EXPERTS INTERROGATED IN EYNULLA FATULLAYEV’S HEARING

May 26th, 2010
Today, 26 May, in the Garadag District Court, under the chairmanship of Judge Ismayil Khalilov, a hearing was held on the criminal case opened against the Editor-in-chief of Gundelik Azerbaijan and Realniy Azerbaijan Newspapers, Eynulla Fatullayev.

E.Fatullayev’s lawyer, Isakhan Ashurov, filed a motion to conduct examination outside of Azerbaijan.   
Fatullayev said that the examination was falsified; the part of his vest was torn when they conducted a search on him, but then it was sown back in the Garadagh District Court before it was submitted for the examination. He noted that although the substance found on him was wrapped up, it was noted in the examination results that traces of the drug substance were found in the vest. Fatullayev emphasized that one of the experts, Faig Isgandarov, gave a similar opinion regarding Azadlig newspaper satiric/journalist Sakit Zahidov.  
State Plaintiff Elchin Guliyev filed a motion to interrogate Garadagh District Police Department Investigator Arif Zahidov to investigate the claim that the vest was sown after the search.  

The hearing continued with the interroagation of experts – Galib Hasanov, Matanat Akhundova, Tatyana Skobliyeva and Faig Hasanov.  

The next hearing on this case will take place on 2 June at 11:00 a.m. This time expert Ofeliya Zarbaliyeva and investigator Arif Zahidov will be interrogated.

 The European Court of Human Rights issued a decision regarding the case of imprisoned Editor-in-chief of Gundelik Azerbaijan and Realniy Azerbaijan Newspapers Eynulla Fatullayev. The decision states that the journalist should be released immediately and the Azerbaijani government should pay 27,822 EUR to Fatullayev in compensation.

Eynulla Fatullayev was arrested in the court hall on 20 April 2007 under the decision adopted by the Yasamal District Court on the lawsuit of Refugee/IDP Rights Defense Committee Chairperson Tatyana Chaladze.

After his arrest, a criminal case was opened against Eynulla Fatullayev in the National Security Ministry Chief Investigative Office regarding an article published in Realniy Azerbaijan newspaper, which according to the Ministry of Foreign Affairs, caused foreign citizens and representatives of international organs safety concerns. He was convicted under articles 214.1 (threatening terror), 283.2.2 (incitement of ethnic/national, social or religious hatred abusing authority) of the Criminal Code and was sentenced to pre-trial detention. Eynulla Fatullayev was then convicted under 213.2.2 (tax evasion).

Eynulla Fatullayev was sentenced to 8.5 years of imprisonment on 30 October 2007 under the decision adopted by the Grave Crimes Court and was fined in the amount of 242 thousand 522 AZN.

On 29 December, 0.223 grams heroin was found on Fatullayev. Eynulla Fatullayev and his lawyer assess this incident as an operation set-up to prevent the decision of the European Court of Human Rights (ECHR) regarding the journalist in the near future. A criminal case was opened against Fatullayev in the Garadag District Investigative Department under article 234.1 of the Criminal Code (Illegal purchase or storage without a purpose of selling of narcotics or psychotropic substances in an amount exceeding necessary limit for personal consumption) and he was transferred to the Baku Investigative Prison #2 on 2 January. The investigation into the case was concluded and it is being considered in the Garadag District Court.

Realniy Azerbaijan has been published as weekly newspaper, and Gundelik Azerbaijan was published as a daily newspaper since 2005. Eynulla Fatullayev established the newspapers and was the editor-in-chief of both publications. The newspapers ceased their activity after the arrest of the editor-in-chief in 2007.