COURT PARTIALLY FULFILLS JOURNALIST’S CASSATION COMPLAINT

January 25th, 2008
Today in the Supreme Court under the chairmanship of the Judge Asad Mirzaliyev a cassation complaint filed by “Korrupsiya va Jamiyyet” (Corruption and Society) magazine and magazine Editor-in-Chief Mammad Ahmadoglu was considered.

First, Ahmedoglu’s defense lawyer Rashid Hajili made a speech. In his speech, Hajili said, “It is contrary to the legislation to forbid the publication of the journalist’s article. That is why we ask you to overturn the decision adopted by the lower courts.” After this, the plaintiff’s representatives Namig Alakbarov told the court that according to Article 158 (actions over fulfilling of the lawsuit) the court does reserve the right to forbid defendants from committing concrete actions. “I think the adopted decision must be upheld,” said Alakbarov. After hearing these arguments, the judge left for consultations.  
After the consultation the judge returned and announced his decision. According to Judge Mirzaliyev’s decision, the case has been sent back to the Appellate Court for reconsideration.  
Recall that, Great Britain citizen Adeola Agbabika and Namig Alekberov filed a lawsuit against “Korrupsiya va Jamiyyet” magazine and the magazine’s founder and chief editor Mammed Ahmedoglu. The lawsuit stems from the articles “The Judge’s oath and appetite” and “How Nigerian swindler’s lawsuit against the Justice Ministry was fulfilled according to 1,350,000 USD” which were run in 2007, in the ninth edition of the magazine. On 10 October 2007, during a hearing held on this case in the Yasamal District Court, Judge Khagani Tagiyev adopted a decision that until this case is resolved in court “Korrupsiya va Jamiyyet” magazine and magazine Editor-in-Chief Mammad Ahmadoglu are forbidden from disseminating any material about this case or plaintiffs. Though they filed Appellate complaint against the decision, the Appellate Court upheld the ruling.