Azerbaijani courts reject political prisoners' petitions
Azerbaijani courts reject petitions
Azerbaijani courts reject petitions from journalists and civil society representatives who have been detained in the aftermath of mass arrests over the past six months. They have repeatedly extended pretrial detention periods and refused to change the measure of restraint to house arrest, even disregarding the severe health conditions of some detainees.
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On April 3rd, the Baku Court of Appeals rejected the appeal to transfer Alasgar Mammadli, the legal founder of the online television channel Toplum TV, to house arrest. According to his lawyer, Agil Layij, Mammadli participated in the hearing himself.
“He stated that the transfer to house arrest is crucial not only for his freedom but also for his life. He mentioned that he already feels the enlargement of the thyroid gland tumor and experiences difficulty breathing,” the lawyer said.
According to Layij, Mammadli urgently needs examination and treatment, yet samples for biopsy have not yet been taken from him. “Our requests to transfer him to a medical facility under the Ministry of Justice remain unanswered,” Layij noted.
In turn, Nasimi Mammadli, Alesker Mammadli’s brother, also expressed concern about his brother’s condition. “He periodically experiences choking attacks. Delaying treatment may lead to tumor growth and metastasis, posing a threat to his life,” he stated.
From March 6th to 8th, nine employees of Toplum TV and its partner organization, the Institute for Democratic Initiatives, were detained. They were charged with smuggling foreign currency. Seven individuals were sentenced to four months of pre-trial detention, while two others were placed under police supervision.
On the same day, the Yasamal District Court in Baku extended the detention of activist Ilhamiz Guliyev for another 20 days.
According to his lawyer, Rovshana Ragimova, the preliminary investigation against Guliyev has concluded, and the case is expected to be forwarded for trial. The lawyer pointed out the lack of procedural grounds for extending the detention.
“The court did not justify its decision, and we consider it unjustified. We will file an appeal,” the lawyer noted.
Guliyev was detained on December 4, 2023, and two days later was arrested for four months on charges of large-scale drug trafficking.
According to human rights defenders, the true reason for Guliyev’s arrest was his interview with Abzas Media, in which he stated that the police use undocumented drugs to falsify criminal cases. Guliyev was presented in the interview as a former police officer. In the past, he had unofficially assisted a police investigator.
On April 2nd, the Khatai District Court in Baku considered a request to transfer investigative journalist Hafiz Babaly to house arrest. His lawyer, Rasul Jafarov, justified the request by stating that there are no material or procedural grounds for keeping Babaly in custody.
“The investigation justifies Babaly’s detention with subjective assumptions that he may ‘flee’ and ‘influence the course of the investigation.’ However, Babaly was already prohibited from leaving the country before the criminal case. Additionally, he has a permanent residence, and house arrest would be monitored by probation officers,” the lawyer said.
Babaly initiated the recusal of Judge Sulhana Hajiyeva. The journalist stated that her attitude towards him was biased, as she had previously issued a decision to remand him in custody and rejected previous requests. However, the judge did not see ‘sufficient grounds’ for recusal, leaving the request unaddressed.
The judge also dismissed the request for transfer to house arrest. Lawyer Jafarov plans to file an appeal.
Hafiz Babaly is one of six people arrested in the ‘Abzas Media case.’ Like the others, he is charged with ‘smuggling foreign currency.’ By the court’s decision, he is subjected to three months of pretrial detention.”
