The South Caucasus Network of Human Rights Defenders
Azerbaijan: Fatullayev will stay in prison
[28.12.2010]
Today, the Supreme Court (SC) of Azerbaijan, chaired by Imran Gadzhigaibov, has dismissed the cassation appeal of journalist Fatullaev. The complaint was filed against the decision of the Baku Court of Appeal about Fatullaev's freedom restriction measure in the form of arrest.
According to the defence, this measure was chosen for Fatullaev post factum already after the Garadag District Court of Baku had passed on July 6, 2010, a new sentence on charges of drug possession.
"The aim of the arrest decision was not to admit Fatullaev's release after inevitable cancellation of his two 2007 verdicts in accordance with the decision of the European Court of Human Rights (ECtHR). And this was done exactly like that: on November 11, the SC overturned the previous sentences, but left Fatullaev in custody on the basis of the decision of the Baku Court of Appeal," said Elchin Sadygov, one of Fatullaev advocates.
The cassation appeal demanded immediate release of the journalist and his re-trial on charges of illegal possession of drugs. Besides, Fatullaev demanded payment of compensation for unjustified detention during the inquiry.
However, the state prosecutor Bashir Dzhafarov was against satisfaction of the appeal.
The SC retired for consultations and then rejected the complaint and returned the case to the Baku Court of Appeal.
Advocate Elchin Sadygov named the ruling as "an execution of the political order with the aim to leave the journalist behind bars." In his view, "the court was non-objective at considering the complaint."
According to Sadygov, now Fatullaev's case is returned to the Baku Court of Appeal; and its consideration is indefinitely postponed.
"The Azerbaijani authorities continue to fail their obligations before the Council of Europe. They not only failed to enforce the verdict of the Strasbourg Court about Fatullaev's immediate release, but also ignored the decision of the Committee of Ministers of the Council of Europe of December 7. The Committee called the official Baku to fully enforce the decision of the ECtHR. According to the rules of the Council of Europe, after an unjustified refusal of the local SC to fully enforce the decision of the ECtHR, the Committee of Ministers may demand, within one month, to apply an alternative punishment for Fatullaev, other than custody," said Sadygov.
The press service of the SC refused to comment on the today's decision on Fatullaev's case and the statement of his advocate about the Supreme Court's violation of the requirements of the Council of Europe, saying that they had "nothing to add to the judge's decision."
According to the defence, this measure was chosen for Fatullaev post factum already after the Garadag District Court of Baku had passed on July 6, 2010, a new sentence on charges of drug possession.
"The aim of the arrest decision was not to admit Fatullaev's release after inevitable cancellation of his two 2007 verdicts in accordance with the decision of the European Court of Human Rights (ECtHR). And this was done exactly like that: on November 11, the SC overturned the previous sentences, but left Fatullaev in custody on the basis of the decision of the Baku Court of Appeal," said Elchin Sadygov, one of Fatullaev advocates.
The cassation appeal demanded immediate release of the journalist and his re-trial on charges of illegal possession of drugs. Besides, Fatullaev demanded payment of compensation for unjustified detention during the inquiry.
However, the state prosecutor Bashir Dzhafarov was against satisfaction of the appeal.
The SC retired for consultations and then rejected the complaint and returned the case to the Baku Court of Appeal.
Advocate Elchin Sadygov named the ruling as "an execution of the political order with the aim to leave the journalist behind bars." In his view, "the court was non-objective at considering the complaint."
According to Sadygov, now Fatullaev's case is returned to the Baku Court of Appeal; and its consideration is indefinitely postponed.
"The Azerbaijani authorities continue to fail their obligations before the Council of Europe. They not only failed to enforce the verdict of the Strasbourg Court about Fatullaev's immediate release, but also ignored the decision of the Committee of Ministers of the Council of Europe of December 7. The Committee called the official Baku to fully enforce the decision of the ECtHR. According to the rules of the Council of Europe, after an unjustified refusal of the local SC to fully enforce the decision of the ECtHR, the Committee of Ministers may demand, within one month, to apply an alternative punishment for Fatullaev, other than custody," said Sadygov.
The press service of the SC refused to comment on the today's decision on Fatullaev's case and the statement of his advocate about the Supreme Court's violation of the requirements of the Council of Europe, saying that they had "nothing to add to the judge's decision."
Source: Caucasian Knot
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