Արցախի Հանրապետության Դատախազություն

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REFERENCE

on criminal cases initiated in relation to serious violations by the armed forces of the Republic of Azerbaijan of the norms of international humanitarian law 
during armed clashes of 2-4 April, 2016 
 
1. Criminal Case No. 131006.16 on elements of crimes provided for in paragraph 1 part 1 of Article 416 (Serious Violations of International Humanitarian Law during Armed Conflicts), paragraphs 1 and 6 part 2 of Article 416 and paragraph 2 part 3 of Article 416 of the Criminal Code of the Nagorno Karabakh Republic:
 
During the period from April 2- 3, 2016, Azerbaijani armed forces, aiming to achieve military advantage, in flagrant violation of international law, using prohibited means and methods of warfare and gravely violating norms of international humanitarian law, indiscriminately attacked civilian population in the deep rear of the Line of Contact. In the village of Talish of the NKR Martakert region, Azerbaijani armed forces with particular cruelty, deliberately and unlawfully deprived Razmela Vardanyan (born in 1956), Valerik Khalapyan (born in 1951) and Marusya Khalapyan (born in 1924) of their lives by:
inflicting a gunshot wound in the right side of the face, mutilation of both ears, four gunshot wounds to the left arm, two gunshot wounds to the left side of the chest and two in the back of Razmela Vardanyan,  
gunshot wounds on the right buccal part, left part of the lower jaw, right lateral surface of the neck with damage to the carotid artery, mutilation of both ears, multiple gunshot wounds to the chest and the back of Valerik Khalapyan, as well as an injury to the right temporal part, 
gunshot wounds to the left side of the upper jaw, left lateral part of the neck, the shoulder, left lateral part of the back and mutilation of the left ear of Marusya Khalapyan.
 
As part of the same criminal case, a preliminary investigation on the following incidents is also underway:  
 
On 4 April 2016, at around 2:30 pm, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the civilian objects in the residential areas of Martouni town. As a result, resident of the same town Irina Baghdasaryan (born in 1958) received shrapnel wounds to the right arm and the surface of the rear chest wall.
 
On 4 April 2016, at around 7:00 pm, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, as well as with the aim of intentional destruction of particularly large amounts of property, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the civilian objects in the residential areas of Askeran town. As a result, a cafeteria owned by a resident of the same town Eric Gabrielyan (born in 1978) suffered damages, causing the latter particularly large amount of material loss.  
 
2. Criminal Case No. 171010.16 initiated on 2 April 2016 under paragraphs 6 and 14 part 2 of Article 103 (Murder), and paragraphs 1, 6 and 14 part 2 of Article 103 of the Criminal Code of the Nagorno Karabakh Republic.
 
On 2 April 2016, at around 8:40 am, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the village of Zoravan of the Martouni region. As a result, resident of the village of Her-Her of the same region Vagharshak Tatoul Grigoryan (born in in 2004), receiving shrapnel wounds to the neck, trachea, the esophagus and the left carotid artery, died on spot. Three other residents of the same community were wounded. Vardan Vladik Andreassian (born in 2005) received a shrapnel wound in the upper third of the thigh and fracture of femoral bone, while Gevorg Tatoul Grigoryan (born in 2005) got a shrapnel wound of the thigh with extensive soft tissue injury, and Gorik Tatoul Grigoryan (born in 2005) received a scratch on the eyebrow.
 
3. Criminal Case No. 161013.16 initiated on 2 April 2016 under Article 33 (Attempt to commit a crime) and paragraphs 6 and 14 part 2 of Article 103 (Murder) of the Criminal Code of the Nagorno Karabakh Republic.
 
On 2 April 2016, at around 6:30 am, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the village of Madaghis of the Martakert region. As a result, head of the same community Zaven Somik Avanessyan (born in 1985) received multiple shrapnel wounds to the head and torso.
 
4. Criminal Case No. 161014.16 initiated on 2 April 2016 under Article 33 (Attempt to commit a crime) and paragraphs 6 and 14 part 2 of Article 103 (Murder) of the Criminal Code of the Nagorno Karabakh Republic.
 
On 2 April 2016, at around 9:00 am, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the village of Talish of the Martakert region. As a result, resident of the same village Tsovinar Vladimir Aghajanyan (born in 1961) received shrapnel injuries to the upper third of the right arm bone.
 
5. Criminal Case No. 161015.16 initiated on 2 April 2016 under Article 33 (Attempt to commit a crime) and paragraphs 6 and 14 part 2 of Article 103 (Murder) of the Criminal Code of the Nagorno Karabakh Republic.
 
On 2 April 2016, at around 9:00 am, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the village of Talish of the Martakert region. As a result, resident of the same village Garegin Vladimir Aghajanyan (born in 1973) received abdominal shrapnel wounds.
 
6. Criminal Case No. 161016.16 initiated on 2 April 2016 under Article 33 (Attempt to commit a crime) and paragraphs 6 and 14 part 2 of Article 103 (Murder) of the Criminal Code of the Nagorno Karabakh Republic:
 
On 2 April 2016, at around 7:55 pm, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the village of Madaghis of the Martakert region. As a result, resident of the same village Kamo Arshavir Abrahamyan (born in 1961) received multiple shrapnel wounds to the body.
 
7. Criminal Case No. 161017.16 initiated on 2 April 2016 under Article 33 (Attempt to commit a crime) and paragraphs 6 and 14 part 2 of Article 103 (Murder) of the Criminal Code of the Nagorno Karabakh Republic:
 
On 2 April 2016, at around 3:00 am, Azerbaijani armed forces on the grounds of national, racial or religious hatred or religious fanaticism, and for the purpose of intentional and unlawful deprivation of the lives of two or more persons, using rocket artillery systems, in a manner dangerous to the lives of many, shelled the village of Talish of the Martakert region. As a result, resident of the same village Kamo Garik Ohanyan (born in 1999) received shrapnel injuries to the left knee.