2017 November 07 ( Tuesday ) 18:26:43
- The park named after Heydar Aliyev opens in the city of Grozny
- The Paris court does not accept the suit of Azerbaijan against the French journalists
- Defense Minister to visit Brussels
- The court did not change the measure of restraint for Gezal Bayramli
- M.Aliyev asks Prosecutor General to present resolution on termination of criminal case
- The court takes into consideration the case of Giyas Ibrahimov and his father
- The Supreme Court reduced the term of imprisonment of a journalist
Baku / 06.11.17 /Turan: A park named after former Azerbaijani President Heydar Aliyevwill open in the city of Grozny until the end of this year, Tass reports. The Mayor of the Chechen capital Muslim Khuchiev said that construction is being carried out within the framework of the priority project "Formation of a modern urban environment".
The park is located on the territory of about 10.000 square meters. Its main adornment will be two Maiden towers - the symbols of Baku. -02D-
Baku / 07.11.17 / Turan: The French court refused to examine the essence of the lawsuit of the Azerbaijani state against two journalists of the France-2 television channel, who called the regime in the country "a dictatorship."
The reason for the filing of the claim was the broadcast, which aired on September 7, 2015 on the behind-the-scenes side of the trips of former French President Francois Hollande and about the connections of French politicians with the authorities of Azerbaijan and Kazakhstan.
In the program, the Azerbaijani government was represented as "one of the hardest dictatorships in the world". In September, a preliminary hearing was held on the suit. Today, the Paris court found the claim not acceptable. -06D--
Baku / 07.11.17 / Turan: Azerbaijani Defense Minister Zakir Hasanov will pay a visit to Brussels to attend the meeting of the heads of the military departments of the countries involved in the NATO operation "Strong Support" in Afghanistan on November 9. Hasanov will address the meeting on the contribution of Azerbaijan to the international peacekeeping operation in Afghanistan and bilateral cooperation with that country in the field of defense and security, Defense Ministry's press service reported.-03D-
Baku / 07.11.17 / Turan: On Tuesday, in the Nasimi district court of Baku, under the chairmanship of Babek Panahov considered the application on the release of the deputy chairman of the Popular front party Gezal Bayramli under house arrest. The court rejected the petition, Turan lawyer Asabali Mustafayev said. The defense will file an appeal against the court's decision, the lawyer said.
* Bayramli was detained on May 25 on his return from Georgia. She was planted 12 thousand dollars and a lawsuit wa filed aginst her under the Article 206.1 (smuggling). Bayramli was recognized as a human rights organization by a political prisoner. -03C06--
Baku / 07.11.17 / Turan: Director of the Turan news agency MehmanAliyev sent a statement to Prosecutor General ZakirGaralov asking him to ensure his right to receive a copy of the resolution on the termination of criminal proceedings and acquaintance with the materials of the criminal case.The appeal was sent after the Ministries of Taxes and Prosecutor's Office refused to the legal right to acquaintance with the decision on the termination of the criminal case and the materials of the investigation.
"Once again I declare that I have not committed any crime and the case must be terminated on the basis of the absence of corpus delicti.However, until now the decision and materials of the criminal case have not been presented to me and my lawyer, which creates difficulties for my defense and subsequent lawsuits (complaints, etc.).
In the investigation department of the Department of Investigation of Tax Crime reported that a criminal case cannot be granted, since it is in the prosecutor's office.
In this regard, I ask you to provide a copy of the decision to terminate the criminal proceedings and ensure my right to familiarize myself with the case materials,"the appeal says.
On November 2, director of the Turan news agency MehmanAliyev was invited to the Prosecutor General's Office to the first deputy prosecutor general RustamUsubov, who handed in an official letter on the termination of the criminal case against him and Turan agency. However, the prosecutor's office did not submit a resolution on the termination of the case, dated October 30.
On November 6, a letter was sent to M.Aliyev signed by Deputy General Director of the Department for Preliminary Investigation of Tax Crimes under the Ministry of Taxes GurbanMehraliyev, which says that the criminal case against the Turan agency was terminated due to the "change in the situation".
In this letter, dated November 2, it is reported that the criminal proceedings against the LLC "Turan News Agency", investigated under the Article 192.2.2 (illegal business with the extraction of large income), 213.1 (tax evasion) and 308.1 (abuse of official powers) was terminated on the basis of Article 40.2.3 (termination of criminal prosecution due to changing circumstances) of the Code of Criminal Procedure of Azerbaijan.
However, the letter does not disclose which particular situation has changed.
At the same time, it is said that a complaint may be lodged with the prosecutor, exercising procedural supervision or judicial supervision.
The essence of Article 40.2.3 (changing the situation) is disclosed in Article 74 of the Criminal Code of Azerbaijan (Exemption from criminal liability in connection with the change in the situation):
"A person who has committed a crime for the first time that does not pose a major public danger or a less serious crime may be released from criminal liability if it is established that, due to a change in the situation, the act committed or the person who committed the act ceased to be socially dangerous."
"Recognition of such a formulation means the confirmation of my commission of a crime. I did not commit a crime, so I cannot agree with such a statement of the termination of the criminal case,"MehmanAliyev said.
It should also be noted that, despite the termination of the criminal case, the decision of the Local Revenue Department of August 7, 2017 on accrual of additional taxes to the agency of 37,000 manats, which served as the initiation of criminal proceedings, was not revoked.
* In May the Local Revenue Department appointed the agency Turan sanctions for 2016 to 5 thousand manats. However, after the administrative complaint of Turan, the higher instance of the Ministry of Taxes canceled this decision on June 30.
Nevertheless, on August 7 the same department counted for 999 manats for 2016, and for 2014 - 2016, the unpaid taxes. - 37 thousand manats. After that, a criminal case was initiated against the agency.
On August 25, director of the agency MehmanAliyev was arrested. However, on September 11, he was released under a written undertaking not to leave the city of Baku.Since September 1, the agency has officially suspended economic and financial activities and cannot resume it until all charges have been withdrawn.-06B-
Baku / 07.11.17 / Turan: A preparatory meeting was held in the Yasamal District Court under the chairmanship of Judge Hasan Safarov on a new criminal case against the now-imprisoned activist of the NİDA movement Giyas Ibrahimov and his father Hasan Ibrahimov.
The court took the case to consideration. Hearings on the merits are scheduled for 15:30 on November 16.
Father and son are charged under Article 289.2 (disrespect for the judge) of the Criminal Code.
The criminal case was initiated in connection with the incident on June 5 of this year in the Baku Court of Appeal. Giyas Ibrahimov, during the state prosecutor's speech, repeatedly pointed to Judge Vugar Mamedov with his hands that he could not hear anything while in a glass cage. However, the judge did not attach any importance to this. Giyas Mammadov, in protest, tore off the microphone that was in the cage. Judicial warders entered the cage and handcuffed Ibrahimov. This was done with the use of violence and there were traces of the defendant's blood on the bench.
The activist's father, Hasan Ibrahimov, who was in the hall, protested, urging the judge to stop it, and exclaiming that there will come a day when this will happen to his children. Judges of the Baku Court of Appeal regarded this as not respect for themselves.However, the defense considers the claims of the judges not justified.
* On May 10, 2016, the members of the NİDA Movement Giyas Ibrahimov and Bayram Mammadov were arrested after writing political slogans on the monument to Heydar Aliyev. However, they were accused of a crime connected with drug trafficking and sentenced to 10 years imprisonment.
Amnesty International has declared both "prisoners of conscience" because it believes that the accusation against them is fabricated.
Representatives of the authorities do not consider them political prisoners, stating that they are punished "for a specific criminal act." - 03B06--
Baku / 07.11.17 / Turan: The Supreme Court on November 7 considered the cassation appeal for imprisonment for 2 years and 6 months of the founder and editor of the site azel.tv Afgan Sadygov.
The lawyer of journalist Elchin Sadigov noted that the court reduced the term of punishment to 1 year 6 months. In turn, the lawyer said that the court's decision was illegal and groundless. The journalist was slandered and asked to acquit his client.
According to the lawyer, the court, in making the decision, changed the Article on which the journalist was accused. Afghan Sadigov was convicted under Article 127.2.3 (deliberate infliction of less serious harm to health from hooligan promptings in a dangerous way.)
The Supreme Court re-qualified the charge for Article 127.1 (causing less serious harm to health, not life-threatening.)
The founder and editor of the site azel.tv Afghan Sadigov was detained on November 22, 2016. He was accused of having hit a woman in the building of the executive power. Sadigov called it a provocation.
On January 12, 2017, the Jalilabad court convicted him of the abovementioned Article of the Criminal Code.
Human rights organizations included his name in the list of political prisoners. Local human rights activists believe that the journalist was arrested for his critical articles about violations of rights in the area. The executive power of the Jalilabad region does not comment and does not respond to court decisions. -0-