  of a peace treaty. Leader of the Armenian Constructive Party,  political scientist Andrias Ghukasyan, expressed a similar opinion to  ArmInfo.

Following a 4-hour meeting in Brussels on August 31, the leaders of  Armenia, Azerbaijan and the head of the European Council reached an  agreement to continue substantive negotiations at the level of  foreign ministers for a month around the development of a draft peace  treaty.

Nikol Pashinyan, Charles Michel and Ilham Aliyev discussed the return  of prisoners of war, the fate of the missing persons, delimitation  and border security regional deblockade, as well as the settlement of  relations between Azerbaijan and Armenia and issues affecting the  Karabakh problem.  An agreement was also reached to hold a meeting of  the Commission on Delimitation and Border Security in November in  Brussels. The next leader level meeting will also take place in  November.  

"According to my estimates, apparently, this should foresee a  discussion of the status of Artsakh,  within the framework of the  Madrid proposals, as well as a discussion of the Armenia-Azerbaijan  agenda, which will include clarification of borders, unblocking of  communications, as well as  humanitarian issues such as prisoners of  war, missing persons, demining. A peace treaty should resolve these  three cases. However, I am not at all sure that it will be concluded  due to the obvious inconsistency with the interests of Baku, for  example, the clause providing for the clarification of the status of  Artsakh itself," he noted.

According to the political scientist, as a precondition for  cooperation with the EU, Brussels  put forward a demand to Armenia  and Azerbaijan to resolve the current conflict. Both Yerevan and Baku  have their own reasons for maintaining the existing relationship with  Brussels, which encourages them to demonstrate their readiness to  move in the given direction.

"At the same time, as of today I don't see real opportunities,  respectively, the basis for forecasting a common position following  the results of the Brussels process. First of all, due to the  unacceptability of its successful completion for the leadership of  both Azerbaijan and Armenia. As for Aliyev, the referendum in Artsakh  is unacceptable for him, and as for Pashinyan, the appearance of an  international peacekeeping contingent in the region is contrary to  Moscow’s interests, and his government cannot and does not want to  oppose Moscow," Ghukasyan summed up.