Court Dismisses Motions Filed by Arrested NIDA Member’s Lawyers

December 14th, 2016

baku-grave-crimes-court

Summary: Hearing 2

  • • The presiding judge verified the personal information of the accused;
    • Elgiz Gahraman’s lawyer Fariz Namazli lodged petitions to remove his client from the glass cage and let him sit beside his lawyers, to replace his pre-trial detention with house arrest, to remove the search and seizure report drawn up during his arrest from the list of evidence, and to provide for audio and video recording of hearings;
    • Elgiz Gahraman defended the petitions, and said his arrest was prejudiced and politically motivated;
    • After a 5-minute deliberation, the jury threw out the petitions.

On 14 December, Baku Grave Crimes Court chaired by Judge Azad Majidov held a preliminary hearing on the criminal case of NIDA Civic Movement member Elgiz Gahraman.

The presiding judge verified the personal information of the accused.

Elgiz Gahraman’s lawyer Fariz Namazli filed several petitions. First, he asked the court to substitute the measure of pre-trial detention imposed on his client with house arrest. In justification, the lawyer said Elgiz Gahraman’s intention was to be cleared of the charges and the person seeking acquittal would never hide from the prosecuting authority. Namazli’s second petition requested that Elgiz Gahraman be seated next to his lawyers. The lawyer said putting a defendant in a glass cage was an inhuman treatment. Thirdly, the lawyer petitioned the court to remove the search and seizure report drawn up during Elgiz Gahraman’s arrest from the list of evidence. Finally, the lawyer requested that hearings be recorded with audio and video devices.

Elgiz Gahraman’s other lawyer Nemat Karimli said his client was framed and arrested following his Facebook post on the Constitutional amendments. “Ali Ahmadov (the executive secretary of the ruling party YAP) had stated that Shah Ismail had also become a sovereign at the age of 14. In this connection, Elgiz wrote ‘I wish him as long a life as Shah Ismail had’. After this post, drugs appeared in his pocket,” the lawyer said.

Elgiz Gahraman said his arrest was prejudiced and politically motivated.

The public prosecutor asked the court to reject the petitions.

After a 5-minute deliberation, the jury threw out the petitions.

The trial date was set for 21 December, 2 pm.

Background: Elgiz Gahraman was detained on August 12. The same day he was charged under Article 234.4.3 (illegal drug trafficking, in a large quantity) of the Criminal Code and the court ordered him to be detained. NIDA Civic Movement has issued a statement calling Elgiz Gahraman’s arrest politically motivated.