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Justice according to Azerbaijan
Azerbaijan Criminalized What It Had Itself Permitted
Article 100.2 — Conducting an Aggressive War
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Analysis of the verdict in the case of Ruben Vardanyan
- CRIMES AGAINST PEACE AND THE SECURITY OF MANKIND
- Article 100.2 — Conducting an Aggressive War
Alleged Act:
“Participation in the continuation of the occupation of sovereign territories.”
Ruben Vardanyan’s “joining” of this alleged act — namely, the “continuation of the occupation of sovereign territories” — took place, according to the case files, in December 2020.
Evidence Underlying the Charge
No evidence was presented regarding any action aimed at “conducting a war.”
The sole factual basis for “joining” is the allocation of funds to Artsakh by the Aurora Humanitarian Initiative on December 9, 2020, and the arrival of laureate Mirza Dinnayi in Stepanakert, alongside undisclosed “operational information.”
Missing entirely are any formal act of joining, date, counterparty, or connection between humanitarian funding and military operations.
Imposed Penalty
Twenty years of imprisonment handed down by the verdict, one of the maximum sentences issued under the ruling.
Taron Simonyan’s Analysis
Most absurd here is that the Baku Military Court managed to consider “proven” the charge of “conducting an aggressive war” brought against Ruben Vardanyan, a man who never had a military career and never took part in any military operations.
Taron Simonyan’s Analysis
“Conducting a war” entails executing an armed attack.
The court substitutes this concept with “continuation of occupation,” thereby punishing presence in the territory rather than an actual act.
Furthermore, after November 10, 2020, the status of that territory was established by the Trilateral Statement, signed also by the President of Azerbaijan, under which Russian peacekeepers were deployed there.
Azerbaijan is effectively deeming a crime that which it had itself permitted.
Taron Simonyan’s Analysis
There is an inherent contradiction: according to the charge, Vardanyan “joined” the “continuation of the occupation of sovereign territories” in December 2020, at a time when the war had already ended, and he was in Moscow.
Yet, the Baku court found a way around this, as well: according to the charge, the “joining” itself is proven by the funding from the Aurora Humanitarian Initiative, which in turn is deemed criminal simply because its founder had supposedly already “joined” the “continuation of the occupation of sovereign territories.”
Taron Simonyan’s Analysis
Naturally, searching for logic here is futile, as none exists.
You have a circular argument in which not a single link is independently proven.
Yet, this did not prevent the charge from being deemed “proven,” resulting in Vardanyan receiving the maximum penalty specified under this article: 20 years.
“Justice” According to Azerbaijan: Ruben Vardanyan Found “Guilty” of Deporting the Azerbaijani Population in 1988–1994
Part 3
- CRIMES AGAINST PEACE AND THE SECURITY OF MANKIND
- Article 107 — Deportation or forcible transfer of the population
Alleged Act: Deportation of the Azerbaijani population: 442,841 individuals across 924 settlements (1988–1994).
Evidence Supporting the Charge: There is no evidence whatsoever pertaining to Ruben Vardanyan. The only material submitted is Official Response No. 3-36/2-3659/2023, dated November 4, 2023, from the State Committee of Republic of Azerbaijan for Refugees and Internally Displaced Persons, alongside a narrative on historical background. Furthermore, the figure provided in the letter itself — 635,646 internally displaced persons — does not match the 442,841 stated in the indictment, a discrepancy the court fails to account for.
Imposed Penalty: The court sentenced Vardanyan to 14 years of imprisonment under this article.
Taron Simonyan’s Analysis: All episodes refer to the years 1988–1994, when Ruben Vardanyan was between 20 and 26 years old. During this period, he was studying, then working, and living in Moscow. Notably, the act of deportation is legally complete at the moment the population is displaced, meaning participation in an already completed offense is impossible. Therefore, Vardanyan’s liability is ruled out under Azerbaijan’s own law (Article 34.6 of the Criminal Code).
The court attempts to bridge this 30-year gap using the theory of “preventing return.” However, “preventing return” constitutes an act distinct from deportation, and the court fails to specify what concrete actions Ruben Vardanyan allegedly took to prevent such return. Only the heading of the article remains intact. Moreover, applying a 2006 statute to acts committed between 1988 and 2000 violates the prohibition on retroactive law, a principle the judgment itself quotes from the Constitution, only to ignore it in the very next line.
Nevertheless, this sequence of absurdity and lack of logic did not prevent the Baku Military Court from finding Vardanyan “guilty” under this article.
Ruben Vardanyan Charged with an Offense Where the Sole “Evidence” Is His Armenian Identity
Article 109 — Persecution of a Group on Political, National, Ethnic, and Other Prohibited Grounds
Analysis of the verdict in the case of Ruben Vardanyan
- CRIMES AGAINST PEACE AND THE SECURITY OF MANKIND
Article 109 — Persecution of a Group on Political, National, Ethnic, and Other Prohibited Grounds
Alleged Act:
Persecution on national and political grounds, and obstructing the return of displaced persons.
Evidence Underlying the Charge
No independent evidence whatsoever is presented against Ruben Vardanyan.
The prosecution relies solely on a response letter (No. 3-36/2-3659/2023, dated November 4, 2023) from the State Committee of Republic of Azerbaijan for Refugees and Internally Displaced Persons, alongside a historical narrative.
There is zero evidence regarding any decision, action, or statement by Vardanyan.
Imposed Penalty
Nine years of imprisonment, handed down by the verdict.
Taron Simonyan’s Analysis
Persecution entails intentionally depriving a specific group of people of fundamental rights.
However, the verdict cites no victims, no decisions, and no actions personally committed by Ruben Vardanyan.
Taron Simonyan’s Analysis
The most problematic element is the motive, which is essentially inferred from the defendant’s nationality: his Armenian identity.
Yet being Armenian in no way implies an intent to persecute Azerbaijanis.
In essence, guilt has been substituted here by Vardanyan’s ethnic origin.
Taron Simonyan’s Analysis
Incidentally, Vardanyan’s only documented activity in the region was providing humanitarian assistance to the population of Artsakh.
Ruben Vardanyan Found “Guilty” of the Enforced Disappearance of 3,980 Azerbaijanis
Article 110 – Enforced Disappearance
Analysis of the verdict in the case of Ruben Vardanyan
- CRIMES AGAINST PEACE AND THE SECURITY OF MANKIND
Article 110 – Enforced Disappearance
Alleged Act:
Refusal to provide information regarding the fate of 3,980 individuals (1989–2020), including 490 men, 283 women, and 3,207 military personnel.
Evidence Underlying the Charge
Once again, the prosecution offers no evidence connecting Ruben Vardanyan to this charge.
Instead, it relies on Official Response No. 542 (dated December 5, 2023) from Azerbaijan’s State Commission on Prisoners of War, Hostages and Missing Persons.
This document lists 3,890 individuals registered as missing in connection with the First Nagorno-Karabakh War, comprising 3,171 service members and 719 civilians.
A Discrepancy Left Unexplained
The numbers in the prosecution’s own evidence fail to match the figures in the formal charge, a discrepancy the court left entirely unexplained.
Imposed Penalty:
The court handed down the maximum penalty of 20 years’ imprisonment.
Taron Simonyan’s Analysis
Under this article, criminal liability applies only to those who actively participated in abductions or who were legally obligated and equipped to provide information about the individuals’ fate.
Ruben Vardanyan served as State Minister of the Republic of Artsakh for just 3.5 months – from November 4, 2022 to February 23, 2023 – with a portfolio strictly limited to economic and social affairs.
The verdict fails to demonstrate that he ever possessed such information, let alone held the legal authority or duty to disclose it.
Taron Simonyan’s Analysis
Furthermore, the period of the alleged offense (1989–2020) entirely predates his arrival in the region.
He is being held criminally responsible for events that occurred before he was even present.
To compound this, the court arbitrarily inflated the figure from its own primary piece of evidence, substituting 3,890 with 3,980 without any justification.
Taron Simonyan’s Analysis
Despite the complete absence of even a remote piece of evidence establishing Ruben Vardanyan’s individual guilt, he was sentenced to 20 years in prison under this charge.
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