The court rejected the appeal of Afgan Mukhtarly
2017 August 21 ( Monday ) 14:22:57
Baku/21.08.17/Turan: On August 21 the Court of Appeal chaired by Sahibkhan Mirzoyev considered the case of the arrested journalist Afgan Mukhtarli. He appealed the prohibition of the Sabunchu court, which does not allow him to meet with relatives and trusted people.
Mukhtaply was kidnapped in Tbilisi on May 29 and brought to Azerbaijan, where he was charged under three Articles of the Criminal Code: 315 (resistance to a representative of the government with the use of force), 318.1 (illegal border crossing and 2061 (smuggling.) Afgan Mukhtarli refuted the charges saying that his arrest is a political order. Lawyer Elchin Sadigov on his Facebook page said that the judges in every way challenged the right of Mukhtarly's agents to represent his legitimate interests.
The court also noted that the relatives cannot entrust other people to their meetings.
All this caused a protest of protection.
"We noted that the court in advance announces its decision and protested the judiciary. The petition was not granted. We asked to send a request to the Constitutional Court.
The law states that a detainee can talk on the phone with people who represent his legitimate interest and meet. We noted that not only in civil cases, but also in relation to all detainees, those who protect their rights can be considered persons representing their legitimate interests," said the lawyer.
The defense petitioned to bring to trial the persons in charge of the Baku Pre-Trial Center. However, the petition was not granted. Thus, the decision of the Sabunchu court was upheld.
Then, in the Baku Court of Appeal, under the chairmanship of Judge Hasan Ahmadov, the complaint of lawyer Elchin Sadigov was refused on his refusal to meet with Afghan Mukhtarli on June 5, 2017. The court did not grant the motion, leaving the decision in force. The lawyer intends to file a complaint with the European Court against both decisions. Touching upon the health of his client, he said that he has a high level of sugar in his blood. Nevertheless, no conditions for his treatment have been created, the lawyer said. -03B-