Analysis of offenses at the trial of the Nardaran case.


The Baku Court of Appeal, the Criminal Collegium
Case No. 1 (101) -102/2017
July 20, 2017
Presiding Judge:
Amir Bayramov
Judges:
Vugar Mammadov, Aflatun Gasimov
Public Prosecutor: Jeyhun Budagov
Accused: Taleh Bagirov, Abbas Huseynov, Fuad Gahramanly,
Jabbar Jabbarov, Rasim Dzhabrailov, Shamil Abdulaliyev, Zakir Mustafayev,
Jahad Babakishizade, Abbas Guliyev, Ibrahim Khudaverdiyev, Etibar Ismayilov,
Bahruz Guliyev, Ali Nuriyev, Alibala Veliyev, Farhad Balaev, Abbas Tagiyev, Ramin Yaryev, Agil Guliyev

Defenders: Yalchin Imanov, Zibaida Sadigova, Elchin Sadygov, Fariz Namazly, Fakhraddin Mehdiyev, Javad Javadov, Nemet Kerimli
The settlement of Nardaran, which is located 40 km from Baku, has a low standard of living and an acute unemployment problem. One of the mosques revered by the Shiites, founded in the VIII century, is located in Nardaran. Nardaran differs from other Baku villages in its religiosity. In 2000, 2002 and 2006, the villagers conducted peaceful protests with socio-economic demands.

In June 2002, police conducted a military operation in the village, as a result of which 28 people were injured, one died. 23 people were sentenced to various terms of imprisonment on falsified charges of espionage in favor of Iran, an attempt at violent change of power, etc. However, as a result of the active work of human rights defenders, none of the convicts remained in custody after 2005.

November 26, 2015 in Nardaran was another police operation. Armed with automatic weapons, the police entered the village and opened heavy fire. As a result, 6 people were killed, including two police officers. Dozens of citizens were arrested.

The Ministry of Internal Affairs and the General Prosecutor's Office issued a joint statement, in which they explained the use of firearms against villagers as an operation necessary to neutralize a criminal armed group that functioned under a religious cover, planned mass riots, terrorist acts and destabilization of the socio-political situation in the republic.

From July 19, 2016 until January 25, 2017, the trial of 18 accused in the "Nardaran case" was held in the Baku Grave Crimes Court. Among them, the leader of the movement "Muslim Unity" Taleh Bagirov, members of the movement Abbas Huseynov, Rasim Dzhabrailov and others, as well as deputy chairman of the opposition party of the FFA, Fuad Gahramanli, who was accused of anti-state appeals, in calls for mass riots.

During the trial in the court of first instance, all the accused testified that both the policemen and four residents of Nardaran were killed by police officers. Moreover, the inhabitants of the village were crammed to death by the police already after detention.

Seven defendants said that on November 26, 2015, they were injured, and the bullets are still in their bodies….
Members of the movement "Muslim Unity" talked about the cruelest tortures that they were subjected to in the Main Directorate for Combating Organized Crime (GUBOP) of the Ministry of Internal Affairs, gave convincing evidence of gross violation of the legislation of the Azerbaijan Republic, the norms of international law by police officers.

Taleh Bagirov testified that he was beaten and forced to testify against leader of the opposition Popular Front Party of Azerbaijan Ali Keremli and chairman of the National Council of Democratic Forces Jamil Hasanli.
The accused named the names of MIA officers who tortured them.
Among them - the senior operative inspector for especially important cases of the MDCOC Ministry of Internal Affairs
Islam Agabekov, the chief of the MDCOC, Major-General Seyfulla Azimov, the operational officer Shahlar Jafarov (this name was called by all the accused), the head of the anti-terrorist center MDCOC Kerim Alimardanov (this name was also called by all the accused).

During the trial in the Baku Grave Crimes Court, the accused refused the primary testimony given during the investigation, indicating that they had testified under torture.
Accused Abbas Guliyev in the court of first instance showed that he was systematically beaten by the employees of the MDCOC, he twice tried to commit suicide: the first time was an attempt to hang himself, the second one was to open his veins.
Etibar Huseynov as a result of beatings broke three teeth. Ibrahim Khudaverdiyev showed that he does not know how to read and write in Latin script, he confessed the confessions by deceit.
Jabbar Jabbarov showed that MDCOC employees
Kerim Alimardanov, Shahlar Jafarov and Ibrahim Kazimov, nicknamed "Shrek", tortured him. He showed that in his house, in which the police broke in, there was no weapon, no one fired from the house. Only the police shot.
Agil Ismaylov showed that he suffers from astigmatism and cranial-cerebral pressure, for this reason he did not serve in the ranks of the national army, he never saw weapons and does not know how to use it. Worked as a barber. On Internet he saw Taleh Bagirov's speeches and wanted to see him personally. Therefore, he came to Nardaran for an event in which Bagirov participated.
Separately, it is necessary to describe the hall of the meeting in which the trial took place in the Baku Grave Crimes Court.
In the hall, approximately 50-60 people were always attended by members of the special task force and the entire staff of the court supervisors. Before the beginning of the process, all visitors were carefully examined by a metal detector, the contents of ladies' bags, identity cards of those present were checked, and the phones were withdrawn. Similarly, a trial was organized in the Baku Court of Appeal.
On January 25, 2017, the Baku Grave Crimes Court (presiding
Alovsat Abbasov, judges Eldar Mikailov, Mahmud Agalarov) recognized all the accused as guilty of committing the following crimes:
· Taleh Bagirov: Article 120.2.1 - murder committed by a group of persons, by a group of persons by prior conspiracy, by an organized group or criminal community (criminal organization); 120.2.3 - killing of the victim or his relatives in connection with the performance of this person's official activity or public duty; 120.2.4 - murder committed with special cruelty or in a generally dangerous manner; 120.2.7 - killing of two or more persons; 120.2.12 - murder by motive of national, racial, religious hatred or enmity;
29, 120.2.3 - an attempt to kill the victim or his relatives in connection with the performance of this person's official activity or the performance of public debt; 29, 120.2.4 - attempted murder committed with particular cruelty or in a generally dangerous manner;29, 120.2.7 - attempted murder of two or more persons; 29, 120.2.12 - attempted murder based on the motive of national, racial, religious hatred or enmity;28, 214.2.1 - the preparation of terrorism by a group of persons by prior agreement, an organized group or a criminal association (criminal organization); 28, 214.2.3 - an attempt of terrorism with the use of firearms and items used as weapons;
214-2 - public calls for terrorism; 220.2 - calls for active disobedience to legitimate demands of government officials and to riots, as well as calls for violence against citizens; 228.3 - illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, accessories to it, ammunition (except smooth-bore hunting weapons and ammunition), explosives or explosive devices committed by an organized group;
228.4 - illegal acquisition, sale or carrying of gas weapons, cold steel, including cold throwing weapons, with the exception of those areas where the wearing of cold steel is part of the national costume or associated with hunting;
278 - forcible seizure of power or forcible retention of power;

279.1 - creation of armed groups or groups
not provided for by the legislation of the Azerbaijan Republic, as well as participation in their creation and activities, supplying them with weapons, ammunition, explosives, military equipment;

281.2 - public appeals directed against the state, committed repeatedly or by a group of persons;

283.2.3 - actions aimed at inciting national, racial, social or religious hatred and enmity, humiliation of national dignity, as well as actions aimed at limiting the rights of citizens, or the establishment of superiority of citizens on the basis of their national or racial, social belonging, attitude to religion, if these acts were committed publicly, including using the media, committed by an organized group ;

315.2 - resistance to the representative of the authority performing his official duties, with the use of violence of the Criminal Code of the Azerbaijan Republic (CC AR );

· Abbas Huseynov - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 233; 278; 279.1; 281.2; 283.2.3 и 315.2 CC АR;
·
Jabbar Jabbarov - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC АR;
·
Rasim Dzhabrailov - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC АR;
·
Agil Ismayilov - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC АR;
·
Bahruz Askerov - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC АR;
·
Ali Nuriyev - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Alibaba Veliyev - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Etibar Ismayilov - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Shamil Abdulaliyev - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Jahad Babakishizadeh- 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Abbas Guliyev - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Abbas Tagizadeh - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Farhad Balaev- 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Zakir Mustafayev - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Ibrahim Khudaverdiyev -120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Ramin Yaryev - 120.2.1; 120.2.3; 120.2.4; 120.2.7; 120.2.12; 29, 120.2.1; 29, 120.2.3; 29, 120.2.4; 29, 120.2.7; 29, 120.2.12; 28, 214.2.1; 28, 214.2.3; 214-2; 220.2; 228.3; 228.4; 278; 279.1; 281.2; 283.2.3 и 315.2 CC AR;
·
Fuad Gahramanli - articles 220.2; 281.2 and 283.2.1 (actions aimed at inciting national, racial, social or religious hatred and enmity, humiliation of national dignity, as well as actions aimed at limiting the rights of citizens, or the establishment of superiority of citizens on the basis of their national or racial, social belonging, attitude to religion, if these acts are committed in public, including using the media) CC AR.
O
n January 25, 2017 the Baku Grave Crimes Court sentenced the defendants to the following terms of imprisonment:
-Taleh Bagirov - to 20 years of imprisonment, 7 years from which he will hold in Gobustan closed prison, the rest of the punishment in a strict regime colony;
- Abbas Huseynov - to 20 years of imprisonment, 7 years of which he will hold in Gobustan closed prison, the rest of the punishment in a strict regime colony;
- Jabbar Jabbarov - to 19 years of imprisonment, 5 years of which he will hold in Gobustan closed prison, the rest of the punishment in a strict regime colony;
- Rasim Dzhabrailov - to 17 years imprisonment in a strict regime colony;
- Agil Ismayilov - to 14 years and 6 months imprisonment in a strict regime colony;
- Bakhraz Askerov - to 14 years and 6 months imprisonment in a strict regime colony;
- Ali Nuriyev - to 14 years and 6 months imprisonment in a strict regime colony;
- Alibaba Veliyev - to 14 years of imprisonment in a strict regime colony;
- Etibar Ismayilov - to 14 years and 6 months of imprisonment in a strict regime colony;
- Shamil Abdulaliyev - to 14 years and 6 months imprisonment in a strict regime colony;
- Jahad Babakishizadeh - to 14 years of imprisonment in a strict regime colony;
- Abbas Guliyev - to 14 years and 6 months of imprisonment in a strict regime colony;
- Abbas Tagizade - to 14 years and 6 months imprisonment in a strict regime colony;
- Farhad Balaev - at 14 years and 6 months in prison in a strict regime prison;
- Zakir Mustafayev - to 14 years of imprisonment in a strict regime colony;
- Ibrahim Khudaverdiev - to 14 years and 6 months imprisonment in a strict regime colony;
- Ramin Yaryev - to 10 years of imprisonment in a general regime colony;
- Fuad Gahramanly - to 10 years in prison in a general regime colony.
The defense and the defendants did not agree with the verdict and filed an appeal. In the appeal, the defense asked the court: to make an acquittal in respect of all the accused. In the appeal, the defense also asked for a specific definition to the employees of the MDCOC Ministry of Internal Affairs Kerim Alimardanov, Shahlar Jafarov, Islam Agabekov, Ibrahim Kazimov, who tortured the accused; to recognize the violation of article 3 (prohibition of torture and inhuman treatment) and article 6 (2) (right to presumption of innocence) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and also to make a special definition in respect of persons who physically and psychologically exerted pressure on witnesses - the head of the MDCOC department  of the Ministry of Internal Affairs - Kerim Alimardanov, the operative of the MDCOC Islam Agabekov, the head of the Police Department of Sabunchu district of Baku, Eldar Ilyasov, his deputy Shaig Aliyev, the head of the 42nd police department of the Sabunchu district police department Tarhan Akhmedov. In the appeal, the defense also asked for a special ruling regarding the head of the press service of the General Prosecutor's Office Eldar Sultanov, former head of the Ministry of Internal Affairs  press service Sadik Gezalov for violating the presumption of innocence in a joint statement of the General Prosecutor's Office and the Ministry of Internal Affairs about the operation in the settlement of Nardaran, in which the accused were called criminals before the sentencing.

At the preparatory meeting in the Baku Court of Appeal, lawyers stated that they filed observations on the protocols of the court of first instance. For this reason, the meeting was postponed. The next meeting began with the filing of motions of the defense. The first petition concerned changing the measure of restraint in the form of arrest on alternative measures not related to the arrest. Then the defense appealed to the court with a request that the defendants be seated next to lawyers for more effective exercise of the right to defense. However, both applications were rejected by the court.

The judicial board examined the case without conducting a judicial investigation. The defense made a speech in which it pointed out the massive violations of national and international legislation. Then the accused was given the floor.

The presiding judge told the accused that they can only supplement the speeches of their lawyers, speak only in essence and nothing superfluous. This caused outrage and stormy protest of the accused. They asked for time for speeches. The presiding judge agreed. However, as soon as Taleh Bagirov and other accused in their speeches touched upon the political side of the matter, the judge stopped the speech. Defendant Fuad Gahramanli said that the law does not limit the accused in the speech. Despite protests from the accused, the judge did not give them the opportunity to speak out. As a token of protest, the defendants cast a plastic bottle and bottled water from the judicial board and the prosecutor. The room included employees of the special forces.

The presiding judge suspended the meeting. All those present were urgently removed from the hall.
On the same day, July 20, 2017, without the presence of the accused and lawyers, a court decision was announced. The Judicial Board did not satisfy appeal appeals and upheld the verdict of the Baku Grave Crimes Court of January 25, 2017.

Before the transfer of Taleh Bagirov and Abbas Huseynov to the Gobustan prison, they were placed in a punishment cell in the Baku Investigative Isolator.

After their transfer to the Gobustan prison, they were both immediately put in a punishment cell for 7 days, where they were beaten by prison officers. They were not allowed to meet with lawyers and  family members. They were not allowed to use the phone. Relatives of beaten convicts told the press that the condition of T. Bagirov and A. Huseynov was serious. On the morning of August 6, 2017, relatives and friends of beaten convicts held a protest near Gobustan prison.They met with the head of the Penitentiary Service of the Ministry of Justice, Jeyhun Hasanov, who promised that T. Bagirov would call home in the evening. On August 7, Bagirov's wife Leyla Ismailzade confirmed that her husband had actually called home that evening and said that now his condition was satisfactory, and Abbas Huseynov's condition was grave.

The lawyer was able to meet with Abbas Huseynov only on August 8, 2017, a few days after the beating. Huseynov told a lawyer that he was beaten and tortured personally by the head of the Gobustan prison Aftandil Agayev, his deputy Emin Jafarov, employees of prison Ilkin Akhundov, Namig Agayev, and Rovshan and Igbal, whose surnames he does not know.

He said that he was placed for 7 days in a punishment cell in the Baku Investigative Isolator after the incident in the Baku Appeals Court on July 20, 2017. Two days later, on July 22, 2017, he was transferred to the Gobustan prison together with another convicted Jabbar Jabbarov: "After the day's prayer, we were brought to Gobustan. Before I could say hello, Jabbar and I were handcuffed by handcuffs from the back and, laying down on the floor, they began to drag on the floor. Me, Jabbar and some other prisoner was there. We were put face to the wall and on such a hot day we held our face to the wall. When I announced our rights, they answered "This is Gobustan". Then a prison officer named Rovshan said: "This one says a lot, explain to him." Another officer Akhundov Ilvin Ruslan oglu struck me with blows on his back with a truncheon. After being beaten with a truncheon, I was put in a punishment cell. "

According to A.Huseynov, despite the fact that the term of his stay in the punishment cell ended on July 25, he was held there until July 29. "There are terrible conditions in the punishment cell, everywhere worms run, they even in the toilet from top to bottom, there is a terrible unsanitary condition, the sheet is black from dirt. I asked the supervisor to bring a small piece of clean paper for prayer, but they refused me. " Abbas Huseynov told a lawyer that on July 25, Major Namig Guliyev, a prison officer, beat him with his fists in the abdomen and jaw: "… the truncheon is an inseparable friend of the prisoner,"- said major  . As Huseynov said, he told the major that he would complain about his illegal actions, to which major N. Guliyev replied: "Wherever you want, go and complain." "They drafted an act that I allegedly insulted the prison staff,"- Huseynov told a lawyer.

Commentary of an expert lawyer:

The judgment of the Baku Court of Appeal is illegal and unreasonable. Preliminary and judicial investigation was conducted with total gross violations of national and international legislation. All the accused were subjected to psychological and physical torture. At the time of detention, Ramin Yaryev was a minor. During his interrogation, his legal representatives were not present, which contradicts the relevant norm of the Criminal Procedural Code   of  the Azerbaijan Republic (CPC AR).

In accordance with the requirements of Article 432.5 of CPC AR, in interrogation of a minor suspect, an accused who has not reached the age of sixteen years or who has reached this age but who suffers from a mental disorder or is lagging behind in mental development, the participation of a teacher or psychologist is compulsory.

The teacher or psychologist has the right, with the permission of the prosecutor, the investigator, the inquirer, to ask questions to the minor suspect, the accused, and upon completion of the interrogation, to get acquainted with the protocol of interrogation and make written comments on the correctness and completeness of the records made in it. In some cases, without the invitation of a specialist, the investigator will not be able to choose the right tactics for interrogation. Wrongly chosen depending on the type of personality of a teenager, a hard or complacent tone can have a negative impact on the whole process of investigation in the future, since the first contact is often the basis for future interaction with the adolescent.

Article 429 of the CPC AR  specifies the circumstances to be determined at the time of proceedings against juveniles:
429.0. During the proceedings against juveniles, in addition to the circumstances to be determined for the committed crime, the following shall be established:
429.0.1. the age of the minor (year, month, date of birth);
429.0.2. conditions of life and upbringing of a minor;
429.0.3. level of physical, intellectual and mental development of a minor;
429.0.4. in the presence of other participants in a crime committed by a minor, the possibility of separating the proceedings in a criminal case against him.
R. Yaryev in the court showed that he was tortured to obtain confessions, although according to Article 432.4.2.  CPC AR  a minor suspect or accused has the right to refuse to testify.

Ramin Yaryev could not read and write, his family was not informed about his detention for several days, he was chosen by a lawyer at the expense of the state, whose participation in investigative actions was of a formal nature.

All the accused gave testimony during the investigation under torture. The courts took into account the confessions of the defendants given during the investigation. They did not investigate the reasons for the contradiction in the testimonies of the accused at the investigation and at the court and took as a basis the primary testimony.

According to Article 33.1. CPC AR, "judges in the implementation of criminal proceedings assess the evidence collected in a criminal case, on the basis of the requirements of this Code." Article 125 of the CPC : "125.2. It is inadmissible to accept in the form of evidence in the criminal case information, documents and things received:

125.2.1. with the deprivation or restriction of participants in the criminal process of their rights guaranteed by law, in violation of the constitutional rights and freedoms of a person and citizen or other requirements of this Code, which should or may affect the validity of these evidence;

125.2.2. with the use of violence, threat, deceit, torture and other cruel, inhuman or degrading acts. "
In relation to Fuad Gahramanly, the deputy of the chairman of the Popular Front Party of Azerbaijan, article 10 (1) of the European Convention on the Protection of Human Rights and Fundamental Freedoms was violated, according to which everyone has the right to freely express their opinion. This right includes freedom to hold opinions and to receive and impart information and ideas without interference by public authorities and regardless of frontiers. Recall that Fuad Gahramanli was arrested because of the status published in the social network Facebook, in which he expressed his attitude to the events in Nardaran. He is a politician and political scientist and regularly expresses his opinion in connection with the events taking place in the country.

Article 10.1. of the CPC AR  say: "Courts and participants in criminal proceedings must strictly observe the provisions of the Constitution of the Republic of Azerbaijan, this Code, other laws of the Republic of Azerbaijan, as well as international treaties with the participation of the Republic of Azerbaijan".

Wounded during a police operation on November 26, 2015, Bahruz Asgarov, Jahad Babakishizade, Shamil Abdulaliyev were not provided with medical assistance, bullets were left in their bodies during the investigation, during the trials, and after. No medical assistance was provided after torture to all those under investigation. Only Fuad Gahramanli was not subjected to physical torture. He was subjected to psychological pressure.

The European Prison Rules say that the supervision of the physical and mental health of prisoners is entrusted to a doctor who examines all sick prisoners in conditions and with the frequency prescribed by hospital norms, also examines all those who claim a disease or injury and those who require special attention (paragraph 30.1.).

In the case of the persons under investigation in the "Nardaran case", all of them were injured during detention. This is confirmed by the findings of forensic medical examination. So, on the basis of the expert's opinion of December 14, 2015, Taleh Bagirov had injuries on the forehead, left temple, bruises under both eyes, broken bleeding upper lip, swelling of the nose, neck, back shoulder, left leg, left wrist bruising and others.

According to the conclusion of the forensic medical examination of November 30, 2015, damages were confirmed on the body of Abbas Huseynov. According to the November 27, 2015 report, damages were confirmed on the body of Rasim Dzhabrailov, Bakhruz Askerov, Jahad Babakishizadeh, Shamil Abdullayev. According to the conclusion of November 30, 2015 - damage to the body of Alibaba Veliyev, Ali Nuriyev, Agil Ismayilov, Abbas Guliyev. According to the conclusion of December 8, 2015 - damage to the body of Jabbar Jabbarov, minor Ramin Yaryev, Etibar Ismayilov. According to the conclusion of 10 December 2015 - damage to the body of Ibrahim Khudaverdiyev, according to the conclusion of December 11, 2015 - injuries on the body of Abbas Tagizade, Farhad Balaev. During the trial in the court of first instance, the defense filed a second petition that all the defendants during the detention in the MDCOC of the MIA were tortured, which was satisfied by the court.

The right of the defense and the statements of the defendants was confirmed by the forensic report of August 26, 2016, which also listed the injuries of the defendants who were inflicted during their detention.

All detainees in the village of Nardaran on November 26, 2015 were thrown into trucks to transport furniture. Those who died from bullet wounds or from beatings remained in cars along with the wounded. The corpses and wounded lay on top of each other, their blood mixed, which was confirmed by the conclusion of a comprehensive forensic examination of May 3, 2016.

According to Article 12.1. of  CPC AR, the bodies conducting the criminal process are obliged to ensure observance of the rights and freedoms of a person and citizen enshrined in the Constitution for all persons participating in the criminal process. In Article 12.5. of CPC AR says: "It is prohibited to use in the course of criminal prosecution ways and means that endanger the life and health of people or the environment." According to Article 13.1. of CPC AR prohibits the adoption of decisions or the admission of actions that affect the honor and dignity of a person, humiliate or insult him or may endanger the life and health of persons participating in criminal proceedings. According to Article 13.2.1. of CPC ARan: "In the course of criminal proceedings no one shall be subjected to treatment and punishment that degrades human dignity".
All the listed articles of the Criminal Procedure  Code were grossly violated during the detention, during the investigation and the trial of the Nardaran case. During the detention and preliminary investigation, the principle of inviolability of the person was violated. So, according to Article 15.2. of CPC AR prohibits:
15.2.1. torture, the use of physical and mental violence, including medical drugs, exposure to hunger, hypnosis, denial of medical care, the use of other cruel, inhuman or degrading treatment or punishment;
......
15.2.3. receipt of testimony from the victim, suspect or accused, as well as other persons participating in the criminal proceedings by means of violence, threat, deception and with the use of other unlawful actions that violate their rights.

Torture and inhuman treatment are prohibited by Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article says: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

All articles of the European Convention have exceptions and limitations, except for Article 3. Under no circumstances the use of torture can be justified.

Numerous precedents of the European Court of Human Rights prohibit torture and inhuman treatment and blame the state for this. The Court considers it necessary to emphasize that the State is responsible for every person in custody, since the latter, being in the hands of public servants, is vulnerable, and the authorities must protect it (Judgment of the European Court in the case of Gorodnichev against Russia of May 24, 2007).

http://echr.ru/documents/doc/2465023/2465023-001.htm
http://www.bailii.org/eu/cases/ECHR/2007/1210.html 

An analysis of the trial showed that neither during the trial in the Baku Grave Crimes Court nor in the Baku Court of Appeal, which lasted only one day-July 20, 2017 and conducted without judicial investigation, was not proved the guilt of the accused in those grave crimes that they were presented and for which they were given such long terms of imprisonment.

In the trials of Taleh Bagirov and other 17 defendants, numerous evidence was given of the use of torture and inhuman treatment against all defendants who were and are systematic character, and continue after sentencing in custody.

Taleh Bagirov
Fuad Gahramanly
+ 15 more people
The Court of Appeal left 18 innocent people in custody
Abbas Huseynov
INSTITUTE
FOR PEACE
AND DEMOCRACY