By the first half of February of 1992 Armenians captured settlements in surroundings of highway Shusha-Khojaly and Shusha. Khojaly was totally besieged and devoid of communication by air. Missiles and air-defense artillery of the enemy prevented helicopters flying to Khojaly. At night from February 25th to 26th of 1992 Armenian armed forces together with 366 motorized infantry regiment occupied town of Khojaly and nearby airport. Armenian armed forces and 366 motorized regiment of Russian army fulfilled atrocious genocide against people of Khojaly. Khojaly was only one of 57 settlements of Daglyg Garabagh, which was populated only by Azerbaijani. The town held strategic position along the highways Agdam-Shusha and Khankendi-Askeran. In 1991 population of Khojaly constituted 7 thousand people and along with local Azerbaijani population there were living Azerbaijani Turks forced to flee from Armenia, Khankendi and other parts of Daglyg Garabagh and also Meskheti Turks withdrawn from Uzbekistan. Armenians applied tactics of “scorched earth” during the attack to Khojaly. For several hours before the attack the town was under continuous shelling from artillery guns and armored vehicles and was turned into the ashes. At that time L.Ter-Petrosyan, the president of Armenia, addressed to Armenians: “You, Armenians, while killing the enemy must not show mercy. You must not have a mercy for the enemy until you will exterminate in Daglyg Garabagh all those who are named Azerbaijani and restore there our civilization”. Armenian soldiers later taken as war-prisoners confirmed that this atrocious policy was implemented. Mikhail Gazaryan (inhabitant of Gadrat region) said: “of course, I knew that I am going to fight, but I did not imagine that I will be shooting into the children and even kill them”. Ashot Barkhudaryan (from Megri region) described the events as the following: “people were shouting, crying, took out our wounded people, while Azerbaijani were lying in the middle of the road and tanks, armored vehicles and trucks drove over them”. Rantik Mirzoyan (from Yerevan) recalled: “And there I saw atrocities done by our people. I have never seen something like that. The smell of decayed corpses spread all over. Corpses were everywhere”. Current president of Armenia Serj Sarkisyan, unmasking true image of Armenians, said in his interview to a foreign journalist: “Until the events in Khojaly, Azerbaijani thought that they can joke to us, they thought that Armenians will not fight against civil population. We broke this stereotype. Namely this has happened”. Survived citizens of Khojaly aghast at the only remembrance of the events. Sanuber Alekperova also recalls: “There was a large hill of corpses, they shot my mother and wounded my daughters Sevinj and Hijran, the bullet reached me also. Young women and children were dying on the snow”. Jamil Mamedov remembers: “taking with me my 5 years old grandchild and money, 14 thousand roubles, I run toward the forest, by the morning I understood that the child would not stand the frost, so I went to nearby village Nakhchyvnik. There Armenians captured us, they pulled out my finger-nails, beat me in my face by legs, took away my grandchild and up to now I do not know what happened to him”. Sariyya Talybova witnessed more awful events: “We were brought at Armenian cemetery … There, on the grave of Armenian fighter they killed 4 Meskheti Turks and 3 Azerbaijani as sacrifice …Then before eyes of parents they tortured the children and killed them… Soon after they brought 2 Azerbaijani in the uniform of national army and by piece of iron with sharpened end poked through their eyes”. Ramil Hasanov, 11 years old, said that “I can not forget how my friends Elchin and Elgiz died in the forest, their legs frozen, they could not run with us, they were silently lying in the snow and slowly closing their eyes”.
Genocide in Khojaly can not be compared to any other tragedy in the world. And the nation guilty in this tragedy, has no place in international community. Some time the international community will understand this and made appropriate decision. According to official statistics, during the genocide in Khojaly 613 people of civil population were killed with an extreme atrocity and of these 63 were children, 106 women and 70 elderly. 56 people in Khojaly were killed with an extreme atrocity, over 1000 people, including 76 children became disabled, 8 families were exterminated, 25 children had lost both parents, 130 children lost one of the parents, 1275 people were taken as hostages. Armenians did no allow to take out most of the corpses from town, so only 335 people were buried. Up to now there is no information about the destiny of 150 citizens of Khojaly. They are still in Armenian captivity. Attack to Khojaly was headed by Major Seyran Okhanyan (currently he is the Defense Ministry of Armenia), Evgeniy Nabokikhin, by Valeriy Chitchyan and over 50 officers and warrant officers of Armenian origin. Medico-legal expertise of 181 corpses brought from Khojaly to Agdam (130 men, 51 women and of these 13 corpses of children) evidenced that 151 people were killed by bullets, 20 by fragments of missiles, 10 by blunt tools, in most corpses the skin of head, noses, ears and other parts of body were cut.
Armenians attack to Khojaly was not just the military operation. The aim was atrocious extermination of civil population. They clearly understood that there are no significant armed forces in Khojaly. A small number of defense consisted of one squadron of OMON, platoon of self-defense and mine-throwing brigade. These forces leaded by Alif Hajiyev fiercely resisted attackers, but failed to defeat multiply excessing forces and weapons of the enemy. Almost all defendants of the town died as heroes.
Events in Khojaly must be recognized by international community as genocide against Azerbaijani by Armenians. All objective features of genocide existed during the events in Khojaly.
Genocide is international crime in aim of total or partial extermination of any national, ethnic, racial or religious group and committed as the following:
– extermination of members of these groups;
– inflicting severe wounds;
– violent impediment to childbirth;
– violent transfer of children from one group into the other;
– violent resettlement;
– development of situation aimed at extermination of group.
Crime of genocide for the first time adopted legal status on December 9 of 1948 based on resolution of 260 A (III) of General Assembly of UN.
At the same time, there are a number of international law norms and agreements, which give basis for evaluation of events in Khojaly as genocide:
Charter of Nurnberg War crimes Tribunal (actions, which compose genocide are defined as crimes against humanity and military crimes).
Article 4 of charter of International War Crimes Tribunal for former Yugoslavia.
Article 1 of charter of International War crimes Tribunal for Rwanda.
Article 6 of Statute of International Criminal Court.
Article 103 of Criminal Code of Azerbaijan Republic.
Decree of President of Azerbaijan Republic dated from March 26 of 1998 “On genocide of Azerbaijani”.
Taking into account all abovementioned the legal norm “Genocide” generates the following juridical consequences based on international law:
a) criminal prosecution and punishment of those who committed crime of genocide.
b) crime includes not only the act of genocide, but also the attempt to commit genocide, direct and open instigation in aim to fulfill genocide, attempt to commit genocide and participation in genocide.
c) principles of universal jurisdiction must be applied to those who committed genocide.
d) reference on order while participation in genocide does not take off the responsibility
e) leaders are responsible for not taking measures for prevention of crime of genocide.
f) in cases of crime of genocide there are no restrictions for period of commencement of criminal prosecution.
g) in case of crime of genocide the retroatic application of law is permitted.
h) for commencement of criminal prosecution of those who committed crimes of genocide they have to be extradited to the country demanding their extradition.
Thus, according to international law standards the atrocities of Armenians against Azerbaijani in Khojaly are defined as genocide.
Taking all this into account the Azerbaijani government has to submit to the International Criminal Court all required proofs.
International Criminal Court in its turn has to:
- Recognize as genocide the massacre in Khojaly
- Establish tribunal based on special regulations developed on the basis of all shown provable facts in order to appropriately punish those who committed crimes. If it turns to be impossible, International Tribunal and national court have to punish those, who considered guilty in committing of genocide according to norms of parallel jurisdiction.
On this page of history there were seriously violated Human rights and freedoms protected by norms of international law. Atrocities of Armenians against Azerbaijani in Khojaly directly contradicted international law.
While the events in Khojaly the rights of Azerbaijani were severely violated – in particular rights for life, for freedom, for personal immunity and rights for property. Genocide committed by Armenians against Azerbaijani nation seriously violated Geneva Convention on Human Rights and freedom, Universal Declaration of Human Rights adopted on December 10, 1948 by General Assembly of UN, European Convention for the Protection of Human Rights and Fundamental Freedoms,m regulations of International Covenant on Civil and Political Rights.
The rights indicated in abovementioned documents were violated by Armenians in Khojaly genocide. There were violated the following articles of Universal Declaration of Human Rights adopted on December 10, 1948 by General Assembly of UN:
a) Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
b) Article 3: Everyone has the right to life, liberty and security of person.
c) Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
d) Article 9: No one shall be subjected to arbitrary arrest, detention or exile.
e) Article 17: Everyone has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property.
There were also violated the rights indicated in the International Covenant on Civil and Political Rights adopted together with Universal Declaration on Human Rights by General Assembly Resolution 2200 A (XXI) and entered into force on March 23, 1976:
a) Article 6: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
b) Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
c) Article 8: No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
d) Article 9: Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Are not violated the rights of people killed, wounded or taken as war-prisoners in Khojaly?
Certainly, their rights are severely violated, February 26 of 1992 the Azerbaijani people in Khojaly were deprived of their rights by Armenians and were exposed to killings and violence. Taking into account all these facts, Azerbaijan have to appeal to UN Committee on Human Rights in order to defend rights of its people.
The act of genocide in Khojaly also violated stipulations of European Convention for the Protection of Human Rights and Fundamental Freedoms:
a) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
b) Article 3: No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
c) Article 4: No one shall be held in slavery or servitude.
d) Article 5: Everyone has the right to liberty and security of person.
e) Article 8: Everyone has the right to respect for his private and family life, his home and his correspondence.
613 people killed, over 1000 disabled, facts of imprisonment and violation of about 1500 people are openly contradict to indicated articles of convention. Taking all this into account, Azerbaijan had to appeal to European Court for Human Rights and demand punishment of Armenians violated these rights.
Tragedy happened today with our nation tomorrow may happen to any other nation. Because Armenia still exists and is involved with spreading of its terrorist ideas. Humanity must not forget that Armenians are TERRORISTS. History does not forget anything.
Children – victims of genocide in Khodjaly
– Khatira Ali gyzy Orujova (8 years old), bullet broke up her shoulder, chest, lungs and ribs. Just by a miracle the girl stayed alive.
– Vusale Ilham gyzy Abdullayeva (4), due to freezing in the forest she had lost fingers of both legs.
– Chinara Nazim gyzy Abyshova (10), captured, her destiny is unknown.
– Vusal Sattar ogly Agayev (10), killed by a bullet wound in forest of Ketik, it was impossible to take out his body from forest.
– Sevinj Isa gyzy Agayarova (7). left in forest of Dehraz together with her brothers Nabi and 6 years old Roman, nothing is known about their fate.
– Samir Tajir ogly Jafarov (5), was captured by-Armenians, nothing is known about the child.
– Nezaket Tapdyg gyzy Chobanova (8), she was killed nearby Gara gaya.
– Sekhavet Tevekkul ogly Alekperov (9), killed by bullet wound.
– Elgiz Firdovsi ogly Aliyev (8) went missing together with his 10 years old brother Elchin.
– Elshan Abil ogly Aliyev (5) was killed by fragment of missile “Alazan”.
– Yegana Maherram gyzy Aliyeva (year and a half) was shot by enemy.
– Yegana Tevekkul gyzy Aliyeva (6) was killed by Armenians in surroundings of Gara gaya.
– Natig Abbasgulu ogly Azimov (6) was killed nearby village of Nakhchyvanik.
– Elgun Nazim ogly Hasanov (4) was killed nearby to village of Nakhchyvanik.
– Aygun Nazim gyzy Hasanova (year and a half) was killed nearby to Nakhchyvanik.
– Maral Kamil gyzy Huseynova (6) was killed along the road to Nakhchyvanik.
– Lala Tahir gyzy Khalilova (4) was killed on the way out of Khodjaly.
– Rasmiyye Aga gyzy Gasymova (11) went missing during the tragedy in Khodjaly, her destiny is unknown.
– Esmira Safar gyzy Gambarova (7) was killed in Khodjaly.
– Samir Taleh ogly Guliyev (2), an Armenian officer crashed to death the head of a child by butt of a rifle.
– Nurana Garyagdy gyzy Guliyeva (13) went missing, her destiny is unknown.
– Ravana Garyagdy gyzy Guliyeva (16) went missing, her destiny is unknown.
– Shukur Garyagdy ogly Guliyev (7) went missing, his destiny is unknown
– Sevinj Akber gyzy Guliyeva (8) was killed.
– Aysel Murad gyzy Mekhdiyeva (5) was killed along the road to Nakhchyvanik.
– Gulmira Murad gyzy Mekhdiyeva (2) was killed along the road to Nakhchyanik.
– Ayshen Zohrab gyzy Muradova (1) was killed by a fragment of missile shelled on the eve of Khodjaly tragedy.
– Maral Kamil gyzy Nabiyeva (8) was killed in surroundings of Khodjaly.
– Kheyale Telman gyzy Orujova (6) was killed nearby to village of Nakchyvanik.
– Natavan Nabi gyzy Orujova (2) was killed.
– Sarvan Elkhan ogly Safiyev (1) got frozen to death in forest nearby to Nakhchyvanik.
– Antiga Vagif gyzy Shukurova (1) was killed in surroundings of Khodjaly.
– Agasif Zakir ogly Veliyev (6) was killed in surroundings of village of Nahchyvanik.
– Natavan Panah gyzy Yusifova (5) was killed in Khodjaly.
– Aynura Tofig gyzy Zeynalova (6) was killed in the forest.
Officers and platoon commanders of 366 regiment committed genocide in Khodjaly:
– Yuriy Yuryevich Zarvigarov. Commander of regiment, Colonel.
– Valeriy Isakovich Chitchyan. Deputy head of headquarter of the first battalion of regiment, Major.
– Vachagan Grigoryevich Agryan. Commander of reconnaissance of regiment, Major.
– Seyran Mushegovich Okhanyan. Commander of the 2d battalion of regiment, Major.
– Aleksandr Aleksandrovich Arutyunov. Commander of the 1st battalion of regiment, major.
– Nerses Grantovich Akopyan. Commander of squadron, senior lieutenant.
– Vladislav Vladimirovich Arutyunov. Commander of squadron, captain.
– Armen Volodiyevich Beyleryan. Technician, warrant officer.
– Vachik Gurgenovich Ayrapetyan. Master sergeant.
– Vachik Grantovich Mirzoyan. Master sergeant.
– Andrey Artushevich Shikhanyan. Deputy Commander of battalion.
– Khachaturyan. Master sergeant.
– Zakharyan. Commander of air-defense platoon, warrant officer.
– Valeriy Bagdasaryan. Major sergeant.
– Grigoriy Akapovich Kisebyan. Commander of platoon, warrant officer.
– Ashot Petrosyan. Head of special division, warrant-officer.
– Evgeniy Nabokikh. Commander of the 3d battalion (his spouse was Armenian).
– Igor Ivanovich Likhodey. Commander of artillery division.
– Andrey Kuznetsov. Commander of chemical defense squadron.
– Viktor Garmash. Commander of tank squadron, head lieutenant, etc.
Investigation documents indicate that Armenian fighters attacked villages of Kerkijahan and Malybeyli were headed by Seyran Okhanyan, the Commander of the 2d battalion. Attack to Khojaly was led by Evgeniy Nabokikh, Commander of the 3d battalion and Seyran Okhanyan, Commander of the 2d battalion.