PRELIMINARY HEARING HELD ON JOURNALIST’S APPEAL

September 14th, 2009
Today, 14 September, in the Baku Appellate Court, under the chairmanship of Judge Jamal Ramazanov, a preliminary hearing was held on the appeal of both parties against the decision of the Nizami District Court adopted  on the lawsuit of “Azadlig Harakatchilari” Union Chairman Tahmasib Novruzov against “Nota” Newspaper Editor-in-chief Substitute Sardar Alibeyli (Aliyev) under article 148 (insult) of the Criminal Code, newspaper’s employees Ramiz Tagiyev and Faramaz Novruzoglu (Allahverdiyev) under article 147.2 (accusing someone in grave or especially grave crimes) of the Criminal Code in the special format.

Judge J.Ramazanov announced the hearing on this appeal will take place on 23 September, at 11:00 a.m. and the case will be considered without court investigation on the essence of the case.
The plaintiff filed an appeal to increase the punishment and the defendant filed an appeal to annul the decision and to be justified. On 22 July National Press Day Baku city Nizami District Court (judge Ziya Aliyev) issued a decision to find Sardar Alibeyli and Faramaz Allahverdiyev guilty under articles 147 (libel) and 148 (insult) and sentenced both of them to three months imprisonment. Another employee of the newspaper Ramiz Tagiyev was sentenced to six months conditional imprisonment via the same verdict. If their appeal is not fulfilled, the verdict will be fulfilled, and both of the journalists will be imprisoned.   
On 31 March Khatai Court Judge Togrul Aliyev issued a decision on the lawsuit of Tahmasib Novruzov in connection with articles “Whose orders is Tahmasib Novruzov fulfilling” (1-7 February, 2009, edition 04 (018), “Anti-Terror Center threatens our employees” (8-14 February, edition 05 (019), “Who is NSM’s person in APA”, “Bahlul Muradova raises one more criminal case” (22-28 February, 2009, edition 07 (021), “Let your mother die, hey Ramazan” (01-07 March, edition 08 (022), and “Who are forces that want the name of Sevil Nuriyeva to be mentioned in our newspaper” (08-14 March, 2009, edition 09 (023) published in “Nota” Newspaper. According to the verdict, “Nota” newspaper had to publish a refutation and the journalists should apologize. T.Novruzov filed a special lawsuit again under articles 147.2 and 148 of the Criminal Code due to the article “Apology article for Tahmasib Novruzov whose honor is stepped on and whose dignity is degraded,” which was published in the April 05-11 2009 edition of the newspaper. In June the case was sent to the Nizami District Court to be considered.