APPEAL AGAINST DECISION REGARDING FAILURE TO OPEN RADIO FREQUENCY NOT FULFILLED

December 29th, 2009
Today, 29 December, in the Baku Appellate Court, under the chairmanship of Judge Sariyya Seyidova, a hearing was conducted on the appeal against the decision adopted on the lawsuit of “Legal Education of Sumgayit Youth” (LESY) Public Union Head Elchin Mammad against Azerbaijan’s National TV and Radio Council (NTRC).

Plaintiff Elchin Mammad and his representative Asabali Mustafayev participated in the hearing.
Asabali Mustafayev said that according to Law On Television and Radio Broadcasting, the National TV and Radio Council should publish the list of free frequencies every year and should conduct a tender on these frequencies. Mustafayev noted that he assesses the refusal to open radio frequency as restriction of freedom of thought. He asked the court to adopt a decision to make the NTRC to conduct a tender to open a new radio frequency in Sumgait.
The judge upheld the decision of the Baku Economic Court #1 and issued a decision not to fulfill LESY`s lawsuit.

On 10 February 2008, 5 December 2008, 12 January 2009 the “Legal Education of Sumgayit Youth” (LESY) Public Union appealed to the NTRC to open a radio frequency in Sumgait city and every time they received a negative response. NTRC has not conducted any tender to open frequencies during this period.

“Legal Education of Sumgayit Youth” (LESY) Public Union appealed to the Baku Economic Court #1 regarding opening of radio frequency in Sumgait. On 29 July the court issued a decision not to fulfill the lawsuit.