Summary: Hearing 9
Chief operations officer of Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs Islam Agabayov, who is a victim and witness in the case, said he had not tortured or threatened anyone;
Deputy section chief of Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs Elchin Tagiyev, who is a victim and witness in the case, said they had performed an operation in Nardaran and those in Nardaran threw a grenade.
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.
Questioning of victims:
Chief operations officer of MOCD Islam Agabayov’s cross-examination continued. Agabayov answered the questions of the lawyers and the defendants.
Firstly, defendants Agil Ismayilov and Ali Nuriyev said they had been tortured by Islam Agabayov. They noted that Agabayov had threatened to harm their families and had them sign blank papers. Ali Nuriyev said the signs of torture inflicted on him still remained on his body.
Islam Agabayov said the defendants’ claims were a lie. He said he had not tortured or threatened anyone, and accused the defendants of providing ‘instructed’ testimonies.
Asked by lawyer Yalchin Imanov what damage he had suffered, Islam Agabayov replied that he had not suffered damage, but wanted to be recognised as a victim.
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 also interrogated. “On November 26, an operational meeting was held under the guidance of Karim Alimardanov. Operational information had been received on Taleh Bagirzade and his gang. At 12.45pm we arrived in Nardaran. We positioned ourselves and started the operation. There were about 20 officers from our department. We had arrived there in special vehicles. They helped me to jump over the fence. Then two police officers went in through the door. As soon as we entered in, the opposite side threw a grenade. I did not personally see the grenade be thrown, but heard an explosion. Then the shooting started. We did not expect them to throw [a grenade],” Elchin Tagiyev said.
Elchin Tagiyev testified that Taleh Bagirzade resisted arrest. The lawyers said Elchin Tagiyev’s testimony contradicted police officer Elman Bayramov’s testimony. They quoted Elman Bayramov as saying that Taleh Bagirzade was in shock at the time of arrest and did not resist. Another contradiction lied in the fact that as opposed to Elman Bayramov’s statement that two policemen entered the yard first, Elchin Tagiyev stated that he jumped into the yard over the fence first.
Answering the lawyers’ question on how long the operation lasted, Elchin Tagiyev said ‘It’s hard to say, there are hundreds of operations and I cannot remember’. Lawyer Yalchin Imanov reminded him that his statement said ’15 minutes’.
Elchin Tagiyev further said that they had taken those wounded during the operation to the hospital. However, defendants Shamil Abdulaliyev and Bahruz Asgarov, who were also injured at that time, said that after the operation they had been taken to the hospital by villagers.
Lawyer Yalchin Imanov asked Elchin Tagiyev what damage he had suffered and the latter’s response was “I did not suffer damage, but could suffer.”
The next hearing was set for August 25, 10.30am.