Sabunchi District Court issued a guilty verdict of Aqil Maharramov
Analysis of violation of law during Aqil Maharramov’s judicial proceedings
Sabunchi District Court, Baku
Criminal case № 3(008)-565/2018
March 8, 2018
Judge: Ziya Shirinov
The person who drafted the administrative report (precinct of the 13th Police Department of Sabunchi District of Baku city): Vusal Rashidov
The person against whom the administrative report was drawn up: Aqil Maharramov
Oppositional National Council of Democratic Forces, Popular Front Party of Azerbaijan and Musavat Party declared protest rally in Baku at Mahsul stadium regarding the early elections of the president in Azerbaijan on April 11, 2018. The rally was set for March 10, 2018. In order to obtain permission to hold the rally, the organizers sent a written appeal to the Baku Executive Power in accordance with the law. Having received a positive response, activists of the National Council of Democratic Forces and parties of the Popular Front of Azerbaijan and Musavat began to campaign in social networks.
A few days before the rally, the activists of the Popular Front Party of Azerbaijan, National Council of Democratic Forces and Musavat party were summoned to police stations. According to these activists, police officers demanded from them don’t go to the rally, not to agitate other people, and don’t write statuses in social networks about meeting. This tactic was used by the authorities in 2017, when the National Council of Democratic Forces has organized a number of rallies with slogans “No monarchy”, “No corruption”, “Freedom for political prisoners”, etc.
According to the newspaper “Azadliq”, before a rally on 10 March 2018 was summoned to police stations by a 104 member of the Popular Front Party of Azerbaijan only, 6 of them had been arrested.
On March 5, 2018, Board member of the Popular Front Party of Azerbaijan Aqil Maharramov was summoned to the Criminal Investigation Department police of Sabunchi District of Baku City. On the phone police told him that he’s called into the facts of theft on the territory where the activist lived. Thus, police don’t inform him about real reasons his summoning. The police conducted preventive talks with A.Maharramov and strongly recommended to refrain from agitation , appeals to citizens to take part in the rally on March 10. After it he was released.
On March 7, 2018 about 18.00, Aqil Maharramov was summoned to the Police Department of Sabunchi District again, then he was brought to the 13th Division of the Police Department, where was made a detention report. Case went to Sabunchi District Court of Baku City.
Police officer from the 13th station of Police Department of Sabunchi District Vusal Rashidov indicated that he passes on the Youth street in Sabunchi district and saw a man who behaved “suspiciously”. He approached him and demanded documents. But according to V. Rashidov, A. Maharramov refused to obey of police and then he was taken to the Police Department, where the precinct drew up a report on the detention of A. Maharramov and submitted it to the chief. But A. Maharramov refused to testify and sign the report. In court, A. Maharramov said that his arrest was related with his activities in the opposition party and the upcoming rally. He showed that had not committed any offence or illegal act.
On March 08, 2018 Sabunchi District Court of Baku City had ordered Aqil Maharramov on the guilt with an offence under article 535.1. (insubordination to legal demands of police) of the Code of Administrative Offences of the Azerbaijan Republic and sentenced him to 15 days of administrative arrest.
Commentary by an expert lawyer:
The court decision is unlawful and groundless. The precinct didn’t explain during trial what exactly he saw suspicious in the behavior of Aqil Maharramov. The court didn’t clarify what the specific demands submitted by the police to A. Maharramov are legitimate and which not. The court didn’t take into account the testimony of A. Maharramov that he had previously been summoned to the police station. The court ruled only on the basis of the report of police.
According to article 51.2. of the code of Administrative Offences Code of the Azerbaijan Republics when sentencing takes into account the nature of the offence, the personality of the perpetrator, the property status, as well as circumstances mitigating and aggravating.
In their ruling the court indicated that “during the trial court had not found extenuating circumstances A. Maharramov”. In that connection it should be noted that A. Maharramov is a Member of the Board of the oppositional Popular Front Party of Azerbaijan, he is known in society as an opposition activist, has custody two young children. However, the court disregarded these facts, suggesting that the court was biased against A. Magerramov and did not conduct any judicial investigation in reality.
In April 2002, Azerbaijan ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms. Since then, the country has made commitments to respect the rights and freedoms under the European Convention.
According to article 5 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, everyone has the right to liberty and security of person. No one shall be deprived of his or her liberty except in the cases and in the manner prescribed by law. A. Maharramov was arrested two days before the rally. The purpose of his arrest was to prevent him activity to call citizens to participate in the rally-protest and prevent his own participation in the March 10 rally. The arrest had been no any legitimate aim under national and international law.
Article 18 of the European Convention for the Protection of Human Rights and Fundamental Freedoms states: “The restrictions permitted under this Convention to the said rights
and freedoms shall not be applied for any purpose other than
those for which they have been prescribed.” Deprivation of liberty of A. Maharramov was aimed described above.
Regarding the detained activist was violated of article 25 of the Constitution of Azerbaijan Republic. According to this article:
I. All people are equal with respect to the law and law court.
III. The state guarantees equality of rights and liberties of everyone, irrespective of
race, nationality, religion, language, sex, origin, financial position, occupation,
political convictions, membership in political parties, trade unions and other
public organizations. Rights and liberties of a person, citizen cannot be restricted
due to race, nationality, religion, language, sex, origin, conviction, political and
social belonging.
Article 54 of the Constitution of the Azerbaijan Republic was also violated. It states:
I. Citizens of the Azerbaijan Republic have the right to take part in political life of
society and state without restrictions
The court also violated article 60 of the Constitution, which guarantees every citizen the protection of his rights and freedoms in court.
In Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms indicates the prohibition of discrimination. It states: “The enjoyment of the rights and freedoms set forth in this
Convention shall be secured without discrimination on any ground
such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status.”
Judge of Sabunchi District Court of Baku City Ziya Shirinov has grossly violated the Constitution of Azerbaijan Republic and international law and sentenced Aqil Maharramov to 15 days of administrative arrest for his political beliefs and belonging to opposition party.