JUDGE NOT ENTITLED TO COMMENT ON DISPUTED JUDGMENT AS HE SAYS

January 28th, 2011
 “Our judgment on Eynulla Fatullayev’s case sparked discussions as a result of journalistic exaggeration. We have a decision: The Garadagh District Court’s jdugment on Eynulla Fatullayev’s case was upheld,” Baku Appeals Court Judge Mirpasha Huseynov told the MediaForum website.

In a response to the question about the issuance of the decision past working hours and refusal to allow Fatullayev and his lawyers to speak, Huseynov said that he is not entitled to answer this question: “I have no right to answer. There is a judgment and if they are disappointed, they can go to Supreme Court. The Appeals Court judgment will be delivered to  Fatullayev and his lawyers within the period envisaged by the legislation. The judgment will include my opinions too,” Huseynov added.
On 25 January, Baku Appeals Court Judge Mirpasha Huseynov issued a decision to reject the appeal of imprisoned journalist Eynulla Fatullayev against the Garadagh District Court's judgment on his case. The decision, made in a hearing with serious legal violations which lasted past the working day, rules that the sentence is calculated from July 6, 2010. Moreover, Fatullayev and his lawyer Anar Gasimov were not allowed to make a speech, nor were the journalists allowed to record photo or videos.
In 2007, Eynulla Fatullayev, editor-in-chief of “Realniy Azerbaydjan” and “Gundelik Azerbaycan” newspapers, was sentenced to 8.5 years in jail for threatening terrorism, amongst other charges. However, the European Court of Human Rights has issued a final and absolute ruling for his innocence, and has demanded his immediate release, as well as a 27,822 AZN compensation. The Azerbaijani Supreme Court Plenum has not fully implemented this ruling. The journalist is currently in prison under drug possession charges that are widely agreed to have been fabricated.