LAWSUIT OF IRFS CHAIRMAN RETURNED TO APPELLATE COURT

December 5th, 2008
On 17 November a court hearing on the lawsuit of the Institute for Reporters’ Freedom and Safety Chairman Emin Huseynov against a Baku Appellate Court decision was held in the Azerbaijan Republic Supreme Court Colleague on Civil Cases under the chairmanship of judge Alasgar Aliyev.

The court fulfilled E. Huseynov’s appeal partially, annulling the Appellate Court decision and issued a decision to send the case back to the Appellate Court for reconsideration.
The hearing was held without the participation of Huseynov and his defense lawyer Elchin Sadigov. Sadigov told IRFS that informing the plaintiff about the date of the hearing is envisaged in Azerbaijani Legislation. “I am the defense lawyer of Huseynov,” he said. “I haven’t gotten any notice and therefore we haven’t been able to participate in the hearing”.

Huseynov also noted that he was unaware about the hearing and received the copy of the decision yesterday (3 December). “It is written in the decision that although my lawyer and I were notified, we did not participate in the hearing without showing any reason,” said Huseynov. “In fact this information is not true. Neither I, nor my lawyer Sadigov, received any notification.”

Although both Huseynov and Sadigov consider the decision of the court as something positive, they evaluate the whole process as “red tape.”

“Huseynov’s lawsuit should be considered in the first instance court. However, the denial of the lawsuit, its consideration in the Supreme Court and returning it back to the Appellate Court means bureaucracy,” noted Sadigov.

The lawsuit of Huseynov against Internal Ministry, Nasimi District Police Department and Police Unit 22 of this Department was returned by the decision of Nasimi District court Judge Ikram Shirinov. It was noted in the decision that "the lawsuit is to be considered as a regular case, not a special case. Each of the defendants is asked to pay 50,000 (fifty thousand –total 150, 000 AZN) AZN in compensation. This characteristic of the lawsuit must be considered through general consideration, not special."

The lawsuit stems from physical and moral pressure Huseynov was subjected to by police this past June.