Cross-Examination of Victims Continue at Nardaran Residents’ Trial

September 14th, 2016

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On September 14, Baku Grave Crimes Court chaired by Judge Alovsat Abbasov continued the hearing on the criminal case of Muslim Union Movement’s Chairman Taleh Bagirzade, Jabrayilov Rasim Mirzababa oglu, Mustafayev Zakir Tapdig oglu, Jabbarov Jabbar Amirkhan oglu, Babakishizade Jahad Babahuseyn oglu, Abdulaliyev Shamil Adil oglu, Ismayilov Agil Azer oglu, Yariyev Ramin Maharram oglu, Guliyev Abbas Abdulrahman oglu, Khudaverdiyev Ibrahim Mammad oglu, Ismayilov Etibar Rasim oglu, Asgarov Bahruz Rahib oglu, Nuriyev Ali Hasrat oglu, Valiyev Alibala Javad oglu, Balayev Farhad Nasraddin oglu and Tagizade Abbas Hafiz oglu, who are charged under Articles 120.2.1 (homicide, committed by a group of people, a group of people on preliminary arrangement, an organised group or a criminal community/organisation), 120.2.3 (homicide, of the victim or his close relatives in connection to performance of service or public duty by the victim), 120.2.4 (homicide, committed with special cruelty or in publicly dangerous way), 120.2.7 (homicide, of two or more persons), 120.2.12 (homicide, with the motive of national, racial, religious hatred or enmity), 29 (attempted crime), 214.2.1 (terrorism, committed by a group of people on preliminary arrangement, an organised group or a criminal community/organisation), 28 (preparing to commit a crime), 214.2.3 (terrorism, committed with use of fire-arms or objects used as a weapon), 214-2 (open calls for terrorism), 220.2 (incitement to active insubordination to lawful demands of a representative of authority and to mass disorders, as well as to violence against citizens), 228.3 (illegal acquisition, transfer, selling, storage, transportation or carrying of fire-arms, their accessories, supplies and explosives, committed by an organised group), 228.4 (illegal acquisition, selling or carrying of a gas weapon, cold steel, as well as a throwing weapon, except for places where carrying of a cold steel is an accessory of a national suit or is connected to hunting), 278 (violent seizure or retention of power), 279 (creation of armed formations or groups not provided for by the legislation), 281.2 (public appeals directed against the state, committed repeatedly or by a group of people), 283.2.3 (instigation of national, racial, social or religious hatred and hostility, committed by an organised group), and 315.2 (resistance to or use of violence against a representative of authority) of the Criminal Code, Huseynov Abbas Mammadbagir oglu, who is also charged under Article 233 (organisation of actions violating public order or active participation in such actions) of the Criminal Code in addition to the above charges, and APFP Deputy Chairman Fuad Gahramanli, who is charged under Articles 220.2 (making calls for active insubordination to lawful requirements of representatives of authority and for mass disorders, as well as violence against citizens), 281.2 (public appeals directed against the state, committed repeatedly or by a group of people) and 283.2.1 (instigation of national, racial, social or religious hatred and hostility, by using or threatening to use violence) of the Criminal Code. An armed incident occurred between a group of believers and policemen in Nardaran settlement of Baku on November 26, 2015, during an operation conducted by the police. According to official reports, the shootout resulted in the death of six, including two police officers. Taleh Bagirzade, the leader of the Muslim Union Movement, and several believers were detained as part of the operation. A criminal case has been launched on the fact and is investigated by the Prosecutor General’s Office of Azerbaijan Republic. Fuad Gahramanli was arrested on December 8, 2015. His lawyer Yalchin Imanov said that Fuad Gahramanli was arrested due to his Facebook posts and his case was merged with the criminal case of the people arrested over the Nardaran incidents.

Chief operations officer of Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs, Police Lieutenant Kanan Heybatov who is a victim and witness in the case, testified at the court hearing. “On 26 November 2015, the Main Department received information that Muslim Union Movement chairman Taleh Bagirzade, in complicity with others, was creating an armed gang and obtaining and possessing fire-arms and ammunition for this purpose in order to seize the power and to change the state’s constitutional system by force. A meeting was held. After that, at 12.15 pm, the employees included in the operation team set out for Nardaran. We took operational positions and waited for 15 minutes. After ascertaining which house Taleh Bagirzade and his supporters were in, we entered the yard. The opposite side began firing. We fired a warning shot and demanded them to stop shooting. But they defied the warning. I approached one of them, whose name I later learned was Bahruz Askarov, and neutralised him using a martial arts move. I seized a knife he had in his hand, brass knuckles, a grenade from his right pocket, and a booklet containing Taleh Bagirzade’s appeal from his left pocket. Bahruz Askarov had a left shin injury. Then, we inspected the incident scene and encased and seized the weapons,” Kanan Heybatov said.

Kanan Heybatov then answered the lawyers’ questions, saying that he had shot eight bullets in total, fired at Bahruz Asgarov as well, but did not know whether the bullet hit him or not.

Heybatov added that none of the defendants had been tortured.

After that, chief operations officer of MOCD Nadir Novruzov, who was a victim and witness in the case, took the stand. His testimony was similar to those of the other witnesses. He said that during the special operation he had neutralised Abbas Guliyev, on whom he had found a knife and a grenade.
During the cross-examination by the lawyers, the witness said he had not tortured the defendants or witnessed such an incident.
Lawyer Yalchin Imanov asked the witness why the testimonies of all witnesses were the same. The witness responded that the testimonies had been written by the investigator.
The next hearing is scheduled for September 21, 10.00am.