‘Communication Case’: Defendant Bayram Valiyev Once Again Brought to Court on Stretcher

March 17th, 2017

Summary: 31st hearing

> Bayram Valiyev’s lawyer filed a motion to replace his client’s pre-trial detention with house arrest;
> Defendant Vidadi Zeynalov’s lawyer Baylar Mamishov lodged a motion to lift the arrest imposed upon the properties reportedly belonging to Vidadi Zeynalov;
> Defendants Namazali Mammadov’s and Anar Mustafayev’s lawyers requested a repeat forensic examination on the case;
> The jury replied that the motion to lift arrest from Zeynalov’s properties would be addressed at the time of issuance of the verdict. The motions concerning forensic examination were left unexamined. The motion seeking replacement of Valiyev’s pre-trial detention with house arrest was not granted;
> Bayram Valiyev’s lawyer raised an objection to the jury composition over the dismissal of his motion which meant the proceedings would continue with his client’s participation despite his health condition. The jury deemed the objection groundless and left it unexamined.

On 17 March, Baku Grave Crimes Court, chaired by Judge Afgan Hajiyev, continued the proceedings in the criminal case against the former Chief of Staff of the Ministry of Communications and High Technologies (MCHT) Vidadi Zeynalov, former Director General of Baku Telephone Communications Production Association (BTCPA) Beytulla Huseynov, Director of Communications Repair & Construction No.3 LLC and Repair & Supply Service LLC Emin Mammadov, chief accountant of these LLCs Anar Mustafayev, Director General of Aztelekom LLC Mahammad Mammadov, chief accountant of the LLC Oktay Rustamov, Director General of AzInTelekom LLC Jalil Jafarov, Director General of Azerpost LLC Gambar Baybalayev, Director of Optical Communications, Construction and Installation LLC Namazali Mammadov, chief accountant of the LLC Sahrab Humbatov, and Director of Baku Communications Repair & Construction LLC and Repair & Supply Service LLC Bayram Valiyev.

Defendant Bayram Valiyev was once again brought to court on a stretcher and was laid on the table.

Valiyev’s lawyer filed a motion to replace his client’s pre-trial detention with house arrest. “Bayram Valiyev should be provided specialised medical care. He has a nerve-related problem. They used to inject him with painkillers earlier, but now even painkillers do not help and he is in anguish. Please change the pre-trial detention measure chosen in respect of Valiyev and release him under house arrest,” the lawyer said.

Lawyer Baylar Mamishov lodged a motion to lift the arrest imposed upon the property reportedly belonging to Vidadi Zeynalov. “The charges against Zeynalov apply to the period between January 2009 and October 2015. Sixty-seven properties registered in Zeynalov’s name have been attached and two of them are owned by Zeynalov. One of those properties was purchased before the years that the charges pertain to. There are non-residential premises registered in his son’s name bought in 2000, which is also held by Rabitabank as security. The indictment bill refers to land plots in Lankaran and Sabunchu district which are owned by the state. The property of Zeynalov’s sisters has also been attached. An arrest has also been imposed on the house of a person in Shamakhi, who has nothing to do with this family. We request that arrests be lifted from these real estates, so we sell some of them and pay for the damages caused to the state. It will be to the benefit of the state,” Mamishov noted.

Next, defendants Namazali Mammadov’s and Anar Mustafayev’s lawyers requested a repeat forensic examination on the case. Mammadov’s lawyer claimed that the figures mentioned in the indictment bill had been inflated. “There has been a miscalculation. We get a difference of more than AZN 1,400,000 when comparing the figures. Therefore, a repeat examination should be conducted and the representatives of the Finance Ministry, who have given the opinion on the calculation, should be questioned in court,” the lawyer said.

The jury replied that the motion to lift arrest from Zeynalov’s properties would be addressed at the time of issuance of the verdict. The motions concerning forensic examination were left unexamined. The motion seeking replacement of Valiyev’s pre-trial detention with house arrest was not granted.

Bayram Valiyev’s lawyer raised an objection to the jury composition over the dismissal of his motion which meant the proceedings would continue with his client’s participation despite his health condition. Commenting on this issue, the defendants left it up to the court to address the objection at its own discretion. Valiyev was angered by the other defendants’ failure to defend the objection. “Why don’t you defend? You are dishonourable, that’s why. It is you who have embezzled the money. Therefore, you keep silent. I am sitting next to you despite being innocent. Scoundrels,” Valiyev said.

The jury deemed the objection groundless and left it unexamined.

The next hearing was set for 29 March, 10.30 am.

Background: The following former senior officials of the ICT Ministry and its affiliate agencies are on the dock in a high-profile corruption case: former Chief of Staff of the Ministry of Communications and High Technologies Vidadi Zeynalov, former Director General of Baku Telephone Communications Production Association (BTCPA) Beytulla Huseynov, Director of Communications Repair & Construction No.3 LLC and Repair & Supply Service LLC Emin Mammadov, chief accountant of these LLCs Anar Mustafayev, Director General of Aztelekom LLC Mahammad Mammadov, chief accountant of the LLC Oktay Rustamov, Director General of AzInTelekom LLC Jalil Jafarov, Director General of Azerpost LLC Gambar Baybalayev, Director of Optical Communications, Construction and Installation LLC Namazali Mammadov, chief accountant of the LLC Sahrab Humbatov, and Director of Baku Communications Repair & Construction LLC and Repair & Supply Service LLC Bayram Valiyev.

Of them, Vidadi Zeynalov, Beytulla Huseynov, Anar Mustafayev, Emin Mammadov, Mammad Mammadov, Oktay Rustamov, Namazali Mammadov, Sahrab Humbatov and Gambar Baybalayev are charged under Articles 179.3.1 (misappropriation or waste, committed as an organised group), 179.3.2 (misappropriation or waste, in a large amount), 308.2 (abuse of official powers) and 313 (service forgery) of the Criminal Code. Jalil Jafarov is charged under Articles 179.3.1 and 179.3.2. Bayram Valiyev is charged under Articles 179.3.1, 179.3.2, 308.2, 313 and 213.2.2 (tax evasion, in a large amount).