The discovery of mass graves believed to belong to persons missing during the First Karabakh War continues in the liberated territories.
According to the latest information, the number of such graves reached 32 by August 30, 2026. As a result of molecular-genetic examinations carried out on the remains removed from the graves, the identities of 327 missing persons were determined by June 30, 2026, and the remains of 226 of them were handed over to their families.
One of the striking facts is the mass grave discovered in Edilli village of Khojavand region. In 2022, a criminal case was initiated in the Military Prosecutor's Office regarding this fact.
Now, the question that interests society is whether criminal cases are opened in connection with the discovered mass graves, and whether the persons who committed the crime can be held accountable based on international conventions.
Kamran Bayramov, a member of the Milli Majlis, told Modern.az that the discovery of mass graves belonging to the period of the First Karabakh War in the liberated territories is a complex process that has legal consequences not only as a humanitarian issue, but also in the context of national legislation and international law.
According to the deputy, such facts can be subjected to legal evaluation not as individual domestic crimes, but as part of crimes of a mass and systematic nature.
K. Bayramov stated that the provisions of the Criminal Code of Azerbaijan regarding crimes against peace and humanity and violations of the laws and customs of war allow for the investigation of individual death facts in the form of various episodes within the framework of a single criminal case.
According to the deputy, each new grave and human remains discovered within the framework of the investigation conducted by the General Prosecutor's Office can be evaluated not as a separate criminal case, but as a new episode or evidence material in the existing criminal case.
Bayramov explained this by the necessity of investigating the killing of victims in the same historical period and under similar circumstances, as well as possible connections between the facts.
The investigation is conducted in several stages
Kamran Bayramov stated that the investigation of such cases requires a multi-stage procedure.
According to him, in the first stage, after ensuring the safety of the area, including demining, the scene is inspected with the participation of prosecutor's office employees, forensic experts, archaeologists, and geneticists.
The boundaries of the grave are determined, soil layers are systematically investigated, the location of discovered human remains and other material evidence is documented, and recorded with photos and videos.
In the second stage, the exhumation and laboratory examination of human remains are carried out. Through physical-anthropological and other examinations, the sex, approximate age, and other indicators of the victims, as well as the possible mechanism and causes of death, are investigated. DNA profiles are extracted in parallel.
In the third stage, the obtained DNA profiles are compared with genetic data previously collected from close relatives of missing persons. When a match is determined, the identity is confirmed.
The deputy noted that, in parallel, witness statements, archival documents, topographic maps, and information obtained from former military personnel are also compared with other evidence.
According to Bayramov, the evidence collected within the framework of a single investigation, including information about the location of relevant military units, the persons who gave orders, and the commanders who controlled the territory, can create a legal basis for investigating the issue of criminal responsibility of specific individuals.
The deputy believes that if a sufficient legal and evidentiary base is formed, these materials can serve as a basis for raising the issue of responsibility in national courts or relevant international legal instances in the future.
Lawyer, head of the Constitutional Research Foundation, Alimammad Nuriyev also shared his thoughts on the matter.
Alimammad Nuriyev stated that generalized statistics on how many criminal cases are being investigated in connection with the 32 mass graves discovered in open official information, and how many separate facts these cases cover, have not been disclosed.
According to him, therefore, it would not be correct to state a specific number:
“There is no direct correlation between the number of mass graves and the number of criminal cases. A mass grave is the actual place of discovery, and a criminal case is a procedural proceeding. The remains of several or dozens of people can be found in one grave, and the circumstances of their death can be investigated within the framework of the same criminal case.”
The lawyer noted that, on the contrary, a criminal case can also cover numerous acts that occurred in different places and at different times, but are factually and legally related to each other.
According to A. Nuriyev, the concept of “criminal episode” is used to distinguish a specific event or a certain part of related acts, and each episode does not mean a separate criminal case.
“There can be numerous episodes in one criminal case. It appears from the information released by the General Prosecutor's Office regarding individual mass graves that necessary procedural actions and examinations are carried out on the discovered facts, and the collected materials are added to the ongoing criminal cases. It is also possible to combine criminal cases into one proceeding or separate a certain part into a separate proceeding if there are procedural grounds.”
Alimammad Nuriyev believes that it would be useful to disclose generalized statistics on mass graves to the public.
In his opinion, providing information on how many criminal cases are being investigated for 32 mass graves, how many death facts have been determined, how many people have been prosecuted, and which facts are reflected in cases already sent to court, is important from the point of view of public interest.
Nuriyev also stated that the investigation in this direction is under the special control of the Prosecutor General and a special investigation group has been created for this purpose. According to his assessment, the investigations are conducted at a professional level.
“Each victim's fact must be proven separately”
The lawyer emphasized that the identity of each victim, the fact of death, the cause and circumstances of death must be determined and proven individually.
However, this does not mean that a separate criminal case is conducted for each victim:
“For example, if the remains of 20 people are removed from a mass grave, this does not automatically require the initiation of 20 criminal cases. If there are grounds to believe that the killing of these persons is related to the same event, by the same persons, or to the activities of armed groups, these facts can be investigated within the framework of one criminal case for individual victims and acts.”
According to Nuriyev, the main issue is not the number of criminal cases, but the separate proof of what happened for each victim and each death incident.
During the investigation, it must be determined when and under what circumstances the person went missing, whether they were taken captive or hostage, where they were held, and when and for what reason they died or were killed.
The lawyer stated that whether there are signs of a crime in the fact of death, and if there are such signs, who can be held individually criminally responsible, is also the subject of the investigation.
DNA only answers the question “who is this person?”
Alimammad Nuriyev called the discovery of a mass grave a starting point from an investigative perspective.
According to him, in the first stage, the condition of the crime scene is recorded in a procedural manner, the location of human remains is documented, and exhumation is carried out. Clothing, personal belongings, bullet and shell fragments, binding materials, and other material traces found with the remains are collected and examined.
Then, forensic, molecular-genetic, and other examinations are carried out depending on specific facts. DNA profiles obtained from human remains are compared with samples taken from close relatives of missing persons.
“DNA can answer the question 'who is this person?'. The question of who killed him and under what circumstances must be answered by the investigation with evidence. DNA identifies the person, but it cannot answer the question of how and under what circumstances he was killed.
For this, it is required to investigate previous information about the person's disappearance, capture or hostage-taking, where and under whose control he was last seen, and which military unit or armed group controlled the area during that period.
Statements of former prisoners and hostages, archival and military documents, orders, lists, photo-video materials, expert opinions, and other evidence are cross-checked.
Determining the presence of various injuries and signs of violence in the remains through forensic medical examination is also of particular importance. If such facts are discovered, the act must be given a legal assessment based on the evidence."
According to A. Nuriyev, depending on the relevant legal grounds, it can be about murder, torture, illegal deprivation of liberty, and other crimes, as well as war crimes.
He added that if there is sufficient evidence, the individual criminal responsibility of persons who participated in the organization of the crime, gave orders, assisted, and participated in other forms should also be investigated.
“Each new grave is also a new source of evidence. It can reveal a previously unknown crime fact or provide new evidence for an already investigated crime.”
Nuriyev stated that while identifying the victim is an answer that families have been waiting for decades, from the perspective of criminal investigation, more complex questions arise: how and by whom the person was killed, and who bears individual responsibility for the criminal acts must be determined with reliable and court-verifiable evidence.
