Summary: Hearing 2
Shamsaddin Guliyev, the lawyer of defendants Elshan Ismayilov, Jamal Mammadov and Samir Mustafayev, filed a motion requesting the submission of the results of the X-ray examination of Rasim Aliyev conducted at City Clinical Hospital #1;
The judge postponed the hearing to discuss the motion.
Baku Court of Appeal, chaired by Judge Gadim Babayev, held a preliminary hearing on the criminal case launched into the death of the former IRFS chairman, journalist Rasim Aliyev. On August 08, 2015, Rasim Aliyev was brutally assaulted by a group of 5-6 men, who took his phone and wallet. Rasim Aliyev drove to the emergency care in his car, from where he was taken to the city clinic #1. Rasim Aliyev was admitted to hospital at about 16.45 on August 8. Following an examination, doctors said that he had four broken ribs. He received intravenous pain medication and was placed in a ward. The medical staff failed to change his clothes in the ward. On August 09, 2015 (at about 1am), Rasim’s family was informed that he had to undergo an operation. When his family arrived at the hospital twenty minutes later, the doctor told them that the operation was over and that Rasim was in intensive care. Shortly afterwards, they were told that Rasim had passed away. His body was sent to the Republican Hospital for expert examination. Under the indictment, Kanan Madatov, Jamal Mammadov and Samir Mustafayev are charged under Article 126.3 (deliberate causing of serious harm to health entailing on imprudence death of a victim), while Elshan Ismayilov, who is the footballer Javid Huseynov’s cousin, and Arif Aliyev are charged under 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, the Baku Grave Crimes 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. Dissatisfied with Baku Grave Crimes Court’s judgment dated April 01, 2016, the defendants and victim’s representative Fariz Namazli filed an appeal.
The hearing was attended by defendants Elshan Ismayilov, Arif Aliyev, Jamal Mammadov, Samir Mustafayev and Kanan Madatov, defense counsels, victim’s legal heiress (journalist Rasim Aliyev’s mother) Teyfura Aliyeva and victim’s legal heiress’ representative Fariz Namazli. Defendants Elshan Ismayilov, Arif Aliyev, Jamal Mammadov and Samir Mustafayev’s attorney is Shamsaddin Guliyev, and Kanan Madatov’s is Rasul Yusifbayli.
Motion filed at the hearing:
At today’s hearing, Shamsaddin Guliyev, the lawyer of defendants Elshan Ismayilov, Jamal Mammadov and Samir Mustafayev, filed a motion requesting the submission of the results of the X-ray examination of late journalist Rasim Aliyev conducted at City Clinical Hospital #1. The lawyer noted that Rasim Aliyev’s medical history was changed several times, and it was therefore important to obtain the X-ray imaging results to find out what injuries Rasim Aliyev had suffered. “In the case materials, there are contradictions in the statements of the surgeons, who operated on Rasim Aliyev, and the doctor, who performed the x-ray examination. Therefore, the X-ray images, which are the results of the X-ray examination and the main evidence, must be examined in court,” Shamsaddin Guliyev said.
The defendants and the victim’s legal heiress also asked for the motion to be sustained. The public prosecutor, however, requested its rejection due to absence of grounds.
The court postponed the hearing to make a decision on the motion.
The next hearing will be on June 17, 12.00pm.