AVAZ ZEYNALLI’S APPEAL NOT FULFILLED

September 30th, 2009
Today, 30 September, in the  Appellate Court, under the chairmanship of Judge Jamal Ramazanov, a hearing was conducted on the appeal against the decision of the Narimanov District Court adopted on the lawsuit against “Khural” Newspaper Editor-in-chief Avaz  Zeynalli’s translation and publication of Adolf Hitler`s book “Mein Kampf”.

Avaz Zeynalli, his lawyer Habib Aliyev and State Prosecutor Bashir Jafarov participated in hearing. Avaz Zeynalli said that there is no legal basis to open a criminal case against him because of translating this book into Azerbaijan language. Zeynalli said that he should be fully justified regarding the criminal case and his confiscated books should be given back.
State Prosecutor Bashir Jafarov said that there are enough bases to investigate the criminal case and he requested not to fulfill appeal.
The judge issued a decision not to fulfill the appeal.
In December 2004 the National Security Ministry instituted a criminal case under the article 283.1 (incitement of ethnic/national, social or religious hatred) of the CC of Azerbaijan Republic when Adolf Hitler's book "Mein Kampf" was published in Azeri, however the case was thrown out in February 2005 due to failure to prove that a crime was committed. Then in May 2007 due to the reprinting of this book Rustam Usubov, first deputy to the Prosecutor General, reopened this case and the case was sent to the National Security Ministry's Investigation Department. In August of the same year the investigation was concluded and case materials were sent to Narimanov District Court for consideration. On 29 July 2009 the Narimanov District Court issued a decision to consider A.Zeynalli guilty without appointing any punishment for him and to throw out the case. A.Zeynalli filed an appeal to receive full justification.