Although more than 1 year has passed since the tragedy that resulted in the downing of a civilian aircraft belonging to AZAL, the Russian side is not interested in punishing those responsible for the tragedy. It is known that the order to fire on the AZAL aircraft performing the Baku-Grozny flight was given by Major General Aleksandr Tolopilo, Deputy Commander of the 11th Air Defense Army. Foreign Minister Jeyhun Bayramov stated in his remarks to journalists at a press conference held on the results of 2025 that the official letter sent by the Russian side indicated that the Russian Investigative Committee had suspended the investigation into Major General Aleksandr Tolopilo.
In a statement to Modern.az, Arzuxan Alizade, a member of the Human Rights Committee of the Milli Majlis, stated that a criminal case against General Aleksandr Tolopilo should have been pursued to the end and he should have been punished:
“Naturally, we are talking about a criminal. As a result of the criminal act he committed, a civilian aircraft belonging to AZAL was shot down, and people lost their lives. This is a grave international crime. In accordance with the requirements of international law, the Russian side should have immediately opened a criminal case, conducted the investigation to the end, and punished the guilty party.”
The deputy noted that if Russia, on the contrary, closes the investigation, then the issue should be raised at an international level:
“If this does not happen, Azerbaijan gains the right and necessity to bring the issue to the international arena. International aviation bodies should be appealed to, and with the submission of commission opinions and existing evidence, both the specific individual and other persons involved in the crime should be brought before an international court.
I believe that the Azerbaijani side is already taking steps in this direction and will demand this issue to the end. The position of the Russian side is clear: in such cases, it tries to conduct the investigation in a closed, independent manner, outside international control. However, this approach does not absolve it of responsibility.
In such a situation, issuing an arrest warrant in absentia is a fully legal mechanism. This effectively restricts the person's ability to travel to other countries. If he leaves the borders of Russia, he should be arrested and brought to justice.”
Human rights defender Alimammad Nuriyev stated that this issue has been one of the most discussed topics recently and creates an extremely serious legal and political precedent:
The suspension of the investigation within Russia does not close Azerbaijan's maneuvering capabilities; on the contrary, it creates conditions for the further activation of international mechanisms. The Russian Investigative Committee has suspended the investigation into Major General Aleksandr Tolopilo, who is alleged to have given the order to attack. This was reported by the Committee's chairman, Aleksandr Bastrykin. From a legal perspective, this means a failure to conduct an effective investigation, evasion of punishment, and the state's failure to fulfill its international obligations. This situation opens the door for Azerbaijan to international law. Based on the provisions of the Criminal Code of Azerbaijan, a criminal case can be initiated, and criminal prosecution in absentia can be applied. Criminal prosecution in absentia, in turn, creates a legal basis for an international search. Information disseminated in the media indicates that military personnel involved in the process have been identified. A search can be declared for them."
The human rights defender noted that this incident is an interference against a civilian aircraft and is considered a gross violation of the Chicago Convention:
"Azerbaijan has already appealed to the International Civil Aviation Organization, and general information has been submitted. Russia, as a state violating its security obligations, may face legal procedures. The President of Azerbaijan has repeatedly stated that if Russia does not take appropriate measures, international organizations will be appealed to. This process is not political but technical-legal in nature and is considered one of the significant measures.
Azerbaijan could also have taken Russia to the European Court of Human Rights, but currently, Russia has withdrawn from the jurisdiction of that court. No effective investigation has been conducted regarding the violation of the right to life."
According to him, it is possible to declare an international search, but this is quite difficult:
"Interpol usually refrains from issuing red notices in political and military matters, and Russia will most likely try to block such a request. Nevertheless, there are exceptional circumstances for the investigation. This is because more than 30 civilians died as a result of the incident, and this can be assessed as a violation of international aviation security. In this case, not a red notice, but a mixed information notice may be possible, and these individuals cannot benefit from diplomatic immunity.
The strongest legal and political tool is to use combined mechanisms. Azerbaijan is already using this model. A criminal case has been initiated by the Prosecutor General's Office regarding the downing of the aircraft, international pressure mechanisms can be activated through the International Civil Aviation Organization, and parallel documentation can be carried out with the UN and partner countries.
This approach forms a model of both individual and state responsibility. By suspending the investigation, Russia does not evade responsibility; on the contrary, it may enter a zone of international legal isolation. The suspension of the criminal investigation does not eliminate Russia's responsibility, and the country may face international pressure.
Similar precedents exist in Russia's experience against civilian aircraft of other countries. In this context, the main issue is to bring the guilty parties to justice and ensure legal accountability. If the state refuses to do so, this behavior should be widely exposed on the international stage."
It should be recalled that on December 25, an “Embraer 190” aircraft belonging to “Azerbaijan Airlines” crashed near the city of Aktau, Kazakhstan. As a result, 38 of the 67 people on board the aircraft died, and 29 survived.
