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THE PROSECUTOR OFFERED LIFE AND 22 YEARS IN PRISON
Tuesday, 30 December 2014 12:05
On December 19, the NKR general jurisdiction first-instance court
continued the trial over Azerbaijani subversives Dilham Askerov and
Shahbaz Guliyev. Pleadings started that day, and the court heard the
speech of prosecutor Karen Gabriyelian.
K. Gabrielyan noted that his speech was an assessment and analysis of
the evidence and circumstances studied during the trial, which were
to be proved, basing on the summing up of the case, proof of the act
and its legal qualification.
The prosecutor began his speech with the evidence confirming defendant
Dilham Askerov's guilt on paragraphs 3 and 14 of part 2 of article
103 of the NKR Criminal Code, namely, murder combined with kidnapping
motivated by ethnic hatred. Thus, during the forensic examination of
Smbat Tsakanyan's body a 7.62 mm-caliber bullet was found in his neck,
which was recognized as material evidence. During the detention and
personal search of defendant Askerov, an AKMS submachine gun of 7.62
mm-caliber, number TF 7373, produced in 1994, as well as a muffler for
the submachine gun were seized. According to the ballistic expertise,
the submachine gun was in a good condition and suitable for shooting.
According to the conclusion of the medical examiner, the bullet
extracted from Smbat Tsakanyan's neck was of factory production, 7,62
mm-caliber, 1943-year model, 7,62h 39 (57-3-232 with reduced bullet
speed), the bullet fired from the submachine gun was part of a live
cartridge provided for a silent shot. The noted bullet was fired from
an AKMS-type submachine gun, number TF 7373, produced in 1994, which
was seized from defendant Askerov during the personal search. During
the inspection of the area, six shells were found and recognized as
material evidence.
During the personal search of defendant Askerov, a SIM-card
belonging to S. Tsakanyan and 87 thousand Armenian drams were found
in the pocket of his jacket. During the inspection of the place of
Tsakanyan's kidnapping, Armenian drams were also found. The fact of
Armenian drams availability at Smbat Tsakanyan was confirmed by the
witnesses' testimony.
Based on the sufficient and accurate evidence, only one conclusion can
be made - the murder of Smbat Tsakanyan was committed by defendant
Dilham Askerov from the submachine gun found during the personal
search. And the fact that the murder was motivated by ethnic hatred
was confirmed by the testimony of Shahbaz Guliyev: when immediately
after the murder he came up to Smbat Tsakanyan, Askerov asked, "Why,
you have pitied the Armenian boy?". Besides, in the videos of 2007 and
2014 Askerov spoke about the Armenian nation in a totally hostile tone.
In addition, the number of cartridges (6) corresponds to the number
of gunshot wounds found on the body of the murdered Armenian boy. The
cartridges were found in the place of discovering the body, i.e. the
murder was committed exactly in the place pointed out by Shahbaz
Guliyev, and the fact that all the six bullets were fired from one
submachine gun - TF 7373 - confirms that the murder was committed by
one person - Dilham Askerov.
Dilham Askerov's and Shahbaz Guliyev's accusation of crossing the NKR
protected border in June 2005 without proper documents and permission
is confirmed by such evidence as the testimonies by defendants
Dilham Askerov and Shahbaz Guliyev, witness Yeghishe Markosyan,
video on CD-ROM of model, which were collected
during the preliminary investigation and studied at the court. Dilham
Askerov's accusation of crossing the NKR protected border in June 2007
without proper documents and permission provided for by paragraph 1
of article 350 of the NKR Criminal Code is confirmed by the testimony
of Dilham Askerov.
Dilham Askerov's accusation of crossing the NKR protected state border
in September 2007 without proper documents and permits and collecting
information, on the instructions of the Republic of Azerbaijan's
intelligence service, containing state secrets, and other data is
confirmed by the testimony of D. Askerov (confirms the crossing of
the state border).
The charges provided for by part 2 of article 35, by article 316,
by part 3 of article 245 of the NKR Criminal Code for the illegal
crossing of the NKR protected state border on June 29, 2014 by a
group including defendants D. Askerov and Sh. Guliyev, as well as G.
Hasanov, on the instructions of the Republic of Azerbaijan's
intelligence service collecting information containing state secrets,
etc., with illegal carrying of submachine guns and ammunition, are
confirmed by the following evidence collected during the preliminary
investigation and studied at the court: a CD-ROM video, a digital camcorder owned by Hasan Hasanov, the
protocol on its inspection, the protocols on personal search, the
submachine guns and ammunition recognized as material evidence, the
protocols on their examination, and the conclusions of the forensic
ballistic expertise. The charges against D. Askerov and Sh. Guliyev
provided for by paragraph 1 of part 3 of article 129 and by paragraph
3 of part 3 of article 183 of the NKR Criminal Code are confirmed
by other evidence: a video of June - July 2014, a protocol on the
inspection of the scene, a vest, a duffel bag and a belt that belonged
to Sh. Guliyev and had traces of blood. According to the expert, these
were traces of cattle blood. The charges against defendant D. Askerov
under part 1 of article 183, paragraphs 2 and 3 of part 3 of article
183, and part 1 of article 344 are confirmed by the following evidence
studied during the trial: testimony by Sh. Guliyev, the Armenian drams
recognized as material evidence, 3 SIM-cards of Karabakh Telecom CJSC,
a phone card, the protocols on their inspection, the protocols on the
personal search of D. Askerov, the evidence by witness G. Bagiryan and
sufferer V. Balayan, a civil jacket, a military uniform, a military
ID, the passport owned by sufferer V. Balayan, which were recognized
as material evidence, and the protocols on their inspection.
Now about the charges against defendant Sh. Guliyev under article
316 of the NKR Criminal Code. During his stay in the territory of the
NKR Karvachar region in June - July 2014, he did not personally film
anything, but before the illegal crossing of the NKR protected state
border, together with the team leader, D. Askerov, and a team member,
H. Hasanov, participated in the espionage preparation (acquisition of a
camcorder and other actions confirmed by the court), and in accordance
with part 5 of article 40 of the NKR Criminal Code, the theory and
practice of the criminal law, members of an organized criminal group
are considered persons involved in the elaboration of the plan of crime
or the persons who knew about this plan and actively implemented it.
Thus, given the sufficiency of evidence collected during the
preliminary investigation and examined by the court, given the nature
and degree of danger of the committed crimes for the society, the data
describing the identity of the perpetrator, including the liability,
the mitigating and aggravating circumstances, the prosecutor proposed
the final punishment as life imprisonment for defendant Dilham Askerov
under a number of articles of the NKR Criminal Code.
The prosecutor suggested the final punishment as 22 years of
imprisonment for defendant Shahbaz Guliyev under a number of articles
of the NKR Criminal Code.
Svetlana KHACHATRIAN
http://artsakhtert.com/eng/index.php?option=com_content&view=article&id=1666:-the-prosecutor-offered-life-and-22-years-in-prison&catid=1:all&Itemid=1
From: Emil Lazarian | Ararat NewsPress
Tuesday, 30 December 2014 12:05
On December 19, the NKR general jurisdiction first-instance court
continued the trial over Azerbaijani subversives Dilham Askerov and
Shahbaz Guliyev. Pleadings started that day, and the court heard the
speech of prosecutor Karen Gabriyelian.
K. Gabrielyan noted that his speech was an assessment and analysis of
the evidence and circumstances studied during the trial, which were
to be proved, basing on the summing up of the case, proof of the act
and its legal qualification.
The prosecutor began his speech with the evidence confirming defendant
Dilham Askerov's guilt on paragraphs 3 and 14 of part 2 of article
103 of the NKR Criminal Code, namely, murder combined with kidnapping
motivated by ethnic hatred. Thus, during the forensic examination of
Smbat Tsakanyan's body a 7.62 mm-caliber bullet was found in his neck,
which was recognized as material evidence. During the detention and
personal search of defendant Askerov, an AKMS submachine gun of 7.62
mm-caliber, number TF 7373, produced in 1994, as well as a muffler for
the submachine gun were seized. According to the ballistic expertise,
the submachine gun was in a good condition and suitable for shooting.
According to the conclusion of the medical examiner, the bullet
extracted from Smbat Tsakanyan's neck was of factory production, 7,62
mm-caliber, 1943-year model, 7,62h 39 (57-3-232 with reduced bullet
speed), the bullet fired from the submachine gun was part of a live
cartridge provided for a silent shot. The noted bullet was fired from
an AKMS-type submachine gun, number TF 7373, produced in 1994, which
was seized from defendant Askerov during the personal search. During
the inspection of the area, six shells were found and recognized as
material evidence.
During the personal search of defendant Askerov, a SIM-card
belonging to S. Tsakanyan and 87 thousand Armenian drams were found
in the pocket of his jacket. During the inspection of the place of
Tsakanyan's kidnapping, Armenian drams were also found. The fact of
Armenian drams availability at Smbat Tsakanyan was confirmed by the
witnesses' testimony.
Based on the sufficient and accurate evidence, only one conclusion can
be made - the murder of Smbat Tsakanyan was committed by defendant
Dilham Askerov from the submachine gun found during the personal
search. And the fact that the murder was motivated by ethnic hatred
was confirmed by the testimony of Shahbaz Guliyev: when immediately
after the murder he came up to Smbat Tsakanyan, Askerov asked, "Why,
you have pitied the Armenian boy?". Besides, in the videos of 2007 and
2014 Askerov spoke about the Armenian nation in a totally hostile tone.
In addition, the number of cartridges (6) corresponds to the number
of gunshot wounds found on the body of the murdered Armenian boy. The
cartridges were found in the place of discovering the body, i.e. the
murder was committed exactly in the place pointed out by Shahbaz
Guliyev, and the fact that all the six bullets were fired from one
submachine gun - TF 7373 - confirms that the murder was committed by
one person - Dilham Askerov.
Dilham Askerov's and Shahbaz Guliyev's accusation of crossing the NKR
protected border in June 2005 without proper documents and permission
is confirmed by such evidence as the testimonies by defendants
Dilham Askerov and Shahbaz Guliyev, witness Yeghishe Markosyan,
video on CD-ROM of model, which were collected
during the preliminary investigation and studied at the court. Dilham
Askerov's accusation of crossing the NKR protected border in June 2007
without proper documents and permission provided for by paragraph 1
of article 350 of the NKR Criminal Code is confirmed by the testimony
of Dilham Askerov.
Dilham Askerov's accusation of crossing the NKR protected state border
in September 2007 without proper documents and permits and collecting
information, on the instructions of the Republic of Azerbaijan's
intelligence service, containing state secrets, and other data is
confirmed by the testimony of D. Askerov (confirms the crossing of
the state border).
The charges provided for by part 2 of article 35, by article 316,
by part 3 of article 245 of the NKR Criminal Code for the illegal
crossing of the NKR protected state border on June 29, 2014 by a
group including defendants D. Askerov and Sh. Guliyev, as well as G.
Hasanov, on the instructions of the Republic of Azerbaijan's
intelligence service collecting information containing state secrets,
etc., with illegal carrying of submachine guns and ammunition, are
confirmed by the following evidence collected during the preliminary
investigation and studied at the court: a CD-ROM video, a digital camcorder owned by Hasan Hasanov, the
protocol on its inspection, the protocols on personal search, the
submachine guns and ammunition recognized as material evidence, the
protocols on their examination, and the conclusions of the forensic
ballistic expertise. The charges against D. Askerov and Sh. Guliyev
provided for by paragraph 1 of part 3 of article 129 and by paragraph
3 of part 3 of article 183 of the NKR Criminal Code are confirmed
by other evidence: a video of June - July 2014, a protocol on the
inspection of the scene, a vest, a duffel bag and a belt that belonged
to Sh. Guliyev and had traces of blood. According to the expert, these
were traces of cattle blood. The charges against defendant D. Askerov
under part 1 of article 183, paragraphs 2 and 3 of part 3 of article
183, and part 1 of article 344 are confirmed by the following evidence
studied during the trial: testimony by Sh. Guliyev, the Armenian drams
recognized as material evidence, 3 SIM-cards of Karabakh Telecom CJSC,
a phone card, the protocols on their inspection, the protocols on the
personal search of D. Askerov, the evidence by witness G. Bagiryan and
sufferer V. Balayan, a civil jacket, a military uniform, a military
ID, the passport owned by sufferer V. Balayan, which were recognized
as material evidence, and the protocols on their inspection.
Now about the charges against defendant Sh. Guliyev under article
316 of the NKR Criminal Code. During his stay in the territory of the
NKR Karvachar region in June - July 2014, he did not personally film
anything, but before the illegal crossing of the NKR protected state
border, together with the team leader, D. Askerov, and a team member,
H. Hasanov, participated in the espionage preparation (acquisition of a
camcorder and other actions confirmed by the court), and in accordance
with part 5 of article 40 of the NKR Criminal Code, the theory and
practice of the criminal law, members of an organized criminal group
are considered persons involved in the elaboration of the plan of crime
or the persons who knew about this plan and actively implemented it.
Thus, given the sufficiency of evidence collected during the
preliminary investigation and examined by the court, given the nature
and degree of danger of the committed crimes for the society, the data
describing the identity of the perpetrator, including the liability,
the mitigating and aggravating circumstances, the prosecutor proposed
the final punishment as life imprisonment for defendant Dilham Askerov
under a number of articles of the NKR Criminal Code.
The prosecutor suggested the final punishment as 22 years of
imprisonment for defendant Shahbaz Guliyev under a number of articles
of the NKR Criminal Code.
Svetlana KHACHATRIAN
http://artsakhtert.com/eng/index.php?option=com_content&view=article&id=1666:-the-prosecutor-offered-life-and-22-years-in-prison&catid=1:all&Itemid=1
From: Emil Lazarian | Ararat NewsPress