LAWSUIT OF NOVRUZALI MAMMADOV`S FAMILY NOT FULFILLED

January 27th, 2010
Today, 27 January, in the Nasimi District Court,  Judge Ikram Shirinov issued a decision  on the lawsuit of “Tolishi Sado” Newspaper Editor-in-chief N.Mammadov`s wife Maryam Mammadova and son Emil Mammadov against the Finance Ministry, the Justice Ministry’s Penitentiary Services, the Chief Medical Office of the Justice Ministry, Prison #15 and the Penitentiary Service’s Treatment Facility for the journalist’s death. The Institute for Reporters` Freedom and Safety was told this by Plaintiff’s lawyer Ramiz Mammadov.

According to Ramiz Mammadov, the judge issued a decision not to fulfill the lawsuit.   The lawyer said that the result of medical examination was announced in the hearing on 26 January.
On 25 November 2009, lawyer R.Mammadov filed a motion to conduct a medical examination to determine the adequacy of Mammadov`s treatment with his diagnosis. The hearing was postponed until the result of the examination came out. It was said in the result of the examination that Mammadov`s diagnosis corresponded with his treatment.
During yesterday’s hearing, the parties’ closing arguments were heard.
R.Mammadov said that the plaintiff will file an appeal against the decision of the Nasimi District Court.
Maryam and Emil Mammadov asked the court to consider a law violation the failure by the defendants to execute (inactivity) the decision (6 February 2009, #6(007)-7/09) of the Nizami District Court regarding the late Novruzali Mammadov’s examination and treatment, and to be paid three million AZN in compensation in return for moral damages caused as a result of the defendants’ negligence.           
“Tolishi Sado” Newspaper Editor-in-chief N.Mammadov died in the Justice Ministry’s Penitentiary Services’ Central Hospital on 17 August 2009. In 2007, during a closed hearing, N.Mammadov was sentenced to ten year imprisonment under article 274 (treason) of the Criminal Code of Azerbaijan Republic. However, N.Mammadov, who had Talysh nationality, did not consider himself guilty and claimed that his arrest was related to ethnic-political motives and freedom of speech.