LAWSUIT AGAINST NEWSPAPER NOT ACCEPTED FOR CONSIDERATION

February 18th, 2008
Today a preparatory court hearing on Muasir Musavat Party Chairman Hafiz Hajiyev's accusation against "Yeni Musavat" newspaper took place under the chairmanship of Binagadi District Court Judge Svetlana Ismayilova. 

The plaintiff's representative Shahin Hajiyev said, "The article published in the newspaper is slanderous and is not based on truth. That is why we consider our accusation substantiated." "Yeni Musavat" Newspaper Assistant Editor Azer Aykhan stated, "We published a refutation on 29 December 2007 – four days after the article was published. And we sent a letter to court confirming that the correspondent of this article was punished. The judge asked the name of the correspondent but A. Aykhan said they don't want to reveal his name at the moment. Then the representative of plaintiff asked A. Aykhan, "Did you try to check for the accuracy of the article before sending it to print?" A.Aykhan replied saying, "We tried to contact the opposite side repeatedly, but were unable to do so." Then the defendant's lawyer made a petition for the lawsuit to be dismissed since it wasn't substantiated correctly. The court then announced a recess for deliberations.  Upon returning the Judge announced her decision. According to the decision, the case will not be considered taking into account article 302.1.2 of Procedural Criminal Code (when accusation is made by a person not entitled to criminal persecution).  
Recall that Muasir Musavat Party Chairman Hafiz Hajiyev filed a lawsuit against "Yeni Musavat" newspaper after the articles "Son-in-law of Balig Hafiz (Fish Hafiz) Arrested" and "Sashko Tadorovski Accused of Bribery" were published in “Yeni Musavat” newspaper on 25 December 2007. The plaintiff demanded that the defendant publish a refutation in the newspaper, apologize and to pay a 20,000 AZN fine for moral damages. The editorial office of the newspaper, Deputy Editor Azer Aykhan and a correspondent by name Jahangir were named as defendants in the indictment.