Commander’s Inaction Failed to Prevent Azerbaijani Army’s May 12 Attack: What Happened
The commander of the Armenian Defense Ministry's N military unit, A. H., had the obligation to make timely decisions regarding combat duty, assign tasks to subordinates, and supervise their execution, as well as to prevent violations of the state border and contact lines, and exclude the possibility of a sudden attack by the adversary. However, on April 15, 2021, having learned that the requirements of his order issued on April 5, 2021, had not been fulfilled, he took no measures to ensure compliance with the order's requirements, as reported by the public relations department of the prosecutor's office.
As a result, the Armed Forces of the Republic of Armenia were deprived of the opportunity to detect and respond to a surprise attack on the Republic of Armenia in a timely manner, leading to severe consequences. On May 12, 2021, units of the Azerbaijani Armed Forces crossed into the Republic of Armenia at the contact line sections adjacent to the settlements of Verin Shorzha, Kut and the Noraback community in Gegharkunik Province, where combat duty had not been established due to the commander’s inaction, and they intruded, establishing combat positions and asserting control over the sovereign territory of the Republic of Armenia.
By the decision of the supervising prosecutor, public criminal proceedings were initiated against A. H. on December 13, 2022, based on Article 365, Part 3 of the Criminal Code of the Republic of Armenia, adopted on April 18, 2003, for violating the rules of combat duty or combat service during a state of martial law, war, or military operations.
Note: A person accused of a crime is presumed innocent until proven guilty by a court decision that has entered into legal force in accordance with the procedure established by the Criminal Procedure Code.