The trial against 11 individuals in the so-called “Terter case”

The trial against 11 individuals in the so-called “Terter case”

One of the most top-secret and bloody crimes of the Aliyev regime

Turan Ibrahimli
Mushfiq Ahmadli
Nasif Aliyev
Faiq Ahmadov Atabey Rahimov

Analysis of violation of law during the next “Terter case”  judicial proceedings

 

Terter City Military Court

Case №1 (098)-91/2018

14 June 2018

Presiding judge: Ilqar Quliyev

Judges: Ahmad Sariyev, Vidadi Nasirov

The State Prosecutors: Mr. Ismayil Aliyev, the Senior Prosecutor of the Defence of Public Prosecutions Department at the Azerbaijan Republic Military Prosecutor’s Office; Ismail Aliyev, Justice Advisor; Lieutenant-Colonel Javid Jumshudov, the Prosecutor of the Public Defence Prosecutions Department at the Azerbaijan Republic Public Prosecution Office; Nijat Huseynli, a first-rank lawyer of the Azerbaijan Republic Public Prosecution Office

Defendants: Sultan Zeydullayev, Rauf Orujev, Atabey Rahimov, Emin Adilzade, Faiq Ahmadov, Nasif Aliyev, Majid Qasimov, Mushfiq Ahmadli, Alizamin Quliyev, Turan Ibrahimli, Mirpasha Mehdiyev

Defenders: Tofiq Allahverdiyev, Telman Suleymanov, Fuad Iskandarov, Humbat Salahov, Ramiz Abdullayev, Jafar Hajiyev, Zabil Qahramanov, Seymur Zeynalov, Shamsaddin Quliyev, Yusif Seyidov, Islam Teymurov, Fuzuli Nabiyev

Victims: Agasif Safarov, Tehran Alizamanli, Bahaddin Nuruzade, Vasif Mammadaliyev, Aqil Shafiyev, Elmaddin Jafarov, Qurban Ahmadov, Ulvin Talybov, Kamran Humbatov, Shaban Quziyev, Nazir Qudratov, Izzat Suleymanov, Zaur Mammadov, Fariz Farzaliyev, Orkhan Afqanli, Joshqun Abbasov, Nadjmaddin Karimov, Farzali Jakhangirov, Namiq Farkhadov, Elmir Bagirov, Dursun Alili, Elnur Hajiyev, Ramin Isayev, Tahir Mahmudov, Nemat Maharramov, Elshan Quliyev, Aga Shahpelengov, Ibrahim Ibadly, Talat Khankishizade, Nurlan Jabrayilzade, Bakhlul Mammadagazade, Ilkin Julmaliyev, Vusal Ibrahimov, Safarali Nabiyev, Kerim Yaserli, Shariyar Agayev

Representatives of victims: Adalat Hajiyev, Teymur Mammadov, Jamil Hasanov

Legal successor of the victim: Rahib Abbasov

Sultan Zeydullayev, born in 1989, a native of Baku City, an Azerbaijani Armed Forces lieutenant, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 329.3. (Resistance to a chief, as well as to other person, implementing duties of military service assigned to him, or his compulsion to infringement of these duties, connected with violence or with threat of its application, committed in wartime or fighting conditions),
• 330.3. (Causing easy harm to health of the chief or causing to him injuries in connection with execution of duties by him on military service, committed in wartime or fighting conditions),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 332.3. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed entailed to heavy consequences),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat),
• 349.2.1. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed repeatedly),
• 349.2.2. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed by group of persons),
• 349.2.3. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, entailed to heavy consequences),
• 349.2.4. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed in wartime or in fighting conditions), of the Criminal Code of the Azerbaijan Republic.

Rauf Orujev, born in 1984, a native of Sumqayit City, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 274. (State betray),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat) of the Criminal Code of the Azerbaijan Republic.

Atabey Rahimov, born in 1994, a native of Lerik District, an Azerbaijani Armed Forces lieutenant, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 329.3. (Resistance to a chief, as well as to other person, implementing duties of military service assigned to him, or his compulsion to infringement of these duties, connected with violence or with threat of its application, committed in wartime or fighting conditions),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat) of the Criminal Code of the Azerbaijan Republic.

Emin Adilzade, born in 1993, a native of Beylaqan District, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 274. (State betray),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat) of the Criminal Code of the Azerbaijan Republic.

Mirpasha Mehdiyev, born in 1995, a native of Agdjabedi District, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 151. (Coercion into actions of sexual nature),
• 228.1. (Illegal purchase, transfer, selling, storage, transportation or carrying of fire-arms, accessories to it, supplies (except for the smooth-bore hunting weapon and ammunition to it), explosives),
• 274. (State betray),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat) of the Criminal Code of the Azerbaijan Republic.

Faiq Ahmadov, born in 1990, a native of Neftchala District, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 120.2.1. (Deliberate murder, committed by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community (organization);
• 120.2.4. (Deliberate murder, committed with special cruelty or in publicly dangers way);
• 120.2.12. (Deliberate murder, committed on motive of national, racial, religious hatred or enmity);
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 329.3. (Resistance to a chief, as well as to other person, implementing duties of military service assigned to him, or his compulsion to infringement of these duties, connected with violence or with threat of its application, committed in wartime or fighting conditions),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat),
• 349.2.1. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed repeatedly),
• 349.2.2. ((Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed by group of persons),
• 349.2.3. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, entailed to heavy consequences),
• 349.2.4. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed in wartime or in fighting conditions) of the Criminal Code of the Azerbaijan Republic.

Nasif Aliyev, born in 1993, a native of Baku City, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 329.3. (Resistance to a chief, as well as to other person, implementing duties of military service assigned to him, or his compulsion to infringement of these duties, connected with violence or with threat of its application, committed in wartime or fighting conditions),
• 349.2.1. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed repeatedly),
• 349.2.2. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed by group of persons),
• 349.2.3. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, entailed to heavy consequences),
• 349.2.4. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed in wartime or in fighting conditions) of the Criminal Code of the Azerbaijan Republic.

Majid Qasimov, born in 1987, a native of Qazakh District, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 329.3. (Resistance to a chief, as well as to other person, implementing duties of military service assigned to him, or his compulsion to infringement of these duties, connected with violence or with threat of its application, committed in wartime or fighting conditions),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 332.2.1. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed repeatedly),
• 332.2.2. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed two or more persons),
• 332.2.3. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed by group of persons, on preliminary arrangement by group of persons or by organized group),
• 332.2.4. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed with application of a weapon),
• 332.3. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed entailed to heavy consequences),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat),
• 349.2.1. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed repeatedly),
• 349.2.2. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed by group of persons),
• 349.2.3. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, entailed to heavy consequences),
• 349.2.4. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed in wartime or in fighting conditions) of the Criminal Code of the Azerbaijan Republic.

Mushfiq Ahmadli, born in 1990, a native of Barda City, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 329.3. (Resistance to a chief, as well as to other person, implementing duties of military service assigned to him, or his compulsion to infringement of these duties, connected with violence or with threat of its application, committed in wartime or fighting conditions),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat),
• 349.2.1. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed repeatedly),
• 349.2.2. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed by group of persons),
• 349.2.3. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, entailed to heavy consequences),
• 349.2.4. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed in wartime or in fighting conditions) of the Criminal Code of the Azerbaijan Republic.

Alizamin Quliyev, born in 1990, a native of Terter District, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 274. (State betray) of the Criminal Code of the Azerbaijan Republic.

Turan Ibrahimli, born in 1998, a native of Ismayilli District, an Azerbaijani Armed Forces soldier, was charged with committing crimes under the Articles:
• 134. (Threat to murder or causing of serious harm to health),
• 150.2.1. (Buggery or other actions of sexual nature, committed by a group of persons, by a group with a premeditated conspiracy or by an organized group),
• 150.2.4. (Buggery actions of sexual nature, carried out with a particular cruelty against the victim (male, female) or against other individuals),
• 150.2.5. (Buggery actions of sexual nature, committed repeatedly),
• 151. (Coercion into actions of sexual nature),
• 274. (State betray),
• 331.2. (The insult by chief of subordinate, as well as by subordinate of chief during performance or in connection with performance of duties on military service),
• 331.3. (Causing injuries or tortures by chief of subordinate during performance or in connection with performance of duties on military services),
• 332.2.1. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed repeatedly),
• 332.2.2. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed two or more persons),
• 332.2.3. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed by group of persons, on preliminary arrangement by group of persons or by organized group),
• 332.2.4. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed with application of a weapon),
• 332.3. (Infringement of authorized rules on mutual relation between military men at absence of subordination relations, committed entailed to heavy consequences),
• 338.1. (Infringement of rules on implementing fighting watch (fighting service) on duly detection and reflection of sudden attack on the Azerbaijan Republic or maintenance of its safety if this act could harm interests of safety of the state),
• 338.2. (The same act which harmed interests of state safety or has entailed to other heavy consequences),
• 341.3 (Complicity in abuse of authority or official position committed in wartime or during combat),
• 349.2.1. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed repeatedly),
• 349.2.2. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed by group of persons),
• 349.2.3. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, entailed to heavy consequences),
• 349.2.4. (Deliberate destruction or damage of a weapon, supplies, military engineering or other military property, at absence of attributes of other crime, committed in wartime or in fighting conditions) of the Criminal Code of the Azerbaijan Republic.

Sultan Zeydullayev

On May 2017, Sultan Zeydullayev was detained. On 3 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.
According to the investigation, on 26 April 2013, Sultan Zeydullayev, while serving as a company commander of a military unit on the territory of the Agdam District, being in the rank of lieutenant, established a secret connection with some members of the illegal armed groups and Special Services of the Republic of Armenia. He attracted other military men under his authority to this cooperation and also turned over the commanding officers to the Armenian military in order to commit sexual violent acts against them. In addition, he enabled the enemy to enter and leave the combat positions freely. S. Zeydullayev also set up conditions for the gathering and transferring of secret information for the benefit of the Armenian military by undertaking upon himself obligations of the criminal group active member.

In 2013-2017, within the framework of secret cooperation with the Armenian Armed Forces and special services, S. Zeydullayev conveyed to them secret information constituting military secrets. On 25 August 2016, S. Zeydullayev attacked and beat the soldier Qurban Ahmadov, who was under his command.

In September 2016, Zeydullayev lured a Lt. Atabey Rahimov to the Armenian territory where there were the Armenian soldiers in masks and black clothes. He turned the lieutenant over to those three Armenians, who, in their turn, committed violent acts of sexual nature (sodomy) against A. Rahimov in order to make him dependent on them and force him to cooperate with them. On 9 September 2016, S. Zeydullayev beat severely the soldiers Elchin Namazov and Elvin Talybov. In October-November 2016, he also beat the soldier Agasif Safarov.

On 4 August 2017, Sultan Zeydullayev was examined by a forensic medical expert, who did not find any injuries on his body. The examination also established that no typical lesions had been found on the military man’s anus. However, the expert pointed out that recurrent intercourse through the anus might not leave any distinctive lesions. Thus, whether or not there was intercourse is to be determined by the investigation.

On 3 November 2017, another forensic medical examination concerning S. Zeydullayev was carried out; as a result, it determined that there were no injuries, anomalies, or diseases on his genitals that would have prevented sexual intercourse.

On 23 May 2018, in connection with his torture, there was appointed a new forensic medical examination. That time the examination revealed the absence of the 6th and 7th teeth on the left lower jaw, as well as the defect of the upper portion of the 1st tooth on the upper jaw. Due to the lack of medical records, it was impossible to determine a cause of the damage, since a certain amount of time had already elapsed. The examination also failed to establish that the above injuries occurred as of May 2017. To establish the nature, origin, cause of occurrence, and timing of the stains found on the chest as on its upper and lower areas was not possible by the expert examination. The forensic examination experts stated that it was impractical to take blood samples for the presence of any chemical substance after the lapse of time (since May 2017).

On 6 October 2017, the conducted forensic psychiatric and forensic psychological examinations revealed that S. Zeydullayev hadn’t had signs of any mental illness.

Sultan Zeydullayev did not plead guilty to the charges during the court hearing. He testified that he had been a Company Commander since 26 April 2013, and was appointed a Senior Company Commander in the rank of Lieutenant since 26 April 2016. On 4 May 2017, he was interrogated by the military command authorities regarding his secret connection with the Armenian special services. He said that he had not collaborated with the Armenian special services, but he had not been believed and the command authorities ordered ten unknown intelligence officers covered with masks on their heads to interrogate him. Those men tortured him demanding him to confirm his secrete cooperation and reveal the names of those who had cooperated along with him. Sultan Zeydullayev, unable to withstand the torture, deliberately named random officers and confessed that he had given out secret information to the Armenian side, but in reality he had never cooperated with Armenians and never witnessed the cooperation of any of the military personnel of the Azerbaijani Armed Forces.

Rauf Orujev

On May 2017, Rauf Orujev was detained. On 8 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, R. Orujev, having been engaged in criminal collusion with the military of the Armenian Armed Forces and Special Services, executed their instructions, engaging other military personnel of the Azerbaijani Armed Forces to cooperate. Orujev has repeatedly committed sexual assaults against soldiers and involved them in collaboration with the enemy on the territory of Agdam district starting from 25 April 2013.

In the period when S. Zeydullayev was the company commander, on 18 April 2017, R. Orujev announced over the mobile phone that he had noticed the distribution of notices related to violation of the confidential character of the company. S. Zeydullayev was instructed to disarm R. Orujev. S. Zeydullayev made R. Orujev dependent by involving him in criminal activity. As part of his collaboration with the enemy, R. Orujev also transferred to the Armenian military the classified information constituting military secrets. Rauf Orujev was promised to pay a certain amount of money for his cooperation.

During the confrontation between R. Orujev and S. Zeydullayev on 20 May and 16 August 2017, as well as at the trial, R. Orujev confirmed that S. Zeydullayev deceived and lured him to the other territory where he sexually assaulted him in April 2017, and then turned him in to the Armenian military.

In the course of the forensic medical examination performed on 7 June 2017, there were no detected any visible injuries on R. Orujev’s body, according to the written conclusion. But the expertise found lesions in R. Orujev’s anus, typical for sexual intercourse between men. The time of the injuries could not be determined. Findings of the forensic medical examination from 23 June 2017, once again confirmed the presence of characteristic lesions in R. Orujev’s anal orifice.

On 6 October 2017, the conducted forensic psychiatric and forensic psychological examinations revealed that R. Orujev hadn’t had signs of any mental illness.

In the course of the trial, Rauf Orujev pleaded guilty to the charges and testified that his earlier testimony concerning the torture was false. His testimony about torture and violent actions was influenced by the statements of S. Zeydullayev, A. Rahimov, E. Adilzade, F. Ahmadov, N. Aliyev and M. Ahmadli. No one used torture and other violent actions against him throughout the investigation.

Atabey Rahimov

On May 2017, Atabey Orujev was detained. On 15 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, A. Rahimov caused great damage to the health of the victims, using violence against them, exploited their state of helplessness, committed violent acts of a sexual nature (sodomy), forced the victims to commit sodomy and other acts of a sexual nature. A. Rahimov, being a citizen of the Azerbaijan Republic, deliberately went over to the side of the Armenian Armed Forces, provided the Armenian military with the information constituting a military secret, thereby causing damage to the sovereignty, territorial integrity, state security and defence capacity of Azerbaijan.

On 26 August 2017, during a confrontation between the accused Mirpasha Mehdiyev and Atabey Rahimov, M. Mehdiyev confirmed that A. Rahimov had turned him in to the Armenian military.

On 20 May 2017, during a confrontation between the accused Sultan Zeydullayev and Atabey Rahimov, both defendants accused each other.

On 12 May 2017, following a forensic examination, it was determined that A. Rahimov’s anus had been injured in a manner typical for lesions inflicted by the male genital organ’s insertion. The same was confirmed by the forensic examination on 23 June 2017.

On 23 May 2018, the forensic medical examination found a single pigmented stain on the upper left side of the elbow, the nature, origin, time, and cause of occurrence were not established. Therefore, the expert could not provide his professional opinion on the matter.

On 23 September 2017, the conducted forensic psychiatric examinations revealed that A. Rahimov hadn’t had signs of any mental illness.
On 11 October 2017, the conducted forensic psychological examinations revealed that A. Rahimov hadn’t had signs of any mental illness.

An additional forensic medical examination, dated 20 October 2017, did not detect any disease of the immunodeficiency virus, and established that A. Rahimov’s genitals had no abnormalities or anomalies.

During the investigation, Atabey Rahimov did not plead guilty to the charges and testified that he had been appointed to the position of the Brigade Commander since 2 July 2016. Due to the fact that he was subjected to the physical assault, torture, he made a confession in the course of the investigation, but what he confessed was not true.

Emin Adilzade

On May 2017, Emin Adilzade was detained. On 3 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, E. Adilzade, being a citizen of the Azerbaijan Republic, deliberately defected to the side of the Armenian Armed Forces at the expense of the sovereignty, territorial integrity, state security and defence of Azerbaijan. He conveyed the information constituting a military secret to the Armenian military, committed treason against the state by his hostile activities, as well as insulted, beat and tortured his subordinates, thereby exceeding the boundaries of his authority.

On 5 June and 26 October 2017, E. Adilzade confirmed his testimony during the preliminary investigation.

On 20 May 2017, both defendants, Faiq Ahmadov and Emin Adilzade, made incriminating statements about each other during a face-to-face confrontation.

The forensic medical examination in respect of E. Adilzade determined that there had not been any injuries on his body. It was conducted on 3 May 2017. As a result of the examination of E. Adilzade’s anus, there were detected signs typical for the male genital organ insertion.

The forensic medical examination in respect of E. Adilzade determined on 23 May 2018, that he had had pigment spots on his body, but their origin, nature, cause and time of occurrence had not been determined.

On 6 October 2017, the conducted forensic psychiatric and forensic psychological examinations revealed that E. Adilzade hadn’t had signs of any mental illness.

At the trial, Emin Adilzade partially pleaded guilty to the commission of offenses under the Articles 331.2, 331.3, 338.1, 338.2 and 341.3 of the Azerbaijan Republic Criminal Code, and testified that, while in the Terter district, he had given false testimony subjected to torture.

He also testified that he had no knowledge of the reasons why F. Ahmadov had testified against him. At the trial, Emin Adilzade said that he had not turned F. Ahmadov over to the Armenian soldiers, and they, in turn, had not committed any violent sexual acts against him.

Faiq Ahmadov

On May 2017, Faiq Ahmadov was detained. On 3 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, F. Ahmadov was involved in a criminal conspiracy with the Armenian personnel to eliminate the Azerbaijani soldiers; he passed them the information classified as a military secret. F. Ahmadov also caused harm to the health of victims taking advantage of their helpless condition. As a citizen of the Azerbaijan Republic, he deliberately defied the sovereignty, territorial integrity, state security and defence security of Azerbaijan by crossing over to the Armenian Armed Forces.

The forensic medical examination in respect of F. Ahmadov determined that there have not been any injuries on his body. It was conducted on 3 May 2017. However, there were found injuries on F. Ahmadov’s anus, which are characteristic of the male reproductive organ penetration.

On 23 May 2018, a forensic medical examination found some pigment spots and scars on his right thigh, but their origin, cause, and time of occurrence could not be determined over time.

On 6 October 2017, the conducted forensic psychiatric and forensic psychological examinations revealed that F. Ahmadov hadn’t had signs of any mental illness.

In the course of the trial, Faiq Ahmadov did not plead guilty to the charges and indicated that he had been appointed a Brigade Commander at the rank of Lieutenant in the Agdam District since 23 April 2013. On 1 May 2017, the High Command questioned F. Ahmadov with regard to his cooperation with the Armenian Special Services, but he had replied by saying that no such thing had taken place. At that time, he was not believed. Then, some unidentified intelligence officers covered with black masks tortured him forcing to admit their cooperation and revealed their names of the soldiers. Not being able to stand the torture, he was forced to deliver the evidence they required. However, Faiq Ahmadov testified that he had never cooperated with the Armenian Special Services and had not witnessed the cooperation of other Azerbaijani military personnel.

Nasif Aliyev

On May 2017, Nasif Aliyev was detained. On 8 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, in order to destroy the Azerbaijani military, Nasif Aliyev colluded with the Armenian military and passed them information constituting a military secret. Being a citizen of the Azerbaijan Republic, he intentionally sided with the Armenian armed forces to the prejudice of sovereignty, territorial integrity, state security and defence capacity of Azerbaijan. N. Aliyev also caused harm to the health of the victims, taking advantage of their helpless state by committing sodomy and other violent acts of a sexual nature against them, as well as by insulting, beating and torturing his subordinates.

On 3 May 2017, a forensic medical examination in respect of N. Aliyev found no injuries on his body. In mean time, the examination revealed the injuries on N. Aliyev’s anus typical for the penetration of a male genital organ. On 23 May 2018, a forensic medical examination also proved that fact and also found the presence of pigment spots on his chest, however, their origin, cause and time of occurrence had not been established.

On 21 September 2017, the conducted forensic psychiatric examinations revealed that N. Aliyev hadn’t had signs of any mental illness.

On 13 October 2017, the conducted forensic psychological examinations revealed that N. Aliyev hadn’t had signs of any mental illness.

At the trial, Nasif Aliyev did not plead guilty to the charges and said that he had become acquainted with Faiq Ahmadov, Majid Qasimov, Elkhan Agazade, Mehman Huseynov, Mushfiq Ahmadli, Turan Ibrahimli and others through his service. He testified that he had not witnessed any of the servicemen cooperating with the Armenian Special Services.

Majid Qasimov

On May 2017, Majid Qasimov was detained. On 8 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, Majid Qasimov colluded with the Armenian military in order to eliminate the Azerbaijani soldiers and passed them information constituting a military secret. He, as a citizen of the Azerbaijan Republic, deliberately took the side of the Armenian armed forces to the prejudice of the sovereignty, territorial integrity, state security and defence capacity of Azerbaijan. M. Qasimov also caused harm to the victims’ health taking advantage of their helpless state, committing sodomy and other violent acts of a sexual nature against them.

A forensic medical examination in respect of M. Qasimov, on 3 May 2017, found that there were injuries on his anal orifice typical for a male genital organ penetration. On 23 May 2017, the forensic examination panel confirmed that fact.

In the course of the court hearing, Majid Qasimov did not plead guilty to the charges. However, later at the trial. he admitted his guilt, repented of what he had done and confirmed the testimony provided at the preliminary investigation.

Mushfiq Ahmadli

On May 2017, Atabey Orujev was detained. On 18 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, Mushfiq Ahmadli, in order to eliminate the Azerbaijani soldiers, colluded with the Armenian military, handed over to them the information constituting a military secret. Being a citizen of the Azerbaijani Republic, he deliberately passed to the side of the Armenian Armed Forces to the prejudice of the sovereignty, territorial integrity, state security and defence capacity of Azerbaijan. M. Qasimov also caused injuries to the victims taking advantage of their helpless state he committed sodomy and other violent acts of a sexual nature against them.

On 3 May 2017, a forensic medical examination in respect of M. Ahmadli found some injuries on his anus indicating the penetration of the male genitals, although the timing of the injuries had not been established. According to M. Ahmadli, the Armenian soldiers inflicted those injuries on him in April 2017. On 23 May 2017, a forensic medical examination confirmed that fact.

At the hearing, Mushfiq Ahmadli did not plead guilty to the charges, however later at the trial, he fully admitted his guilt, repented of what he had done and confirmed the testimony he had provided at the preliminary investigation.

Alizamin Quliyev

On May 2017, Atabey Orujev was detained. On 8 May 2017 by a court order against him it was chosen a preventive measure in the form of custody.

According to the investigation, Alizamin Guliyev, in order to eliminate the Azerbaijani soldiers, was in a criminal arrangement with the Armenian soldiers, passed them the information constituting a military secret. He, as a citizen of the Azerbaijan Republic, deliberately took the side of the Armenian Armed Forces to the prejudice of the sovereignty, territorial integrity, state security and national defence capacity of Azerbaijan.

On 3 May 3, 2017, a forensic medical examination found no injuries on Quliev’s body. The experts though detected some injuries on his anus that were typical for the penetration of male genitals, however, the time occurrence of those injuries had not been determined.

On 18 August 2017, and 23 May 2018, both the commission forensic examination and the additional forensic examination did not find any injuries on A. Quliyev’s body, or on his anal orifice.

On 20 September 2017, the conducted forensic psychiatric examinations revealed that A. Quliyev hadn’t had signs of any mental illness.

On 20 October 2017, the conducted forensic psychological examinations revealed that A. Quliyev hadn’t had signs of any mental illness.

Despite the fact that at the beginning of the court hearing Alizamin Quliyev did not plead guilty to the charge under the Article 274 of the Azerbaijan Republic Criminal Code, later in the course of the trial he pleaded guilty, repented of what he had done and confirmed the evidence he had provided at the preliminary investigation.

Turan Ibrahimli

On May 2017, Turan Ibrahimli was detained. On 7 May 2017 by a court order against him it was chosen a preventive measure in the form of custody to 4 months.

According to the investigation, in order to destroy the Azerbaijani military positions, Turan Ibrahimli colluded with the Armenian servicemen and transferred to them the information constituting a military secret. Being a citizen of the Azerbaijan Republic, he deliberately took the side of the Armenian Armed Forces to the prejudice of the sovereignty, territorial integrity, state security and defence capacity of Azerbaijan. T. Ibrahimli also caused harm to the victims’ health by taking advantage of their helpless stat he committed sodomy and other violent acts of a sexual nature against them, and also insulted, beat and tortured his subordinates.

On 3 May 2017, a forensic medical examination found no injuries on T. Ibrahimli’s body. Though the forensic examination determined that there had been injuries on his anus typical for male genital penetration but the time of the inflicted injuries had not been determined.

The forensic examination, conducted on 23 May 2018, did not find any bodily injury either; but they found some pigmentation spot on his leg, the origin, time and cause of which was unknown. In the course of this examination, it was also established that the occurred injuries on the anus hadn’t been caused with a glass bottle, but by the

On 10 October 2017, the conducted forensic psychiatric and forensic psychological examinations revealed that T.Ibrahimli hadn’t had signs of any mental illness.

In the course of the trial, Turan Ibrahimli did not plead guilty to the charges, but later he did, repented of what he had done and confirmed the testimony he had given at the preliminary investigation.

Mirpasha Mehdiyev

On May 2017, Turan Ibrahimli was detained. On 16 May 2017 by a court order against him it was chosen a preventive measure in the form of custody to 4 months.
According to the investigation, Mirpasha Mehdiyev colluded with the Armenian servicemen in order to eliminate the Azerbaijani military and passed them the information constituting a military secret. Being a citizen of the Azerbaijan Republic, he deliberately took the side of the Armenian Armed Forces to the prejudice of the sovereignty, territorial integrity, state security and defence capacity of Azerbaijan. M. Mehdiyev also caused harm to the health of the victims taking advantage of their helpless state, he committed sodomy and other violent acts of a sexual nature against them, also he insulted, beat and tortured his subordinates.

On 12 May 2017, a forensic medical examination concluded that there had been no injuries on M. Mehdiyev’s body. The forensic examination though, found that there had been injuries on his anus typical for penetration of the male genitals. On 23 May 2018, a forensic medical examination conducted by the commission found no bodily injuries either.

On 2 October 2017, the conducted forensic psychiatric examinations revealed that M. Mehdiyev hadn’t had signs of any mental illness.

On 16 October 2017, a forensic psychological examination established certain psychological signs characteristic for M. Mehdiyev: adaptability, plasticity, sociability, disrespect for himself.

At the trial, M. Mehdiyev did not plead guilty to the charges, but later he fully admitted his guilt, repented of what he had done and confirmed the testimony he had provided at the preliminary investigation.

The court, having considered the criminal case in private, issued a verdict:

• Sultan Zeydullayev was found guilty of the charges and sentenced to a 20-year imprisonment. According to the verdict, S. Zeydullayev must spend the first 5 years in the Gobustan closed prison, and the rest of his imprisonment in a high-security institution;
• Rauf Orujev was found guilty of the charges and sentenced to a 7-year prison term. According to the verdict, he must serve his sentence in a high-security institution.
• Atabey Rahimov was found guilty of the charges and sentenced to a 20-year imprisonment. According to the verdict, A. Rahimov must spend the first 5 years in the Gobustan closed prison, and the rest of his imprisonment in a high-security institution;
• Emin Adilzade was found guilty of the charges and sentenced to a 16-year prison term. According to the verdict, he must serve his sentence in a high-security institution.
• Faiq Ahmadov was found guilty of the charges and sentenced to a 20-year imprisonment. According to the verdict, A. Rahimov must spend the first 5 years in the Gobustan closed prison, and the rest of his imprisonment in a high-security institution;
• Nasif Aliyev was found guilty of the charges and sentenced to a 20-year imprisonment. According to the verdict, A. Rahimov must spend the first 5 years in the Gobustan closed prison, and the rest of his imprisonment in a high-security institution;
• Majid Qasimov was found guilty of the charges and sentenced to a 10-year prison term. According to the verdict, he must serve his sentence in a high-security institution.
• Mushfiq Ahmadli was found guilty of the charges and sentenced to a 16-year prison term. According to the verdict, he must serve his sentence in a high-security institution.
• Alizamin Quliyev was found guilty of the charges and sentenced to a 7-year prison term. According to the verdict, he must serve his sentence in a high-security institution.
• Turan Ibrahimli was found guilty of the charges and sentenced to a 9-year prison term. According to the verdict, he must serve his sentence in a high-security institution.
• Mirpasha Mehdiyev was found guilty of the charges and sentenced to a 8-year prison term. According to the verdict, he must serve his sentence in a high-security institution.

Commentary by expert lawyer:

A court decision is illegal and unjustified. There are tasks of criminal proceedings listed in the Article 9 of the Code of Criminal Procedure of the Azerbaijan Republic:
• to establish rules as a basis for criminal prosecution;
• to ensure a defence against restrictions on human and civil rights and liberties;
• to determine the legality and grounds of every criminal prosecution.

The bodies conducting criminal proceedings are obliged to ensure the observance of constitutionally enshrined human and civil rights and freedoms for all persons participating in criminal proceedings (Article 12.1 of the Code of Criminal Procedure of the Azerbaijan Republic).
The Article 13.1 of the Code of Criminal Procedure of the Azerbaijan Republic binds the state bodies to observe the principle of respect for a person’s honour and dignity. It shall be prohibited to take decisions or allow acts during the criminal prosecution which debase the honour and dignity of the person or may threaten the life and health of the participants in the proceedings.
According to the Article 13.2. of the Code of Criminal Procedure of the Azerbaijan Republic, during a criminal prosecution nobody shall:

• be subjected to treatment or punishment that debases human dignity;
• be held in conditions that debase human dignity;
• be forced to participate in carrying out procedures that debase human dignity.

The defendants repeatedly claimed the use of torture and inhuman treatment by the investigating body. The court was skeptical about the defendants’ testimony without exception in all cases and considered the testimonies provided at trial to be of a defensive nature. The court paid no attention to these testimonies and referred only to the results of the examination conducted a year later after the preliminary investigation. By that time the signs of beatings had already disappeared. The defendants were forced through torture to testify against themselves.
According to the Article 66 of the Constitution of Azerbaijan Republic, nobody may be forced to testify against him/herself, wife (husband), children, parents, brother, sister. Complete list of relations against whom testifying is not obligatory is specified by law.

The prohibition of torture and inhuman treatment is regulated by the International Norms. According to the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, no one shall be subjected to torture or to inhuman or degrading treatment or punishment.

The Article 7 of the International Covenant on Civil and Political Rights states:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

According to the Article 5 of the Universal Declaration of Human Rights, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
As it can be seen from the dispositions of the above articles, there are no exceptions in any of them. According to the precedents of the European Court of Human Rights (ECHR), it is prohibited to use torture, ill-treatment and cruelty even in the fight against terrorism, the Mafia, and in times of war.
“The Article 3 (…) is to protect one of the basic values of a democratic society. Even in the most difficult circumstances, such as the fight against terrorism and organized crime, the Convention categorically prohibits torture or inhuman or degrading treatment or punishment. Unlike most Articles of the Convention and Protocols Nos. 1 and 4, the Article 3 does not provide any exception and under the Article 15 para. 2 there can be no derogation from the Article 3 even in a case of emergency threatening the existence of the nation” (judgment of the European Court of Human Rights in Aksoy v. Turkey of 18 December 1996 – https://www.dipublico.org/1563/case-of-aksoy-v-turkey-application-no-2198793-european-court-of-human-rights/).

The United Nations Standard Minimum Rules for the Treatment of Prisoners (known as the Mandela Rules, named after South African President Nelson Mandela) were adopted by the United Nations General Assembly on 17 December 2015. Under Rule 1, all prisoners are to be treated with respect because of their inherent dignity and value as human beings. No prisoner shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment, all prisoners shall be protected from it, and no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.

The decision of the European Court of Human Rights in the case of Selcuk and Asker v. Turkey on 24 April 1998, states: “The Court recalls that for ill-treatment to constitute a violation of Article 3, it must attain a minimum level of severity. The assessment of this minimum level is inherently relative; it depends on all the circumstances of the case, in particular its duration, its impact on the physical or mental condition and, in some cases, the sex, age and state of health of the victim affected by such treatment.” –
file:///C:/Users/User/Downloads/001-58162.pdf
The UN Human Rights Committee decision in the case of Prashantoj Kumar Pandeyem v. Nepal on 30 October 2018 stated: “The Committee reiterates that persons deprived of their liberty may not be subjected to any hardship or suffering other than that which results from the deprivation of liberty and that they must be treated with humanity and respect for their dignity.” – file:///C:/Users/User/Downloads/G1835144.pdf

The commented sentence does not provide any statutory basis. Furthermore, the length of the sentenced terms of the defendants in the verdict is not justified. The evidentiary basis is insufficient for a conviction. All the witnesses and victims were members of the Azerbaijani Armed Forces.

The experts who provided forensic expertise are employees of the Forensic Center. The Center is subordinate to the Ministry of Justice of the Azerbaijan Republic. It is well known that the judicial system in Azerbaijan is not separated from the Executive and depends on it.

Moreover, according to the law, the forensic results are not sufficient evidence for the court. They must be supported by other incontrovertible evidences and considered in conjunction as a whole. The verdict lacked motivation. All doubts that arose in the course of the trial were not treated in favor of the defendants by the court. The court played the role of the prosecutor.

The commented verdict was rendered without complying with the legal Norms of National and International Laws, and therefore is unlawful and unreasonable.