Summary: Hearing 1
Fuad Agayev and Afgan Mammadov, the lawyers of the former Minister of Foreign Economic Relations Nijat Guliyev, made speeches at the court hearing and asked for the discontinuance of the criminal case and Nijat Guliyev’s release;
Public prosecutor Mustajab Aliyev requested the rejection of the cassational appeal;
The Judicial Chamber upheld the decision of Sumgayit Court of Appeal.
Supreme Court, chaired by judge Ali Seyfaliyev, held a hearing on the case of Nijat Guliyev, the former Minister of Foreign Economic Relations. Nijat Guliyev was arrested on August 7, 2013. By the verdict dated April 2, 2014 of Absheron Regional Court, Nijat Guliyev was found guilty of committing a crime under Article 228.1 (illegal purchase, transfer, selling, storage, transportation or carrying of a fire-arm, its accessories, ammunition (except for a smooth-bore hunting weapon and its ammunition), and explosive substances and devices) of Criminal Code and was sentenced to 3 years in jail. His sentence was upheld by Sumgayit Appeal Court’s decision of August 14, 2014. Nijat Guliyev was previously arrested on October 19, 2005. He was initially charged with participating in a coup attempt, but was released shortly afterwards.
Lawyers’ speeches:
From Nijat Guliyev’s lawyers Fuad Agayev spoke fist at the hearing. “My client Nijat Guliyev was found guilty of committing a crime under Article 228.1 (illegal purchase, transfer, selling, storage, transportation or carrying of a fire-arm, its accessories, ammunition (except for a smooth-bore hunting weapon and its ammunition), and explosive substances and devices) of Criminal Code and was sentenced to 3 years in jail by the verdict dated April 2, 2014 of Absheron Regional Court. The court of appeal failed to assess most of the evidence presented by the defense counsels for the resolution of the case, and incorrectly assessed another part of it. As a result, Sumgayit Appeal Court dismissed the appeal by its decision dated August 14, 2014 and upheld the verdict of the court of first instance. At lower courts, the defense proved that the weapons, ammunition and grenades allegedly seized from Nijat Guliyev’s car and the yard of his country house did not belong to Nijat Guliyev, and they had been planted by the persons who had temporary control of the car and the yard of the country house. By the way, I should note that a number of people in the leadership of the Ministry of National Security, including former deputy chief of the Anti-Terrorism Center Ilgar Aliyev who organized the operation against Nijat Guliyev, and a number of employees of the investigation department were brought to justice last year over similar actions. To put it otherwise, those who had Nijat Guliyev arrested are now history,” the lawyer said.
Fuad Agayev asked the court to discontinue the criminal case and to free Nijat Guliyev.
Lawyer Afgan Mammadov took the floor next. The lawyer made a very succinct speech, saying that Nijat Guliyev had been held in prison for 3 years despite his innocence. “It is ridiculous and illogical to arrest a person with higher education and having two children including one underage on weapon charges.” Afgan Mammadov also noted that the masterminds of Nijat Guliyev’s arrest are no longer there. Reminding that Nijat Guliyev was one of the young cadres of the late president Heydar Aliyev, the lawyer requested his release.
Public prosecutor’s speech:
The public prosecutor also spoke briefly and requested the court to reject the cassational appeal and to uphold the decision of the lower court.
Court decision:
The Judicial Chamber upheld the decision dated August 14, 2014 of Sumgayit Court of Appeal.