Lawyers’ Motions Granted in Nardaran Residents’ Trial

August 26th, 2016

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Summary: Hearing 11

 At the hearing, defendant Abbas Huseynov complained to the court chairperson against the presiding judge, arguing that the judge was giving cues to the employees of the Main Organised Crime Department of the Ministry of Internal Affairs, who were witnesses and victims in the case, during their questioning;
 Lawyer Nemat Karimli filed a motion to conduct forensic medical examination to determine the extent of the damage caused to the health of the defendants who were subjected to torture after November 26, 2015. The motion was sustained;
 Lawyer Zibeyda Sadigova filed a motion to conduct forensic medical examination to determine the extent of the damage caused to the health of defendant Shamil Abdulaliyev and to provide him treatment (surgical operation) to remove the bullet stuck in his body. The motion was partly granted; the request to conduct forensic medical examination to determine the extent of the damage caused to the health of defendant Shamil Abdulaliyev was granted, but the request to provide him treatment (surgical operation) to remove the bullet stuck in his body was denied;
 Due to Elchin Tagiyev’s frequent “I do not remember” reply to many of the lawyers’ questions, lawyer Nemat Karimli filed a motion to have him undergo psychiatric examination to determine his ability to perceive the events of the day of the incident. The presiding judge said the motion would be discussed at the next hearing;
 Employee of the Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs Hikmat Aliyev, who is a victim and witness in the case, said information had been received that Taleh Bagirzade wanted to create an armed group in Nardaran and to seize power by force, and therefore, they went to carry out the operation.

Baku Grave Crimes Court, chaired by Judge Alovsat Abbasov, held 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.

Defendant’s complaint:

At the hearing, defendant Abbas Huseynov complained to the court chairperson against the presiding judge, arguing that the judge was giving cues to the employees of the Main Organised Crime Department of the Ministry of Internal Affairs, who were witnesses and victims in the case, during their questioning. The complaint was presented to the clerical office.

Lawyers’ motions:
Lawyer Nemat Karimli filed a motion to conduct forensic medical examination to determine the extent of the damage caused to the health of the defendants, except Fuad Gahramanli, who were subjected to torture after November 26, 2015. The other lawyers and the defendants backed the motion.
Lawyer Zibeyda Sadigova filed a motion to conduct forensic medical examination to determine the extent of the damage caused to the health of defendant Shamil Abdulaliyev and to provide him treatment (extraction of a bullet through a surgical operation) to remove the bullet stuck in his body. In justification, the lawyer said the bullets fired by police officers during the Nardaran operation were still inside Shamil Abdulaliyev’s body.
While commenting on the motion, the public prosecutor requested it to be rejected. The public prosecutor reminded that the lawyers had filed a complaint with the Prosecutor General’s Office for initiation of a criminal case due to the infliction of torture on Taleh Bagirzade and Abbas Huseynov. He added that the prosecutor’s office had rejected the request to launch a criminal case.
The public prosecutor said there was no need to grant the motion as the other defendants had already undergone an examination.
As for the motion on treatment of Shamil Abdulaliyev, the public prosecutor said this request should be made to the prison.
The presiding judge said the motions would be decided after the questioning was over.

Questioning of the victim:

Next, Main Organised Crime Department employee Hikmat Aliyev testified at the hearing as a witness and victim: “Information was received that Taleh Bagirzade wanted to create an armed group in Nardaran and to seize power by force. We held a meeting at the department in this connection. At 1pm, we went to Nardaran. Arriving at the house where the incident occurred, we fired warning shots. As I and other policemen entered the yard, an explosive went off. We escaped injury as we sheltered ourselves behind the pool in the yard. I saw one person in the yard. Then, I entered the house and neutralised a man aged 50-55. He had a knife in his hand and tried to resist me. During the pat-down, a grenade was found in his pocket. The person I am talking about was Ibrahim Khudaverdiyev. I performed a sporting manoeuvre and pinned him to the ground and neutralised him.”
Hikmat Aliyev then answered the lawyers’ and the defendants’ questions. He said he fired shots in the direction where gunshots were coming from, but did not know whether the bullets hit or killed anyone.
The public prosecutor asked him whether the defendants had been tortured, noting that infliction of torture on those persons was one of the main points at issue. The public prosecutor asked whether he had tortured anyone or witnessed such an incident. Hikmat Aliyev said he had not witnessed such an incident or personally tortured anyone.
The lawyers asked him what damage he had suffered. Hikmat Aliyev said he had suffered moral damage. “They fired at us,” he said.
Defendant Ali Nuriyev said Hikmat Aliyev had handcuffed him and together with Karim Alimardanov electrocuted him. He pointed to the marks on his hands. “But it was Islam Agabayov who had me sign my statement. He showed me pictures of my brother and cousin and said ‘sign here, if you do not want them to be in your place’,” Ali Nuriyev said.

Rasim Jabrayilov also said Hikmat Aliyev had subjected him to torture. Hikmat Aliyev replied that they mistook him for someone else. He said he saw defendant Abbas Guliyev during the confrontation, and had not tortured anyone. “I work at a different section. I do not work at the same section as Karim Alimardanov. We were together just in the operation. I am an ordinary employee there; I cannot give orders to anyone,” Aliyev said. He confirmed the statement which he had given during the investigation. He said he had no complaints against the defendants. He left it up to the court to decide on what punishment to choose against them.

The next hearing was set for August 31, 10:00am.