INTERROGATION OF WITNESSES CONTINUES IN EYNULLA FATULLAYEV’S HEARING

May 5th, 2010
Today, 4 May, in the Garadag District Court, under the chairmanship of Judge Ismayil Khalilov, a hearing was held on the criminal case opened against Eynulla Fatullayev. Prison #12 Operation Attorney Eldar Ismayilov, Economy Department Chief Expert Shahmurad Soltanov and dining-room chief Ismayil Ismayilov were interrogated as witnesses.

E.Ismayilov, who composed the protocol to conduct a search on the suspect, confirmed that Fatullayev objected to the search and demanded for a lawyer. Ismayilov said that Fatullayev’s vest was not fully torn down and the substance found on Fatullayev was not measured. Ismayilov introduced a bulk of letters that were sent to Fatullayev on 28 December 2009, a day earlier before the search was held. To journalist’s Lawyer Isakhan Ashurov’s question, “did you feel any strange actions in Fatullayev on 28 December?” Ismayilov said, “No, I did not observe anything like that.”

Shahmurad Soltanov said that he was called to the search room by Bahruz Guliyev, who found drugs on Fatullayev. Shamsiyev, on whom drugs were also found gave a note stating that he did not have narcotics on him. Soltanov added the note to his testimony he gave to the investigation. When Ashurov asked that why the note was not written in the protocol regarding the search, Soltanov was not able to answer.

Dining-room chief Ismayil Ismayilov did not say anything new for the case and used sentences that were said earlier in witness accounts.     

The next hearing on this case will be held on 7 May at 11:00 a.m.

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.