“GUNDALIK BAKI” NEWSPAPER’S MOTION NOT FULFILLED

March 5th, 2009
Today, 17 February, in the Yasamal District Court, under the chairmanship of Judge Elchin Gurbanov, a preliminary hearing was held "Haji Mazan" LTD's Director Zakir Guliyev to defend his honor and dignity against "Gundalik Baki" Newspaper's Founder and Editor-in-Chief Habil Valiyev.

The plaintiff's lawyer Tofig Aslanov, defense lawyers Zaur Ibadov and Jeyhun Jafarov and "Gundalik Baki" Newspaper's Founder and Editor-in-Chief Habil Valiyev participated in the hearing.
The plaintiff's lawyer Tofig Aslanov introduced the lawsuit to the judge, stating that a new demand regarding defending business reputation has been added to the lawsuit. The defense’s representative objected to this, saying that the “adding to the lawsuit” or “extra lawsuit” is not envisaged in the legislation. Judge Gurbanov said that the plaintiff has right to make amendments to the lawsuit during the trial.
The defense said that there were two cases in connection with the same articles in the Yasamal District Court and filed a motion to join these cases. The judge did not fulfill the motion saying that motions on merging cases are considered during preliminary hearings only.
"Gundalik Baki" Newspaper's Founder and Editor-in-Chief Habil Valiyev noted that the name of "Haji Mazan" LTD's Director Zakir Guliyev is not mentioned in the articles.
 
Then the plaintiff's lawyer Tofig Aslanov said that honor and dignity of "Haji Mazan" LTD's Director Zakir Guliyev was damaged by the articles. 
Defense lawyer Z. Ibadov said that there’s no insult element in the articles and put forth a motion to send the articles for a linguistic examination. However, the motion was not submitted in written form and therefore the judge scheduled the next hearing for 30 March at 3:00 p.m.

This lawsuit stems from articles "Narcotics Itinerary in the South" published in the newspaper on 14 January 2009 and "Narcotics Itinerary in the South – 2" published in the newspaper on 22 January, 2009. The plaintiff is seeking the publication of a refutation, an apology from the newspaper, and 1 million AZN for the company in compensation for moral damages from Editor-in-Chief Habil Valiyev.