A defence lawyer in the trial of independent Azerbaijani journalists and activists linked to Toplum TV has said it would be “highly naive” to expect a fair verdict from the court.
Fuad Agayev, representing prominent opposition figure Akif Gurbanov, made the remarks as defence speeches began at the Baku Grave Crimes Court on 29 June.
The prosecution is seeking prison sentences of between 13 and 16 years for those detained in the case.
A total of 10 defendants face charges including smuggling and illegal entrepreneurship, which they reject as politically motivated.
Addressing the court, Agayev claimed that the judicial process had repeatedly violated the principle of legal equality in favour of the prosecution, while defence objections were routinely ignored.
He alleged that key evidence had been fabricated, pointing specifically to a police search of an office on Bakikhanov Street in Baku. Officers claimed to have found €31,000 (£26,000) wrapped in plastic inside a cabinet drawer.
“This ‘search’ took place with no reference to a court warrant or police directive,” Agayev said. “Crucially, there is no official record of the money or any other documents actually being seized.”
The defence lawyer argued that the charges of smuggling and illegal entrepreneurship were legally groundless. He cited a European Court of Human Rights (ECHR) ruling in the case of Rasul Jafarov v. Azerbaijan, which established that unregistered NGO activities and receiving grants do not constitute a criminal offence under Azerbaijani law.
“The organisations involved, including Toplum TV, had no profit-seeking motive,” Agayev added. “Their activities cannot be classified as entrepreneurship.”
Toplum TV is one of Azerbaijan’s few remaining independent media platforms, known for its critical reporting on domestic politics, corruption, and social issues.
Eight of the 10 defendants, including Gurbanov and Toplum TV co-founder Alesger Mammadli, remain in pre-trial detention. Two others are under police supervision.
Families and lawyers have repeatedly raised concerns over the health of those detained and the conditions inside the Baku Detention House.
Ramil Babayev, an employee of the Institute for Democratic Initiatives (IDI) who turned 29 in detention on Saturday, recently completed a 17-day hunger strike. He was protesting against poor sanitation, the alleged torture of inmates, and restrictions on medical treatment for fellow detainees.
Another detained IDI employee, Ilkin Amrahov, recently smuggled an open letter to Justice Minister Farid Ahmadov, complaining that inmates were being denied basic healthcare.
“We are missing an eye specialist,” Amrahov wrote, noting that elderly inmates were being forced to wear broken spectacles because they could not get their eyes tested. “Please do your duty and fulfil your obligations.”
The trial comes amid heightened international scrutiny of Azerbaijan’s human rights record ahead of diplomatic visits from European officials.
In an appeal sent from their prison cells, Gurbanov and fellow opposition figure Ruslan Izzatli urged European Commission President Ursula von der Leyen to raise human rights concerns during her upcoming visit to Baku.
“Our request is for the European Union to demonstrate its foreign policy priorities regarding human rights and the rule of law,” the letter said.
“Do not cooperate solely with the government. A partnership not based on shared values cannot be permanent or sustainable.”
The trial has been adjourned until 6 July, when further defence speeches are expected.