Courts in January 2020

COURTS IN JANUARY 2020

7 January

The trial on the attempt on the head of Ganja

                               Yunis Safarov                                             Elmar Valiyev

A trial has begun in the Baku City Sabunchi District Court on the person accused of attempting to assassinate the former head of the executive branch of Ganja, Elmar Valiyev, Yunis Safarov and 11 others. The case is being examined by the Ganja Serious Crimes Court, chaired by Muhammad Bagirov.

According to the prosecution, Yunis Safarov, being a representative of foreign radical religious circles, committed a pre-planned attack on 3 July 2018 in the city of Ganja against the head of the city’s executive branch and a police officer.

He and other persons involved in the case are accused of terrorism with the aim of forcibly changing the constitutional system of Azerbaijan and creating a Sharia state, creating illegal armed groups, illegal possession of weapons, attempted murder of police officers with aggravating circumstances and statesmen with the aim of revenge, anti-state calls and other serious crimes.

Yunis Safarov indicated that after his arrest he was never allowed to meet with family members and contact them by telephone. Further, spoke Famil Shukurov, the lawyer of the accused Jeyhun Qurbanov.

“During the investigation, I applied for verification of correspondence from Jeyhun Qurbanov’s mobile phone. The prosecution claims that Jeyhun transmitted information to Safarov from this phone, but our request was not approved,” the lawyer said.

The lawyer also noted that his client has suffered from epilepsy since childhood and that he had convulsions during his stay in custody 7-8 times. He requested a medical examination.

Another lawyer, Fariz Namazly, protested that the defendants were handcuffed in the courtroom, pointing out that this was not necessary. The defendants themselves also demanded to remove the handcuffs from them.

The accused Hamlet Abdullayev stated that the first group is disabled from birth.

“It’s hard for us to breathe in the hall. At least take off the handcuffs from Jeyhun and me. Both of us have a sore heart,” Abdullayev said.

The accused Firudin Zeynalov asked the judge why the process was conducted not in Ganja, but in Baku.

State Prosecutor Parviz Mirgashimov opposed the removal of handcuffs, noting that the defendants had committed serious crimes and could cause bodily harm.

Lawyers also requested that the case be returned to the preliminary investigation due to gross violations of the law during the investigation, a change in the preventive measure and the release of the accused during the trial. The court adjourned until 8 January.

 

8 January

Yunis Safarov, accused of the assassination attempt against the Ganja Mayor, has turned down a state lawyer

Yunis Safarov

On 8 January, the Baku City Sabunchi District Court continued the preparatory hearing in the case of Yunis Safarov, who is charged with attempted assassination of the mayor of Ganja, Elmar Valiyev, and 11 others.

The case is being examined by the Ganja Serious Crimes Court, chaired by Muhammad Bagirov.

At the meeting, lawyers petitioned to return the case to the preliminary investigation, to conduct audio and video recording of the process, to change the preventive measure for prisoners, to appoint a second examination to check complaints of torture, etc.

Most of the applications were dismissed. Some will be examined during the substantive hearings. At the same time, the presiding judge granted the request for the handcuffs to be removed from the accused during the trial.

The defendants are protected by about 20 lawyers, most of them appointed by the state.

At a meeting on 7 January, Safarov refused a state lawyer and requested that lawyer Elchin Sadigov, who had previously been removed by the prosecutor’s office, be returned to him. However, the court did not approve Safarov’s request and decided to provide him with a state lawyer. To this, Safarov replied that he was refusing other lawyers except Sadigov.

The hearing is essentially scheduled for 16 January.

Family members of the accused are not happy with the progress of the process. Asif Allahverdiyev’s mother in protest against the violation of her son’s rights announced her intention to self-immolate.

And the lawyer Sadigov told reporters that he would file a complaint against the court’s decision on his non-admission to Safarov’s defense.

 

 

14 January

The first trial regarding the “Ganja case” began at the Supreme Court

Supreme Court of Azerbaijan

On 16 January, the trial in the case of the accused of attempted assassination of the head of Ganja Elmar Valiyev continued in the Sabunchi District Court in Baku City.  There are 12 accused, including Yunis Safarov, who directly tried to shoot Valiyev on 3 July 2018. The case is being examined by the judges of the Ganja Serious Crimes Court.

At the beginning of the trial, the mother of the accused, Mahira Azizova, protested against not providing her son with an interpreter.  In response, Judge Natiq Aliyev ordered her to leave the court hall. This caused dissatisfaction with the relatives of the accused. In response, the main person involved in the case, Yunis Safarov, urged the audience to leave the hall. After the protests, the mother of the accused Azizova was returned to the hall.

Azizova asked with dissatisfaction why the question of a translator became a “big problem”:

“I speak my native language, but I studied in the Russian sector. I don’t understand why this turns into a big problem.”

It was further announced that lawyer Bakhtiyar Hajiyev had joined in defending Safarov’s rights.

In turn, the accused Firudin Zeynalov refused the lawyer appointed by the state. He asked the court to allow media representatives to conduct video and audio recordings of the process. However, the application was rejected.

The accused Jafarov Zalov also refused the state-appointed lawyer Yegana Mammadova. Yunis Safarov further protested against the rejection of the application for video and audio recordings.

“In Azerbaijan over the past 30 years, no one has tried to kill an official. Our people are interested in this issue,” Safarov said.

However, the judge did not let him finish, and disconnected the microphone.

Further, the lawyer Elmar Agayev appointed by the state to Safarov refused to participate in the trial. Safarov further stated that for a year and a half he was not allowed to talk on the phone and see family members.

“If my rights are not guaranteed, then how can we talk about the justice of the court,” Safarov said.

The lawyer of the accused Zalov, Ilqar Rustamov, stated that his client and the other accused refuse the lawyers appointed by him by the state, but the court does not accept this. He protested the trial.

Further, lawyer Javad Javadov, on behalf of other defenders, challenged the composition of the court. The process will continue on 17 February.