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Summary: Hearing 8 (May 11)
Prosecution witness Aydin Mahmudov testified that when he was with journalist Rasim Aliyev at the hospital, Javid Huseynov arrived and told Rasim,“if it’s really my relatives who have assaulted you, we will cover all of your expenses”;
The presiding judge said that the interrogation of the prosecution and defense witnesses in the case was completed, along with the judicial investigation;
The public prosecutor gave a speech at the hearing, stating that there was sufficient evidence proving the charges brought against Javid Huseynov, and requested that the court sentence Huseynov to 4 years in prison;
Javid Huseynov’s lawyer Adam Mammadov asked the court to give him time to prepare for the defense speech; the judge allowed the requested time and postponed the hearing.
Elman Rahimov, the presiding judge at Sabail District Court, held a hearing on the criminal case against the football player Javid Huseynov, who is being prosecuted in connection with the death of journalist Rasim Aliyev. Huseynov stands charged under articles 307.1 (failure to inform [the authorities] about a serious crime, despite of being aware of its preparation or enactment) and 307.2 (concealment of a serious crime without a prior consent) of the Criminal Code. Five men, including a relative of Javid Huseynov were sentenced in relation to the murder case. On April 1, 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.
Interrogation of prosecution witnesses
At today’s hearing, prosecution witness Aydin Mahmudov was questioned. Previously, on April 27, 2016, the court read out the statement that Aydin Mahmudov had provided to the investigating agency with the consent of the prosecution and defense, due to the witness’ failure to attend court. However, at the hearing held on May 4, 2016, Javid Huseynov’s lawyer argued for the importance of questioning Aydin Mahmudov in court. He filed a motion to bring him to court, which was granted.
Aydin Mahmudov is a friend of the late journalist Rasim Aliyev’s, and was at his bedside in the hospital. During his court testimony, Aydin Mahmudov said while he was with Rasim Aliyev, footballer Javid Huseynov and Gabala Football Club manager Sabuhi Safiyarli visited Rasim Aliyev. “At the hospital, Javid Huseynov said to Rasim, “We talked on the phone and ironed out our misunderstandings – why did you go to the meeting?” Rasim responded, “How come 5 minutes after my phone conversation with you, your cousin phoned me and invited me to this meeting?” Javid answered that he was unaware of that meeting. Rasim told Javid that 5 men had beaten him and had taken his phone and wallet.
“I also talked to Gabala FC manager Sabuhi Safiyarli about it. He gave me his number and said that he would check into it in an hour or two and get back to us regarding the phone and wallet. But he did not phone and Rasim advised me not to go to the meeting with Sabuhi as I could be beaten, too,” Aydin Mahmudov said.
Mahmudov added that Rasim Aliyev did not believe that Javid Huseynov was unaware of the plans to assault him. “Rasim didn’t understand how Javid Huseynov could have been unaware that his cousin, Elshan Ismayilov (one of the accused) called him just 5 minutes after his phone conversation with Javid, to propose a meeting. Javid Huseynov also asked the doctor about Rasim’s condition. Javid Huseynov told Rasim that if indeed his relatives were the assailants, they would cover all of his expenses,” Aydin Mahmudov stated during his testimony.
Upon completion of the witness interrogation, the presiding judge announced that the judicial investigation would also be concluded.
The public prosecutor also gave a speech at the hearing, saying that the evidence in the case (witness testimonies, WhatsApp messages, etc.) proved Javid Huseynov’s guilt on the charges brought against him (failure to inform [the authorities] about a serious crime, despite of being aware of its preparation or enactment and concealment of a serious crime without a prior consent) and he should be sentenced. The public prosecutor asked the court to hand down 1.5-year jail sentence under Article 307.1 (failure to inform [the authorities] about a serious crime, despite of being aware of its preparation or enactment) of the Criminal Code and 2.5-year sentence under Article 307.2 (concealment of a serious crime without a prior consent), i.e. a 4-year jail sentence in total.
Javid Huseynov’s lawyer Adam Mammadov requested additional time to prepare for the defense speech; his request was granted by the judge .
The hearing will continue on May 16, at 12.00pm.