Azerbaijani Prosecutor General's Office: "Khachatryan is one of nine wanted in connection with the crime of Meshali"
Meshali tragedy, Vagif Khachatryan
“Nine people were put on the wanted list as defendants in connection with the Meshali crime that occurred in 1991; one of them, Vagif Khachatryan, was detained. The search for other accused continues.” This was stated by senior assistant to the Prosecutor General of Azerbaijan for special assignments Ilgar Safarov. He also talked about the details of the investigation of the Meshali tragedy, about what awaits Khachatryan, and about the activities of law enforcement agencies in the direction of investigating other crimes committed against civilians during the Armenian–Azerbaijani conflict over Karabakh.
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In an interview with the APA news agency, Safarov said that after the arrest of Khachatryan, he underwent a medical examination, and then he was provided with an interpreter and a lawyer:
“He was placed in a medical facility and examined by doctors about his state of health. Because he, through the mediation of the International Committee of the Red Cross, wanted to leave the country for treatment. After a medical examination, he was provided with an interpreter and a lawyer. Charges were made against him and he was interrogated. Currently, other investigative measures are ongoing against him,” Safarov said.
On July 29, Khachatryan was detained by the servicemen of the State Border Service of Azerbaijan at the Lachin checkpoint of the Azerbaijani-Armenian state border while trying to leave for the Republic of Armenia for treatment through the International Committee of the Red Cross.
The Armenian Foreign Ministry declared the arrest of Khachatryan by Azerbaijani law enforcement officers a “kidnapping” and called on the international community to influence Azerbaijan for his return.
“Khachatryan is one of the nine wanted”
According to the Assistant Prosecutor General, Khachatryan was put on the wanted list in 2013 based on the statements of the victims.
“Initially, during the investigation, the identities of 9 Armenian militants who participated in the Meshalinka massacre were identified, and they were all put on the wanted list. One of them, Vagif Khachatryan, was detained. Investigative actions are ongoing in the direction of searching for other wanted persons, as well as establishing the identity of other participants in the crime.”
According to Safarov, after Khachatryan’s arrest, new statements are being received from people who claim to have suffered from the actions of this man.
“All persons identified during the preliminary investigation have been interrogated, including recognized as victims. In the course of the investigation, new allegations have already begun to arrive. The interrogation of these persons is currently ongoing. If it is determined that they need to be recognized as victims, they will be recognized as such,” he said.
The Meshali tragedy occurred on December 23, 1991. According to the official information of the Azerbaijani side, on that day Armenian militants attacked the village of Meshali in the former Askeran, now Khojaly region of Azerbaijan. Azerbaijani volunteers tried to protect the village. As a result of the skirmishes, 28 people were killed and 14 people were injured. Among the dead were 8 women and 3 children. Houses and administrative buildings were looted, destroyed and burned. The damage to the village amounted to about 5.5 million manats.
On January 11, 1992, a criminal case was initiated on these facts in the city of Shusha.
“The statute of limitations does not count for war crimes”
Ilgar Safarov, answering a journalist’s question about whether the period of criminal liability has expired due to the fact that more than 30 years have passed since the Meshali tragedy, said that the statute of limitations is not taken into account for war crimes, crimes against peace and humanity.
“This rule does not apply to those who committed these crimes. Vagif Khachatryan is currently under investigation. It is legally incorrect to express an opinion on how he should be punished and for how long he should be imprisoned. This is contrary to the presumption of innocence. Because there is no court verdict against this person.
After the completion of the investigation, if there is enough evidence collected against Vagif Khachatryan, an indictment will be drawn up and the criminal case will be sent to the court for consideration. During the trial, it will already be possible to talk about some kind of punishment, some mitigating and aggravating circumstances.
If there are mitigating circumstances provided for by law, then all of them should relate to Vagif Khachatryan. Because he is a citizen of the Republic of Azerbaijan and will be able to enjoy the rights enjoyed by all other citizens.”
“All crimes committed since 1988 are being investigated”
Ilgar Safarov noted that not only the Meshali tragedy was being investigated, but also “all the crimes committed by Armenians since 1988.”
“Each fact is recorded in the prosecutor’s office. The identities of those killed and wounded have been established. Currently, the investigation of this type of criminal cases continues in the Special Investigation Department of the Military Prosecutor’s Office and the Prosecutor General’s Office.
The Assistant Attorney General states the need to conduct on-site investigative actions in criminal cases under investigation. But this process is delayed due to the mining of territories.
“You know that most of the territories liberated from occupation were mined. After the tripartite statement, as a humanitarian step, Armenia offered to provide minefield maps, but did not keep its promises. The presented maps of minefields displayed only 25 percent of reality. For this reason, the complete cleaning of the territories and the creation of safe conditions require a little more time. However, the necessary investigative actions are being carried out in areas that have already been cleared of mines and where security measures have been taken.
Investigated criminal cases are conducted in several directions – crimes of genocide, torture crimes, crimes committed by Armenians against Azerbaijanis in modern times, environmental crimes, etc. There are cases when it is necessary to examine the places associated with these crimes. As the territories are cleared, this process is moving forward.”
