Category: Trials 2020

Trials in september 2020

COURTS IN SEPTEMBER 2020

5 September

A verdict against a radical Islamist has been issued

Bahram Qulaliyev

On 5 September Bahram Qulaliyev was sentenced to 19 years imprisonment by the Baku City Serious Crimes Court. According to the Azerbaijani State Security Service, the convicted individual, under the name “Abu Ibrahim Dagestani”, took part in the fighting within the radical terrorist groups in Afghanistan and was also a specialist in the development of explosives.

In 2019, he was detained in Pakistan and extradited to Azerbaijan.

 

8 September

The trial against Ilham Aliyev

Ilham Aliyev

The Baku City Sabayil District Court has heard the case of the Deputy Chairman of the Islamic Party of Azerbaijan, the well-known theologian Ilham Aliyev. His lawyer, Javad Javadov, made a statement to that effect. He said that the defense filed a petition to Rena Qafarova, the judge presiding over the trial,

“We have filed a petition to the court to substitute the selected measure of restraint in the form of detention to the house arrest or to bail. Today the case was considered in the Sabayil district court. Ilham Aliyev made a statement in which he once again emphasized that he did not agree with any of the accusations, and these accusations are unfounded. As a lawyer I also stressed out that today, there is no impediment to the investigation if my client is held under a house arrest or bail. However, unfortunately, the court did not satisfy our petition. An appeal will be filed regarding the matter”.

 

24 September

The radical Islamist who attacked a military unit has been convicted

Saleh Adilov

It was closed the trial against 36-year-old Saleh Adilov, accused of attacking a military unit and killing a soldier in Tartar. The trial was held in the Baku Court of Serious Crimes presided by the Judge Faiq Qaniyev.

According to the investigation results, in 2008, Saleh Adilov along with other members of a religious radical group carried out an armed raid on a military unit in the Tartar district. As a result of the attack, one soldier was killed, another was seriously wounded, and the perpetrators stole the weapons and numerous rounds of ammunition.

After that, according to the official information, Saleh Adilov, managed to avoid prosecution, and on May 14 2009, left the territory of Azerbaijan heading to Iran. Then, he moved to Pakistan in the province of North Waziristan where he joined a group led by Vugar Hajizada that operated under an umbrella of the “Taliban” terrorist organisation.

In 2010, after Hajizada was killed by the international anti-terrorist coalition, Saleh Adilov became the leader of the group. In 2014, he left Pakistan for Turkey, and crossed the Turkish-Syrian border to continue his activities as a member of the ISIS terrorist group. But he was arrested in Iran by the local law enforcement bodies on charges of illegal border crossing. In 2019, S. Adilov was released and illegally entered Turkey where he had been hiding. But the same year, he was arrested by the Turkish police authorities in the city of Van and transported to Azerbaijan.

All the above, the Court took as a basis of investigation, found no violations, and sentenced Saleh Adilov to life imprisonment.

 

Trials in jun 2020

COURTS IN JUNE 2020

10 June

The trial of the religious believers accused of terrorism has begun in Baku

Bahram Qulaliyev

The Azerbaijani State Security Service (SSS) reported that a preliminary investigation into a criminal case against 49-year-old Bahram Qulaliyev, accused of terrorism, had been completed. The criminal case was submitted for consideration to the Baku Court of Serious Crimes.

In the coming days, the Judge Sabuhi Huseynova will preside over a preparatory hearing of the case.

According to information obtained by the SSS as a result of operational and investigative activities, it was established that a well-known expert in explosive devices within the international terrorist organisations by the religious name “Abu Ibrahim Daghestani” is in fact a citizen of Azerbaijan, Bahram Qulaliyev. In 2003, he illegally penetrated into the territory of Afghanistan where he joined the militant groups.

As part of an international manhunt, the latter was soon detained in the Islamic Republic of Pakistan and extradited to Azerbaijan in October 2019.

In the course of the investigation, it was found that Bahram Qulaliyev had supplied the international terrorist organisations with explosives, conducted training sessions on preparing explosive devices as part of the illegal armed groups made up of foreigners, as well as involved the citizens of Azerbaijan in those armed conflicts.

As a result of ongoing enquiries, the other members of that terrorist gang who had participated in the terrorist training exercises and armed conflicts on the border regions of Afghanistan and Pakistan, of which he also later became a part, were detained.

Bahram Qulaliyev has been charged under the Articles 214.2.6 (Preparation of terrorism committed on the base of religious enmity, religious radicalism or religious fanaticism), 218.2 (Participation in criminal community (criminal organization) or in association of organizers, heads or other representatives of the organized groups) и 279.1 (Creation of armed formations or groups, which are not provided by the legislation of the Republic of Azerbaijan, and also participation in their creation and activity, supplying them by weapon, ammunition, explosives, military engineering or military equipment) of the Criminal Code of Azerbaijan Republic.

 

30 June

The detention of Ilham Aliyev, the Deputy Chairman of the Islamic Party, has been extended

Ilham Aliyev

The Baku City Sabayil District Court ruled to extend the detention period of the Azerbaijani Islamic Party (IPA) Deputy Chairman, Ilham Aliyev, until 28 October.

According to Osman Kazimov, the lawyer of Ilham Aliyev, the IPA Deputy Chairman Ilham Aliyev was detained by the State Security Service (SSS) officers on 29 February on charges of the state treason. Ilham Aliyev is currently being held in the SSS Pre-trial Detention Centre. He has no any health problems. He has categorically denied all the charges brought against him.

Trials in april 2020

COURTS IN APRIL 2020

2 April

Three persons involved in “Ganja case” released ahead of schedule

 

Three persons involved in the “Ganja case” – Aydin Rustamov, Isa Maharramzade and Huseyn Bayramov were released from prison on April 1 ahead of schedule. All three had three months to finish their prison terms.

At a court session in the prison, a decision was made to release them as part of measures for the early release of convicts before the end of the sentence.

Recall that Rustamov, Maharramzade and Bayramov were recognized by local human rights activists as political prisoners.

Trials in february 2020

COURTS IN FEBRUARY 2020

17 February

The trial in the case of Yunis Safarov is postponed indefinitely

Ganja case in the courtroom of the Baku City Sabunchi District Court

In the building of the Sabunchi district court of Baku, the process of the case of those accused of attempted assassination of the head of Ganja Elmar Valiyev continued. There are 12 people in the dock, including Yunis Safarov, who personally tried to shoot Valiyev on 3 July 2018.

The case is being examined by the Ganja Serious Crimes Court, chaired by Muhammad Bagirov. At the beginning of the meeting, the defenders requested a trial in Ganja, or in the Baku Serious Crimes Court, since the Sabunchi court’s courtroom is extremely small.

Lawyers also challenged the composition of the court, since Judge Natig Aliyev is a relative of the victim, the former head of Ganja, Elmar Valiyev. On the first issue, the court decided to forward the application to the Ganja Court of Appeal, without responding to the second application, the court announced the completion of the hearing.

 

29 February

The Court of Appeal for another group in the “Ganja case”

Baku City Court of Appeal

On 28 February, it was concluded another group’s trial in the so-called “Ganja case” at the Court of Appeal.

It was marked by a very aggressive attitude on the part of the court chairman. When the lawyer of the accused Oqtay Huseynzade, Khaliq Huseynov, was trying to approach his client, the Judge Alizamin Abdullayev yelled rudely at the lawyer shouting out “Sit down in your seat!”. But when the lawyer reminded the presiding Judge that his conduct was illegal, Alizamin Abdullayev kept yelling at Khaliq Huseynov. However, the lawyer was not deterred and continued to argue for his right to talk to his client and the unlawful Judge’s actions. Albeit in an irritated form, the Chairman of the court was obliged to acknowledge the lawyer’s right and allowed him to talk to his client.

At the trial, the lawyers pointed out that the defendants had been subjected to cruel torture in the course of the investigation. The investigators committed further gross violations of the law in the Baku Sabunchi district court. Thus, the photos taken in the detention cell requested by the lawyers had not been submitted to the court. Moreover, the forensic conclusions failed to depict the nature of the case.

Rauf Bayramov’s and his son Huseyn Bayramov’s lawyers and all other members of the group have indicated that their clients had not pleaded guilty and demanded their acquittal.

Addressing to the Judge, the lawyer, Khaliq Huseynov, said that although he had read the protocols, he had not been allowed either to take pictures or obtain them,

“The protocol is considered to be evidence in the court. You did not let me obtain that evidence. Secondly, I sent an enquiry to the State Border Guard Service in connection with the accusation against my client, Oqtay Huseynzade, regarding his sojourn in Iran. I received this response indicating that Oqtay Huseynzade had not been in Iran within the period indicated in the investigative files. The Court had also sent an enquiry to the Border Guard Service and received a completely different date, the opposite to the response the Border Guard Service had sent to my enquiry. How could it be?”

Then, the lawyer Kh.Huseynov accused the Prosecutor of being ignorant and stated that he had not been acquainted with the investigation materials of the case,

“You are not aware of the investigative documents and this case in general. You didn’t properly read the investigation materials, so you couldn’t understand it and mixed everything up”.

At the end of the day, the Court issued a ruling leaving the Ganja Serious Crimes Court decision in force.

Courts in January 2020

COURTS IN JANUARY 2020

7 January

The trial on the attempt on the head of Ganja

                               Yunis Safarov                                             Elmar Valiyev

A trial has begun in the Baku City Sabunchi District Court on the person accused of attempting to assassinate the former head of the executive branch of Ganja, Elmar Valiyev, Yunis Safarov and 11 others. The case is being examined by the Ganja Serious Crimes Court, chaired by Muhammad Bagirov.

According to the prosecution, Yunis Safarov, being a representative of foreign radical religious circles, committed a pre-planned attack on 3 July 2018 in the city of Ganja against the head of the city’s executive branch and a police officer.

He and other persons involved in the case are accused of terrorism with the aim of forcibly changing the constitutional system of Azerbaijan and creating a Sharia state, creating illegal armed groups, illegal possession of weapons, attempted murder of police officers with aggravating circumstances and statesmen with the aim of revenge, anti-state calls and other serious crimes.

Yunis Safarov indicated that after his arrest he was never allowed to meet with family members and contact them by telephone. Further, spoke Famil Shukurov, the lawyer of the accused Jeyhun Qurbanov.

“During the investigation, I applied for verification of correspondence from Jeyhun Qurbanov’s mobile phone. The prosecution claims that Jeyhun transmitted information to Safarov from this phone, but our request was not approved,” the lawyer said.

The lawyer also noted that his client has suffered from epilepsy since childhood and that he had convulsions during his stay in custody 7-8 times. He requested a medical examination.

Another lawyer, Fariz Namazly, protested that the defendants were handcuffed in the courtroom, pointing out that this was not necessary. The defendants themselves also demanded to remove the handcuffs from them.

The accused Hamlet Abdullayev stated that the first group is disabled from birth.

“It’s hard for us to breathe in the hall. At least take off the handcuffs from Jeyhun and me. Both of us have a sore heart,” Abdullayev said.

The accused Firudin Zeynalov asked the judge why the process was conducted not in Ganja, but in Baku.

State Prosecutor Parviz Mirgashimov opposed the removal of handcuffs, noting that the defendants had committed serious crimes and could cause bodily harm.

Lawyers also requested that the case be returned to the preliminary investigation due to gross violations of the law during the investigation, a change in the preventive measure and the release of the accused during the trial. The court adjourned until 8 January.

 

8 January

Yunis Safarov, accused of the assassination attempt against the Ganja Mayor, has turned down a state lawyer

Yunis Safarov

On 8 January, the Baku City Sabunchi District Court continued the preparatory hearing in the case of Yunis Safarov, who is charged with attempted assassination of the mayor of Ganja, Elmar Valiyev, and 11 others.

The case is being examined by the Ganja Serious Crimes Court, chaired by Muhammad Bagirov.

At the meeting, lawyers petitioned to return the case to the preliminary investigation, to conduct audio and video recording of the process, to change the preventive measure for prisoners, to appoint a second examination to check complaints of torture, etc.

Most of the applications were dismissed. Some will be examined during the substantive hearings. At the same time, the presiding judge granted the request for the handcuffs to be removed from the accused during the trial.

The defendants are protected by about 20 lawyers, most of them appointed by the state.

At a meeting on 7 January, Safarov refused a state lawyer and requested that lawyer Elchin Sadigov, who had previously been removed by the prosecutor’s office, be returned to him. However, the court did not approve Safarov’s request and decided to provide him with a state lawyer. To this, Safarov replied that he was refusing other lawyers except Sadigov.

The hearing is essentially scheduled for 16 January.

Family members of the accused are not happy with the progress of the process. Asif Allahverdiyev’s mother in protest against the violation of her son’s rights announced her intention to self-immolate.

And the lawyer Sadigov told reporters that he would file a complaint against the court’s decision on his non-admission to Safarov’s defense.

 

 

14 January

The first trial regarding the “Ganja case” began at the Supreme Court

Supreme Court of Azerbaijan

On 16 January, the trial in the case of the accused of attempted assassination of the head of Ganja Elmar Valiyev continued in the Sabunchi District Court in Baku City.  There are 12 accused, including Yunis Safarov, who directly tried to shoot Valiyev on 3 July 2018. The case is being examined by the judges of the Ganja Serious Crimes Court.

At the beginning of the trial, the mother of the accused, Mahira Azizova, protested against not providing her son with an interpreter.  In response, Judge Natiq Aliyev ordered her to leave the court hall. This caused dissatisfaction with the relatives of the accused. In response, the main person involved in the case, Yunis Safarov, urged the audience to leave the hall. After the protests, the mother of the accused Azizova was returned to the hall.

Azizova asked with dissatisfaction why the question of a translator became a “big problem”:

“I speak my native language, but I studied in the Russian sector. I don’t understand why this turns into a big problem.”

It was further announced that lawyer Bakhtiyar Hajiyev had joined in defending Safarov’s rights.

In turn, the accused Firudin Zeynalov refused the lawyer appointed by the state. He asked the court to allow media representatives to conduct video and audio recordings of the process. However, the application was rejected.

The accused Jafarov Zalov also refused the state-appointed lawyer Yegana Mammadova. Yunis Safarov further protested against the rejection of the application for video and audio recordings.

“In Azerbaijan over the past 30 years, no one has tried to kill an official. Our people are interested in this issue,” Safarov said.

However, the judge did not let him finish, and disconnected the microphone.

Further, the lawyer Elmar Agayev appointed by the state to Safarov refused to participate in the trial. Safarov further stated that for a year and a half he was not allowed to talk on the phone and see family members.

“If my rights are not guaranteed, then how can we talk about the justice of the court,” Safarov said.

The lawyer of the accused Zalov, Ilqar Rustamov, stated that his client and the other accused refuse the lawyers appointed by him by the state, but the court does not accept this. He protested the trial.

Further, lawyer Javad Javadov, on behalf of other defenders, challenged the composition of the court. The process will continue on 17 February.