Center for Civil Society International ([email protected])
Mon, 22 Feb 1999 16:51:13 -0800 (PST)
The following story, edited and abbreviated by CCSI, was received in the
electronic Azerbaijan Bulletin (number 29, 18 Feb 99) of the Azerbaijan
National Democracy Foundation (ANDF).
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On February 17, 1999, the trial of 15 detained at a demonstration of the
SIDSUH [Movement for Electoral Reform and Democratic Elections] held on
November 8, 1998, was concluded by an unjust sentence at the Sabunchu
district court of Baku. They were charged with "insulting the honor and
dignity of the president" under Article 188-6 of the Criminal Code of the
Republic.
Among the sentenced was Adalat Mammadov, [former president] Elchibey`s
nephew, who was charged additionally under Article 220-2 (illegal
possession of guns) of the Criminal Code.
The last day of this trial opened at 3 PM on Feb. 17 and concluded in ten
minutes with the reading of sentences. These were as follows.
1. Adalat Mammadov (Popular Front): three years of imprisonment.
2. Qalandar Mukhtarli (general secretary of the National Democratic
Party--NDP): two years of imprisonment.
3. Tahir Mammadov (supporter of the Popular Front): eighteen months (18)
of imprisonment.
4. Seimur Mehbaliev (member of the NDP): eighteen months of
imprisonment.
The following individuals each received two years of disciplinary
detention with obligatory work.
5. Ibrahim Khalilov (member of the Popular Front)
6. Yashar Kalantarli (member of the Popular Front and Board of the
ANDF)
7. Elnur Mehbaliev (member of the NDP)
8. Asif Nagiev (independent)
9. Fazil Abdullaiev (independent)
The following individuals each received two years of disciplinary
detention.
10. Amiraga Abbasov (member of the Popular Front, Elchibey`s driver)
11. Aftandil Shahsuvarov (member of the Popular Front)
12. Anar Zeynalli (member of the NDP)
13. Arif Ordukhanov (member of the Popular Front, invalid)
The following individuals received "two years of reformatory work by
paying 20 percent of their salaries to the state."
14. Mail Abbasov (independent)
15. Mugabil Mammadov (member of the Musavat party)
Some facts about this trial:
First, all the defendants were arrested and charged with Article 188-6
("insulting the honor and dignity of president") during demonstrations and
rallies. However, three months of investigation and 40 days of trial held
under this article were converted into charges under Article 188-3
(violating public security) at the end of the trial.
All the 15 defendants were sentenced under the 188-3 Article. This case
was the first in the history of law; no investigation was conducted and no
witnesses were questioned under this Article.
Second, Article 188-6 was connected directly with the name of Heidar Aliev
[president of Azerbaijan].
Third, Article 188-3 was invoked because it was alleged that public
security was violated during a certain demonstration. This is completely
absurd. After this demonstration the official organs (procurator, ministry
of internal affairs) several times stated on TV and Radio that the
demonstration had been authorized, and there was not any violation of law.
Fourth, regarding the charge under Article 220-2 that alleged Adalat
Mammadov, Elchibey`s relative, kept guns in his home in since 1993 and was
being sought since 1998. This is not true. Because he was the guard of
Abulfaz Elchibey in Kalaki village of Nakhchevan during that period,
Adalat came to Baku in June, 1998, and bought an identification [gun
license?] for himself from the police. He also took part publicly in all
demonstrations until his arrest on November 8, 1998.
ANDF has the right to refer this case to the Court of Cassation [an
appeals court] according to the law. But they will not do so "because of
the dependence [on Aliev] of the courts." According to ANDF, "the entire
Azerbaijani community and political parties agree on the political
motivation of this trial."
All the defendants and representatives of political parties and NGOs
and their relatives stood up and sang the anthem of Azerbaijan during the
reading of the sentence. It was a sign of protest.
"Oh, Azerbaijan! Azerbaijan! We are all ready to be victim on your way!"
''''''''''''''''''''''''''''''''''''''''''''''''''
AZERBAIJAN NATIONAL DEMOCRACY FOUNDATION (ANDF)
370004, BAKU, AZERBAIJAN, 1 A. ALIEV St.
Tel: (+99412) 927456; Fax: (+99412) 927828
E-mail: [email protected]
http://www.turkiye.net/sota/sota.html
Bulletin Editor: ULVI HAKIMOV
Translator: RUHIYYA JAMILLY
Copyright � Azerbaijan National Democracy Foundation (ANDF) 1999.
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