Judge to Complain to Bar Association against Lawyers in Nardaran Residents’ Trial

August 25th, 2016

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On August 25, Baku Grave Crimes Court, chaired by Judge Alovsat Abbasov, held a preliminary hearing on the criminal case of Muslim Union Movement’s Chairman Taleh Bagirzade, Jabrayilov Rasim Mirzababa oglu, Mustafayev Zakir Tapdig oglu, Jabbarov Jabbar Amirkhan oglu, Babakishizade Jahad Babahuseyn oglu, Abdulaliyev Shamil Adil oglu, Ismayilov Agil Azer oglu, Yariyev Ramin Maharram oglu, Guliyev Abbas Abdulrahman oglu, Khudaverdiyev Ibrahim Mammad oglu, Ismayilov Etibar Rasim oglu, Asgarov Bahruz Rahib oglu, Nuriyev Ali Hasrat oglu, Valiyev Alibala Javad oglu, Balayev Farhad Nasraddin oglu and Tagizade Abbas Hafiz oglu, who are charged under Articles 120.2.1 (homicide, committed by a group of people, a group of people on preliminary arrangement, an organised group or a criminal community/organisation), 120.2.3 (homicide, of the victim or his close relatives in connection to performance of service or public duty by the victim), 120.2.4 (homicide, committed with special cruelty or in publicly dangerous way), 120.2.7 (homicide, of two or more persons), 120.2.12 (homicide, with the motive of national, racial, religious hatred or enmity), 29 (attempted crime), 214.2.1 (terrorism, committed by a group of people on preliminary arrangement, an organised group or a criminal community/organisation), 28 (preparing to commit a crime), 214.2.3 (terrorism, committed with use of fire-arms or objects used as a weapon), 214-2 (open calls for terrorism), 220.2 (incitement to active insubordination to lawful demands of a representative of authority and to mass disorders, as well as to violence against citizens), 228.3 (illegal acquisition, transfer, selling, storage, transportation or carrying of fire-arms, their accessories, supplies and explosives, committed by an organised group), 228.4 (illegal acquisition, selling or carrying of a gas weapon, cold steel, as well as a throwing weapon, except for places where carrying of a cold steel is an accessory of a national suit or is connected to hunting), 278 (violent seizure or retention of power), 279 (creation of armed formations or groups not provided for by the legislation), 281.2 (public appeals directed against the state, committed repeatedly or by a group of people), 283.2.3 (instigation of national, racial, social or religious hatred and hostility, committed by an organised group), and 315.2 (resistance to or use of violence against a representative of authority) of the Criminal Code, Huseynov Abbas Mammadbagir oglu, who is also charged under Article 233 (organisation of actions violating public order or active participation in such actions) of the Criminal Code in addition to the above charges, and APFP Deputy Chairman Fuad Gahramanli, who is charged under Articles 220.2 (making calls for active insubordination to lawful requirements of representatives of authority and for mass disorders, as well as violence against citizens), 281.2 (public appeals directed against the state, committed repeatedly or by a group of people) and 283.2.1 (instigation of national, racial, social or religious hatred and hostility, by using or threatening to use violence) of the Criminal Code. An armed incident occurred between a group of believers and policemen in Nardaran settlement of Baku on November 26, 2015, during an operation conducted by the police. According to official reports, the shootout resulted in the death of six, including two police officers. Taleh Bagirzade, the leader of the Muslim Union Movement, and several believers were detained as part of the operation. A criminal case has been launched on the fact and is investigated by the Prosecutor General’s Office of Azerbaijan Republic. Fuad Gahramanli was arrested on December 8, 2015. His lawyer Yalchin Imanov said that Fuad Gahramanli was arrested due to his Facebook posts and his case was merged with the criminal case of the people arrested over the Nardaran incidents.
Cross-examination of Deputy Chief of “Taking People Hostage” section of the Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs Elchin Tagiyev, who is a victim and witness in the case, was resumed. Elchin Tagiyev answered the questions of the lawyers and the defendants.

At the last hearing, Elchin Tagiyev had stated that Abbas Huseynov had a weapon in his hands when he detained him. Commenting on his statement, Abbas Huseynov said he did not have any weapon in his hands when he was detained. He accused Elchin Tagiyev of perjury. “This person alleges that when he entered the yard I was standing between the two houses facing the gate with a weapon in my hand and opened a fire, with the black masked men opposite me. How come neither my 25 shots caught them nor theirs hit me? This is an absolute fiction,” Abbas Huseynov said.

Abbas Huseynov asked Elchin Tagiyev what had caused the injuries to his face. Tagiyev replied that when he was apprehending Abbas Huseynov, the tip of the gun touched Abbas Huseynov and injured him.
After that, the judge announced a break in the hearing as many of the lawyers were not in attendance.

After the break, the judge stated that despite repeated warnings, many of the lawyers still did not attend the hearing. “I will apply to the Bar Association to solve this issue. Hearings should not be held without lawyers. If we are talking about rights, you need to pay attention to this issue as well,” the judge said.

The next hearing is scheduled for August 26, 10.00am.