Summary: Hearing 4 (April 06)
Defendant Javid Huseynov’s mother Khalida Hajiyeva testified as a witness and said that her son was not guilty of murdering the late journalist Rasim Aliyev;
Late journalist Rasim Aliyev’s mother Teyfura Aliyeva also testified in the court stating that Javid Huseynov and the others had tricked Rasim Aliyev into leaving the house; according to her Javid Huseynov was aware of everything;
Adalat Mammadov, the police major of the Police Unit #8 of the Sabail District Police Department, reported that Javid Huseynov was detained at the Shamakhi traffic police post and was subsequently handed over to the relevant authorities in the police office;
Another witness Nihad Abbasli testified that following the advice of Javid Huseynov Elshan Ismayilov turned himself in to the police authorities.
Elman Rahimov, the judge presiding the Sabail district court, held a hearing on the criminal case of the football player Javid Huseynov, who is prosecuted in connection with journalist Rasim Aliyev’s death and is charged under the articles 307.1 (failure to inform about a serious crime, despite of being aware of its preparation or committal) and 307.2 (concealment of a serious crime without a prior consent) of the Criminal Code. Five men, including Javid Huseynov’s relative, are currently under the trial investigation in connection with this murder. According to the indictment, Kanan Madatov, Jamal Mammadov and Samir Mustafayev were charged with the Article 126.3 (deliberate causing of serious harm to health entailing on imprudence death of a victim), while Elshan Ismayilov, who is the football player Javid Huseynov’s cousin, and Arif Aliyev were charged with Articles 126.3 (deliberate causing of serious harm to health entailing on imprudence death of a victim) and 177.1 (theft) of the Criminal Code. On April 01, 2016, Baku Grave Crimes Court convicted five men finding them guilty of committing the crime of murder. The court sentenced Elshan Ismayilov to 13 years, Arif Aliyev to 12.5 years, Jamal Mammadov to 11 years, Kanan Madatov to 9 years, and Samir Mustafayev to 9 years in jail.
Interrogation of prosecution witnesses:
The hearing started with questioning of the prosecution witnesses. Javid Huseynov’s mother Khalida Hajiyeva was the first to testify. The judge reminded Khalida Hajiyeva of the legislation and said that she had the right not to testify against her son. But Khalida Hajiyeva agreed to testify stating the following: “On August 8, 2015 we were in our country house. Javid and his uncle sacrificed a lamb and then we had lunch. Then Javid went to exercise, and we were planning to go to the sea after his training was over. The next day Javid and his family left for another region as he had a match there, but he was stopped by the police on the way. My son is a martyr’s son and he has not beaten anyone. His cousin Elshan has beaten and he has done it without Javid”.
The next prosecution witness to testify was Adalat Mammadov, the police major of the Police Unit #8 of the Sabail District Police Department,. “We were instructed by the chief of our police unit to bring Javid Huseynov, who was stopped at the Shamakhi traffic police post. We brought him and his car and handed him over to the police unit” said the witness.
Another witness Nihad Abbasli started his testimony by introducing himself and announcing that he was Javid Huseynov’s cousin. “On August 9 Javid and I exchanged text messages. Elshan Ismayilov was with me on that day and Javid told us that Elshan should go and surrender to police. Elshan went to the police office together with me and surrendered,” Nihad Abbasli said.
Late journalist Rasim Aliyev’s mother Teyfura Aliyev also testified as a witness. “Rasim was at home on August 8, 2015. He received a phone call. He sounded nervous, but he did not use any rude words. A little later, he received another phone call. This time, he spoke calmly. After he ended the conversation, I asked who he was speaking to. He said it was the football player Javid Huseynov. Rasim said that news websites had posted a video of Javid Huseynov’s hand gesture made in the game and he had written a post on Facebook that he did not want such an immoral person to represent him in Europe, and said that those phone calls were because of that status update. My son advised Javid to make a press statement on that matter. Rasim also told Javid that the person, who called him before Javid, (Elshan Ismayilov) was swearing at him. Javid said he would speak to that person and the latter would apologize to Rasim. 2-3 minutes after the conversation with Javid, Elshan phoned again and said he was Javid’s cousin and he was aware of Rasim’s conversation with Javid, and invited Rasim for tea. Rasim said there was no need for a meeting. After a while, there was another call and this time Rasim said he could meet in Bayil. Rasim prepared and left home, and a little later I went after him, and when I arrived near the Bayil Market, Rasim’s schoolmate said 5-6 men had beaten Rasim and escaped with his phone and wallet. We later learned that Rasim was in the hospital. If it had nothing to do with Javid, why he came to the hospital and even talked to Rasim’s doctor and said he would cover all expenses? Javid and his relative Elshan tricked Rasim into leaving home under the pretext of having a tea. Javid was aware of everything,” Teyfura Aliyeva said.
The judge set the next hearing for April 13, 12.30pm.