EYNULLA FATULLAYEV’S MOTION TO CONDUCT INDEPENDENT EXAMINATION NOT FULFILLED

February 11th, 2010
Gundelik Azerbaijan and Realniy Azerbaijan newspapers’ editor-in-chief Eynulla Fatullayev’s motion to conduct an independent examination to determine whether he is a narcotic user or not was not fulfilled, according to Turan Information Agency. His motion regarding the interrogation of experts who conducted the test was fulfilled and these experts were interrogated, according to the information.

Although drug and urinary test results taken from Eynulla Fatullayev on 29 December 2009 revealed traces of heroin in his blood and urine, it was noted that the editor-in-chief is not a drug addict and does not need treatment.

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 a quantity (amount) exceeding necessary for personal consumption) and he was transferred to the Baku Investigative Prison #2 on 2 January.   

Eynulla Fatullayev was sentenced to 2.5 years of imprisonment on 21 April 2007 for insulting honor and dignity.  Later he was convicted under articles 214.1 (threatening terror), 283.2.2 (incitement of ethnic/national, social or religious hatred abusing authority), and 213.2.2 (tax evasion) of the Criminal Code and was sentenced to 8.5 years of imprisonment on 30 October 2007. Prior to the new charge against him, Fatullayev was serving his sentence in prison #12.  

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.