HEARING ON LAWSUIT OF EYNULLA FATULLAYEV AGAINST BAKU CITY PROSECUTOR OFFICE TO BE HELD

September 16th, 2010
The date of preliminary hearing on the lawsuit of Eynulla Fatullayev against the Baku City Prosecutor Office was determined. The hearing will be held in the Sabail District Court on 23 September, Media forum reports.

Eynulla Fatullayev objects to the Baku City Prosecutor Office’s accusation that he is a drug user. Eynulla Fatullayev demanded to recognize violation of the Clause 2 of Article 6 of the European Convention on Human Rights and Criminal-Procedural  Code, and demanded that the Baku City Prosecutor Office apologize for the dissemination of information claiming the existence of evidence proving his guilt without any court decision in force, and the public opinion created as a result. He also requested that the judge make a pass decision about taking 1 AZN from Baku City Prosecutor Office and to pay it to Garadag District Court Judge Ismayil Khalilov for the legal consequences caused by violation of right to innocence presumption.
 
BACKGROUND
On the 20th of April, 2007, Fatullayev was arrested in the court hall based on 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 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 organizations to be concerned for their safety. 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 a pre-trial detention. Fatullayev was then convicted under 213.2.2 (tax evasion). Fatullayev was sentenced to 8.5 years in prison on the 30th of October, 2007 and was fined 242,522 AZN under the decision of the Grave Crimes Court.
On the 29th of December, 2009, 0.223 grams of heroin was found on Fatullayev in Prison #12.
A criminal case was opened against Fatullayev in the Garadag District Investigative Department. On the 6th of July 2010, Fatullayev was found guilty under article 234.1 (Illegal purchase or storage without a purpose of selling of narcotics or psychotropic substances in an amount exceeding the necessary limit for personal consumption) of the Criminal Code and his sentence of to two years and six months in prison began on this date. Fatullayev and his lawyer believe that this incident was a set-up in order for the court to avoid complying with the decision of the European Court of Human Rights (ECHR) regarding the journalist's release.   
On the 22nd of April, 2010, the ECHR issued a decision that Fatullayev should be released immediately, and that the Azerbaijani government should pay 27,822 EUR to Fatullayev in compensation. The Azerbaijani government filed an appeal with the Grand Chamber of the ECHR regarding this decision. Fatullayev is recognized as a prisoner of conscience by local and international organizations.   
Fatullayev established and was the Editor-in-chief of both Realniy Azerbaijan and Gundelik Azerbaijan newspapers. First published in 2005, Realniy Azerbaijan ran as a weekly newspaper, whereas Gundelik Azerbaijan was published as a daily newspaper. The newspapers ceased their activity after Fatullayev's arrest in 2007.