ArmInfo. The lawyer of former Artsakh State Minister Ruben Vardanyan, Avraham Berman, has revealed a number of significant legal issues in the materials presented by the Azerbaijani side that require thorough judicial examination, as stated in a message distributed by the philanthropist's family, which includes the lawyer's comments on the indictment. Vardanyan's lawyer drew attention to the fact that, according to Article 7 of the Criminal Code of the Republic of Azerbaijan, only a person who is found guilty of committing a crime may be held criminally liable. He also emphasized that Criminal liability can only arise for acts that the individual in question actually committed, at a specific time and place, and under conditions that made it possible for them to carry out such acts.
Additionally, Berman recalled that The Republic of Azerbaijan is a party to the European Convention on Human Rights, which imposes certain obligations to uphold standards of fair trial. " Failure to adhere to these standards calls into question the legitimacy of the judicial process and may result in the violation of the defendant's fundamental rights," the lawyer noted. In this vein, he drew attention to the fact that according to this principle, charitable and humanitarian activities-including the restoration of cultural heritage sites and the provision of social assistance to the population-cannot be classified as unlawful in the absence of established legal violations and proven criminal intent. Berman emphasized that. Attempts to portray lawful public activities as criminal contradict the foundations of the rule of law.
"The prosecution has failed to adequately consider 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 need to demonstrate the subjective element (mens rea) of each specific crime. As legal counsel, guided by the principles of professional ethics and constitutional guarantees of the right to defense, I will continue to consistently advocate for strict adherence to the principle of legality within the framework of the legislation of the Republic of Azerbaijan during the consideration of this case," Vardanyan's lawyer concluded.