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Summary: Hearing 29
On 21 October 2016 Baku Grave Crimes Court chaired by Judge Alovsat Abbasov continued the hearing on the criminal case of Muslim Union Movement’s Chairman Taleh Bagirzade and other members of the Muslim Union Movement, charged under 21 articles of the Criminal Code including homicide, terrorism and incitement.
The APFP Deputy Chairman Fuad Gahramanli who is not a member of the Movement but yet accused of promoting their cause 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 respectively.
On 26 November 2015 an armed incident occurred between a group of believers and policemen in Nardaran settlement of Baku, 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 in relation to the incident by the Prosecutor General’s Office of Azerbaijan Republic.
Fuad Gahramanli, who was not present during the incident, was arrested on 8 December, 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.
At today’s hearing, lawyer Yalchin Imanov filed a motion to summon Ibrahim Kazimov, a MOCD employee nicknamed Shrek, once more for cross-examination. The lawyer said he had some questions to ask to Ibrahim Kazimov, who had been recognised as a victim.
The public prosecutor in turn said that Kazimov had already testified in court twice and told everything he knew. The presiding judge deferred the consideration of the motion to one of the subsequent hearings, saying that the cross-examination of this witness had always given rise to some trouble.
Questioning of witnesses:
Nadir Valiyev, a platoon commander of the Post Patrol Service unit of Sabunchu District Police Department, testified as a witness. “It was around 11 pm on 5 November 2015. Somewhere about 100 to 150 people had gathered outside the building of Sabunchu District Police Department and were demanding the release of Elchin Gasimov (deputy chairman of Muslim Union Movement). They were chanting slogans. Then they began throwing rocks at the policemen. Several officers were injured. We captured them and handed them over to the Department,” Valiyev said.
Javid Gafarov, Ruslan Maharramov and Eyvaz Huseynov, officers with the Post Patrol Service unit of Sabunchu District Police Department, testified as a witness. Their testimonies were similar to that of witness Nadir Valiyev.
During his testimony, Shahbaz Orujov, a police officer with the Post Patrol Service unit of Sabunchu District Police Department, stated that he was at the doorway while witness Nadir Valiyev, who had taken the stand prior to him, was testifying and heard what he was saying. Lawyer Yalchin Imanov noted that it was against the law and filed an oral motion to terminate Orujov’s witness status. The motion was granted.
Agaali Alakbarli, an operations officer for the criminal investigation division of Sabunchu District Police Department, testified as a witness. Alakbarli stated that he had seen defendant Zakir Mustafayev during the incident that occurred in front of Sabunchu District Police Department on 5 November 2015. Mustafayev replied that he was not at the incident scene on the day mentioned. He accused the witness of perjury.
Witness Alakbarli further stated that the persons detained during the incident had not been tortured. He said that they had found brass knuckles and knives on the detainees.
Interrogation of a victim:
Ramil Ismayilov, a police officer with the Post Patrol Service unit of Sabunchu District Police Department, testified as a victim in the case, and said that he lost his handcuffs and baton during the unrest in front of Sabunchu District Police Department on 5 November 2015 and his helmet and protective shield were cracked by the rocks thrown at them by the crowd.
The next hearing was set for October 24, 10.30am.