Abraham Berman, Ruben Vardanyan's lawyer, recently commented on the ongoing trial in Baku. In his opinion, an analysis of the materials presented by the Azerbaijani Prosecutor's Office has revealed a number of serious legal problems.
"I am convinced that the prosecuting party has not sufficiently taken into account the fundamental principles of criminal law, including the requirement to establish a direct causal link between the defendant's actions and their alleged consequences, as well as the necessity of proving the subjective aspect (criminal intent) of each specific crime. Criminal liability can only arise when the principle of individual responsibility is strictly observed, actions are qualified by the principle of legal clarity, international obligations are respected, and procedural guarantees are fully maintained."
Siranush Sahakyan, a member of Ruben Vardanyan's international legal team, commented on Berman's statements in conversations with "Azatutyun" Radio and 1in TV. She described Berman's step as unprecedented, emphasizing that not only independent journalists but also human rights defenders and lawyers are suppressed in Azerbaijan. According to the human rights defender, Abraham Berman, in his statement, was guided by the consideration of representing his client's interests and remained exclusively in the professional domain, trying to prevent possible pressure and persecution against him due to his professional activities. Sahakyan emphasizes: despite Berman refraining from sharp formulations and assessments, he nonetheless states that we are dealing with an accusation that is baseless. Berman stressed the importance of the presumption of innocence, rights of defense, fair trial, international obligations, and principles of individual responsibility.
"The lawyer, on the one hand, emphasized the accusation's emptiness, hollowness, and groundlessness, and on the other hand, demonstrated the violations of the right to a fair trial during the trial process. It has been repeatedly voiced that the defense was deprived of opportunities to organize a defense; for example, the accusation was not presented from the outset, the indictment was not provided or translated, or only separate sections were provided, and access to the criminal case materials was restricted on the grounds of being a state secret. We also saw that during the trial, contact between Ruben Vardanyan and his lawyer was limited," Siranush Sahakyan noted in a conversation with "Azatutyun."
At recent sessions, a number of individuals presented as victims and successors of victims testified in court, accusing Vardanyan, who held the position of Artsakh State Minister for only three and a half months and did not coordinate the military sphere, of war crimes. At the last court session, Vardanyan requested that a copy of the indictment be handed over to his family, which the court, however, rejected.
Abraham Berman stated that criminal liability can only arise when the principle of individual responsibility is strictly observed, actions are qualified by the principle of legal clarity, international obligations are respected, and procedural guarantees are fully maintained. "Any violation of these principles calls into question the legality and fairness of the criminal prosecution and trial," the lawyer declared.
Siranush Sahakyan notes that the statement exhibits a highly professional approach, containing no direct criticism of public authorities. "The statement was about the accusation being groundless, that there are no facts that contain elements of a crime and for which Ruben Vardanyan could be punished. The acts qualified as criminal offenses are an unavoidable part of everyone's activity, and if these acts are to receive a criminal legal qualification, then it can threaten each of us," Sahakyan emphasized.
In his statement, Berman also touched upon individual criminal responsibility. In Azerbaijan, the declaration of Artsakh's independence is qualified as an impermissible activity, and they are trying to bring criminal legal consequences for all Armenians who, to a certain extent, for a certain period, participated in the administration of the Republic of Artsakh. "This truly contradicts the most important principle – individual responsibility – and it turns out that individuals are being held accountable for the legitimate activities of self-determined Artsakh through a popular vote, even though they did not independently carry out any criminal activity. And here it is interesting that the charitable humanitarian activity carried out in the unrecognized Republic of Artsakh is also qualified as a criminally punishable act. If we are to be guided by that logic, even the International Committee of the Red Cross, which carried out humanitarian activities in Artsakh, could face criminal threats."
Siranush Sahakyan notes: "If we evaluate Ruben Vardanyan's actions separately, they do not fall under any corpus delicti, and this is why the criminal accusation lacks certainty and a concrete basis related to criminal legislation."
In his statement, Abraham Berman also addressed procedural violations, particularly emphasizing the issue of restrictions on the right to defense and speaking about the presumption of innocence.
"During the trial, the subject of discussion is not Mr. Vardanyan's specific actions, but the general situation. For example, it is not cited that 'in a specific place,' 'in a specific period,' Mr. Vardanyan gave, for example, such-and-such an illegal order, or that with his involvement, any person was deprived of life, or that he provided military assistance to an entity that could not be legitimate," Siranush Sahakyan notes, adding that a person cannot be held accountable for general actions; clear acts containing elements of punishable actions must be identified, and the person can be accused of committing such actions.
According to the human rights defender, similar contradictory and factually baseless accusations are also attributed to other imprisoned representatives of Artsakh's military-political leadership. "Here we have an identical situation. It's another matter that the other leaders of Artsakh are represented through the lawyers of the Azerbaijani Public Defender's Office, and these lawyers predominantly carry out 'pocket' advocacy and are interconnected with law enforcement agencies in their actions. They are unable to organize an effective defense in any way and, consequently, do not come forward with public statements or raise these issues. But, in our assessment, this problem is characteristic not only of Vardanyan's case but is also general for the trials of all our compatriots."