The guilt of those sentenced to long terms of imprisonment was not proven at the trial

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THE GUILT OF THOSE SENTENCED TO LONG TERMS OF IMPRISONMENT WAS NOT PROVEN AT THE TRIAL

Yunis Safarov

Analysis of violation of law during Yunis Safarov’s and 11 other defendants’ trial

Baku Grave Crimes Court

Case №1(101)-128/2021

16 August 2021

 Presiding judge: Afgan Hajiyev

 Judges: Ali Mammadov, Telman Huseynov

Defendants: Yunis Safarov, Mahir Azizov, Hamlet Abdullayev, Akif Aliyev, Rasim Mustafayev, Jeyhun Qurbanov, Firudin Zeynalov, Jafar Zalov, Vugar Mammadov, Jeyhun Salakhov, Anar Bagirov, Agha Sarkhani

Defenders: Bakhtiyar Hajiyev, Aziz Qanbarov, Javad Javadov, Allahverdi Sadigli, Zohrab Askarov, Telman Aliyev, Musa Hasanov, Musa Aliyev, Fariz Namazli, Babak Hamidov, Vamif Shukurov, Ilqar Rustamov, Zubeida Sadigova

An Analysis of Offences at Yunis Safarov’s and 11 other defendants’ Trial                               

State prosecutors: Vugar Guliyev, Huseyn Rustamli, the Prosecutors of the Department of Public Prosecutions of the General Prosecutor’s Office of the Azerbaijan Republic 

Victims: Elmar Valiyev, Qasim Ashbazov, Elshan Nasibov, Natiq Ahmadov, Elshan Suleymanov, Iftikhar Rustamov

Representative and attorney of victim Elmar Valiyev: Fakhraddin Safarov

The successor of the murdered defendant Ana Bagirov: his sister, Aynur Bagirova

The successor of the murdered defendant Agha Sarkhani: his spouse, Sevinj Sarkhani

On 3 July 2018, at around 8.30 PM, it was committed an armed attempt on the Head of the Executive Authority of the city, Elmar Valiyev. The incident took place in the city of Ganja. At the scene of the crime, the police detained a suspect, Yunis Safarov, a Russian citizen, who seriously wounded not only the Head of the Ganja City Executive but also his bodyguard, Qasim Ashbazov.

On 4 July 2018, the media circulated photographs of Yunis Safarov lying on the floor with the traces of torture and beatings. The origin of these photographs is still unknown. The investigating authorities denied any connection with the photos, whereas unofficial sources talked about a variety of versions of the photos’ origins. The first version was that Yunis Safarov was beaten up by Elmir Valiyev, son of the Head of the Ganja Executive Authority. According to the second version, Yunis Safarov was beaten and tortured by Sarkhan Ismayilov, the Head of the Criminal Investigation Department, and by Qorkhmaz Ibrahimov, the Chief Operative Officer of the Ganja Police Headquarters. Sarkhan Ismayilov, who filmed the beating on his own phone, sent the photos to Elmir Valiyev, the son of Elmar Valiyev. Elmir Valiyev then distributed the photos on social media in order to threaten the public.

On 10 July 2018, a protest rally took place in the center of Ganja in the course of which Colonel Ilqar Balakishiyev, Deputy Head of the Ganja Main Police Department, and Lieutenant Colonel Samad Abasov, the Deputy Head of the Nizami District Police Department of Ganja, were killed. Farrukh Qasimov was one of the first detainees whose fate is still unknown. The organizers of the action were never identified.

On 13 July 2018, as a result of an operation conducted by the law enforcement officials, Rashad Boyukkishiyev was killed. It was him who was accused in the murder of the Colonel Ilqar Balakishiyev on the square.

On 21 July 2018, Anar Bagirov, previously put on the wanted list and hiding in the territory of Khojasan settlement in Binagadi district, was killed whilst rendering an armed resistance. Anar Bagirov was the accused person in this criminal case.

On 25 July 2018, Agha Sarkhani, a resident of Ganja and member of the Muslim Unity Movement, was shot dead by the security personnel. According to the law enforcement agencies, Agha Sarkhani had put up a fight in the course of his arrest by the armed force. He is also being charged in the criminal case. The media circulated a photo of the killed Agha Sarkhani lying with a gun in his right hand, although in reality he was left-handed.

Fuad Samadov was shot dead on 28 July 2018, during another special law enforcement operation in the city of Samukh. According to the law enforcement authorities, F. Samadov was also killed while offering gunfire resistance and was one of the active members of a “radical religious group”, as well as a rioting participant in Ganja.

On 10 August 2018, the Sumgayit City police killed Muraz Rahimov. According to the law enforcement authorities, he was also a member of a radical religious group and was killed while resisting armed force during a special police operation in Sumgait. Muraz Rahimov had previously been arrested for protesting against the 2012 Eurovision Song Contest in Baku.

For more information on the listed above murders and the mentioned photos of Yunis Safarov, are on the IPD’s website:

https://www.ipd-az.org/aliyevs-regime-is-carrying-out-repressions-by-imitating-the-fight-with-islamic-terrorism/

The Azerbaijan General Prosecutor held a briefing in connection with the events in Ganja, at which he announced the indictment of 77 people involved in the Ganja events. 13 people have been put on the wanted list. As a result of the operational search activities, five of the above-mentioned individuals were eliminated.

Elchin Sadigov known as a lawyer leading “sensitive cases” and being a lawyer of the arrested Yunis Safarov who in his turn was accused of committing an assassination attempt against Elmar Valiyev, the Head of the Ganja City Executive, has been suspended from defending Yunis Safarov following a complaint by the Penitentiary Service of the Azerbaijan Republic’s Ministry of Justice. The Prison Service’s ruling stated that the lawyer had allegedly encouraged his client, Yunis Safarov, to file a complaint about his torture. The lawyer denies that and considers the ruling unlawful and unfounded. The Russian lawyer Yevgeniy Sherbatov was also prevented of defending Yunus Safarov.

For more information are on the IPD’s website:

https://www.ipd-az.org/prosecutor-generals-office-of-azerbaijan-left-yunis-safarov-without-a-lawyer/

On 10 July 2018 the General Prosecutor’s Office of the Ministry of Internal Affairs and the State Security Service of Azerbaijan issued a joint report stating that a group of approximately 150-200 radical believers attempted to grossly violate public order at around 8pm on July 10, 2018. Those people disregarded the police warnings, committed unlawful actions and resisted the police officers, inflicting bodily injuries with blunt and stabbing tools. The statement also said that the police managed to detain about 40 people at the scene, while the other protesters successfully escaped. The law enforcers expressed regret over the two killed policemen on the square.

 

The detainees were brought to the Ganja City Police Headquarters. It was opened a criminal case under the Articles 120.2.3 (Deliberate murder of a victim in connection with implementation of a given person of service activity or performance of public debt), 120.2.7 (Deliberate murder of two or more persons), 220.1 (Mass disorders), 221.3 (Hooliganism committed with application of a weapon or subjects, used as the weapon) and 228.4 (Illegal acquisition, selling or carrying of gas weapon, cold steel, including throwing weapon, except for districts where carrying of a cold steel is an accessory of a national suit or connected to hunting) of the Criminal Code of the Azerbaijan Republic.

The criminal case was divided into several parts, and the courts hearing was conducted separately for each croup case. Those detained at the protest were given lengthy sentences ranging from 4 to 20 years imprisonment.

Analyses of the previous trials are posted on the IPD’s website:

https://www.ipd-az.org/eight-more-citizens-were-convicted-on-so-called-ganja-case/

https://www.ipd-az.org/six-more-citizens-were-convicted-on-so-called-ganja-case/

https://www.ipd-az.org/seven-more-citizens-were-convicted-on-so-called-ganja-case/

https://www.ipd-az.org/ganja-city-court-on-grave-crimes-passed-a-sentence-on-11-defendants-on-so-called-ganja-case/

The last group hearing was a case against Yunis Safarov. In addition to Safarov, there were also 11 others, two of whom (Anar Bagirov and Agha Sarkhani) were killed by the security services in the course of the special operation as it was described above.

Yunis Safarov, born in 1983 in the city of Ganja, a citizen of the Russian Federation, was detained on 3 July 2018. On 4 July 2018, the court issued against Safarov a measure of restraint in the form of detention for a period of 4 months. He was charged under the articles:

    • • 29,120.2.1 (Attempt of deliberate murder committed by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community);
      • 29,120.2.3 (Attempt of deliberate murder of a victim in connection with implementation of a given person of service activity or performance of public debt);
      • 29, 120.2.4 (Attempt of deliberate murder committed with special cruelty or in publicly dangers way);
      • 29, 120.2.6 (Attempt of deliberate murder committed with the purpose to hide other crime or to facilitate its commitment, as well as connected with rape or other violent actions of sexual nature);
      • 29,120.2.7 (Attempt of deliberate murder of two or more persons);
      • 29,120.2.10 (Attempt of deliberate murder committed repeatedly);
    • • 29, 120.2.11 (Attempt of deliberate murder connected to robbery, extortion, terrorism or gangsters);
    • • 181.3.1. (Burglary, committed by organized group);
    • • 181.3.3 (Burglary, committed with causing heavy harm to health of the victim);
    • • 28, 214.2.1 (Preparation for terrorism committed by an organized criminal group);
    • • 28, 214.2.3 (Preparation for the commission of terrorism with the use of firearms);
    • • 28, 214.2.6 (Preparation of terrorism committed on the base of religious enmity, religious radicalism or religious fanaticism);
    • • 214.2.1 (Preparation of terrorism committed on preliminary arrangement by group of persons, by organized group or criminal community);
    • • 214.2.3 (Preparation of terrorism committed with application of fire-arms or subjects used as a weapon);
    • • 214.2.6 (Preparation of terrorism committed on the base of religious enmity, religious radicalism or religious fanaticism);
    • • 214-2 (Public calls for terrorism);
    • • 12.3,218.2 (Exercises for the purpose of terrorism);
    • • 12.1,218.2 (Participation in criminal community (criminal organization) or in association of organizers, heads or other representatives of the organized groups);
    • • 228.3 (Illegal purchase, transfer, selling, storage, transportation and carrying of fire-arms, accessories to it, supplies or explosives, committed by organized group);
    • • 229.3 (Illegal manufacturing of a weapon committed by organized group);
    • • 232.3.1 (Plunder or extortion of a weapon, supplies and explosives committed by organized group);
    • • 277 (Attempt on life of the state or public authority (act of terrorism);
    • • 278 (Violent capture power or violent deduction power);
    • • 278.2 (Violent capture power or violent deduction power in infringement of the Constitution of the Azerbaijan Republic, as well as directed on violent change of constitutional grounds of the states committed on the base of religious enmity, religious radicalism or religious fanaticism);
    • • 279.3 (Creation of armed formations or groups, which are not provided by the legislation of the Azerbaijan Republic entailed to destruction of people or other heavy consequences);
    • • 281.3 (Public appeals directed against the state, committed by orders of foreign organizations or their representatives);
    • • 283-1.3 (Creation of stable group to participate in the armed conflicts outside the Azerbaijan Republic);
    • • 318.2 (Crossing of protected frontier of the Azerbaijan Republic without established documents or outside of check point of frontier, committed on preliminary arrangement by group of persons or organized group either with application of violence or with threat of its application);
    • • 320.1 (Fake of certificate or other official document giving the rights or releasing from duties, with a view of its use or selling of such document, as well as manufacturing in same purposes or selling of counterfeit state awards of the Azerbaijan Republic, stamps, seals, forms);
    • • 320.2 (Use of obviously counterfeit documents) of the Criminal Code of the Azerbaijan Republic.

 Mahir Azizov, born in 1986 in the city of Yevlakh, a citizen of the Azerbaijan Republic was detained on 4 July 2018. On 5 July 2018, the court ordered against Mahir Azizov a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 214-2, 228.3, 28,277, 277, 278 (old version in force until 28.10.2016), 278.2, 279.3, 281.3, 318.2, 320.1 and 320.2 of the Criminal Code of the Azerbaijan Republic.

Hamlet Abdullayev, born in 1978 in the Republic of Georgia, a citizen of the Azerbaijan Republic, was detained on 6 July 2018. On 7 July 2018, the court ordered against Hamlet Abdullayev a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 229.3, 234.1, 28,277, 277, 278 (old version in force until 28.10.2016), 278.2, 279.3 and 281.3 of the Criminal Code of the Azerbaijan Republic.

Akif Aliyev, born in 1966 in the Republic of Armenia, a citizen of the Azerbaijan Republic, was detained on 12 July 2018. On 13 July 2018, the court ordered against Akif Aliyev a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 277, 278 (old version in force until 28.10.2016), 278.2, 318.2, 320.1 and 320.2 of the Criminal Code of the Azerbaijan Republic.

Rasim Mustafayev, born in 1980 in Ganja City, a citizen of the Azerbaijan Republic, was detained on 8 July 2018. On 9 July 2018, the court ordered against Rasim Mustafayev a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 229.3, 28,277, 277, 278 (old version in force until 28.10.2016), 278.2 and 279.3 of the Criminal Code of the Azerbaijan Republic.

Jeyhun Qurbanov, born in 1986 in Ganja City, a citizen of the Azerbaijan Republic, was detained on 8 July 2018. On 9 July 2018, the court ordered against Jeyhun Qurbanov a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic.

Firudin Zeynalov, born in 1982 in Terter City, a citizen of the Azerbaijan Republic, was detained on 8 July 2018. On 9 July 2018, the court ordered against Firudin Zeynalov Qurbanov a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 228.3, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic.

Jafar Zalov, born in 1977 in Ganja City, a citizen of the Azerbaijan Republic, was detained on 4 July 2018. On 5 July 2018, the court ordered against Jafar Zalov a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 228.3, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic.

Vugar Mammadov, born in 1986 in Ganja City, a citizen of the Azerbaijan Republic, was detained on 4 July 2018. On 5 July 2018, the court ordered against Vugar Mammadov a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.10, 29,120.2.11, 181.3.1, 181.3.3, 214.2.1, 214.2.3, 214.2.6, 228.3, 232.3.1, 232.3.2, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic.

Jeyhun Salakhov, born in 1972 in Ganja City, a citizen of the Azerbaijan Republic, was detained on 7 July 2018. On 8 July 2018, the court ordered against Jeyhun Salakhov a measure of restraint in the form of detention for a period of 4 months. He was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 214-2, 228.3, 234.4.3, 28,277, 277, 278.2 and 281.3 of the Criminal Code of the Azerbaijan Republic.

Anar Bagirov, born in 1975 in Ganja City, a citizen of the Azerbaijan Republic, was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.10, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 229.3, 28,277, 277, 278 (old version in force until 28.10.2016),278.2, 279.3 and 315.2 of the Criminal Code of the Azerbaijan Republic. On 21 July 2018, Anar Bagirov was killed by the security officers in the course of a special operation.

Agha Sarkhani, born in 1970 in Ganja City, a citizen of the Azerbaijan Republic, a member of the “Muslim Unity” movement, was charged under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.10, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 228.3, 28,277, 277, 278.2, 279.3 and 315.2 of the Criminal Code of the Azerbaijan Republic. On 25 July 2018, Agha Sarkhani was shot dead by the security services during a special operation.

According to the investigation, Yunis Safarov had been regularly travelling to Azerbaijan and the Islamic Republic of Iran since 2007. He promoted the provisions of Islam, the fight against crime in Azerbaijan in a radical way, the forcible seizure of power and the change of the constitutional system of the State, the creation of a Shariah governed state in Azerbaijan. Previously, residing in Moscow, Yunis Safarov worked in a special police unit of the Ministry of Internal Affairs of the Russian Federation and had no criminal records. Yunis Safarov together with his acquaintances Mahir Azizov, Akif Aliyev, Hamlet Abdullayev, Anar Bagirov, Agha Sarkhani, Jafar Zalov, Firudin Zeynalov, Vugar Mammadov, Jeyhun Qurbanov, Rasim Mustafayev, Jeyhun Salakhov and others formed an organized criminal group in the Islamic Republic of Iran.

On the Azdiaspora forum, on which he was an administrator, and other social media, he discussed methods of overthrowing the government in Azerbaijan and the physical elimination of the state officials. According to the accusation, Yunis Safarov had been following Elmar Valiyev, the Chief Executive of the city of Ganja, at various events since January 2018. Yunis Safarov was commissioned by the members of the foreign organization Huseyniyya to kill Elmar Valiyev in February 2018. On 3 July 2018, Yunis Safarov, armed with a Makarov pistol, approached Valiyev’s security guard, Qasim Ashbazov, and shot him twice. After wounding Q. Ashbazov, he then attacked E. Valiyev and shot him as well. As a result of the attack, both men were seriously injured.

In the course of the judicial investigation, Yunis Safarov testified that he had decided to attack the Head of the Ganja City Executive because all appeals and complaints to higher authorities regarding Elmar Valiyev’s criminal activities had been ignored. Yunis Safarov indicated that the state officials had shown disrespect to the citizens. He was not at all remorseful for what he had done. Yunis Safarov stated that his goal was to punish Elmar Valiyev and also to teach other officials a lesson. Yunis Safarov followed the Ganja events from Moscow. He also testified that he had been acquainted with Mahir Azizov since their childhood, and having studied with his sister at the same class. In 2001-2002 he met Jeyhun Salakhov at a mosque in Moscow that they both attended. He had also met Rasim Mustafayev in Moscow. He knew Akif Aliyev as brother of Azer Aliyev, he had seen him only twice. Although, he had known Vugar Mammadov for a long time, they were good friends.  He and Jeyhun Qurbanov are distant relatives.

Also, Yunis Safarov testified that he had never met Hamlet Abdullayev and that he had never been handed a Kalashnikov rifle by the latter.  He didn’t know the killed Agha Sarkhani either. He insisted that he met Firudin Zeynalov only during the trial.

The accused, Hamlet Abdullayev, who was questioned at the trial, pleaded not guilty to the charges and testified that he had known Yunis Safarov as a true believer with whom he had maintained normal relationship. He confirmed that knew the other defendants as residents of the city of Ganja, but he had never been acquainted with Akif Aliyev. He also knew the killed Anar Bagirov, with whom he was on friendly terms. Agha Sarkhani was not known to him at all. He met Yunis Safarov in Ganja in 2017 while buying his flat. During the meeting, Yunis Safarov told him that he wanted to talk to him about some business, that he had been trained in Syria and wanted to take revenge on Elmar Valiyev for mistreating the residents of Ganja. Hamlet Abdullayev did not take his words seriously and tried to discourage him but Yunis Safarov did not listen to him.

Mahir Azizov, who was questioned at the hearing, pleaded not guilty to the charges and testified that he had lived in Vladimir City in the Russian Federation since 1998. Then he moved to Moscow. Since 2004, he had studied together with Yunis Safarov’s sister in the same class. Following his graduation from the university’s Faculty of Law, he met with Y. Safarov, with whom he talked about religion and socio-political life. Then M. Azizov returned to Azerbaijan to do his military service, and lived at Safarov’s residence. Until 2017, he had not met him. In 2017. Yunis Safarov wrote to M. Azizov via the social media and offered to meet with him. Yunis Safarov said that there was a problem with his documents and that his name was on the wanted list. Mahir Azizov testified that he had seen the accused Rasim Mustafayev just once. Yunis Safarov asked Mahir Azizov to tell Rasim Mustafayev that he would like to meet him. However, Rasim Mustafayev did not want to meet with Yunis Safarov. On 5 July 2018, two strangers in civilian clothes entered the shop where Mahir Azizov worked, he believed them to be customers and provided them some information on goods. Later, these men came back and handcuffed him. He was brought to the Department for Combating Organized Crime of the Azerbaijan Ministry of Interior Affairs, where he was forced to sign a self-incriminating confession. Mahir Azizov was then brought back to his house in Sumgayit, where he lived with his wife, two young children and mother-in-law. While in the house, the officers asked him where he had put the grenade. As a result of the search, the grenade was found in a child’s wardrobe afterwards. Then again, he was brought back to the Department for Combating Organized Crime of the AR Interior Ministry. The investigator pressed him to testify as they wanted to, so he made the kind of testimony that the investigating body needed.

 

Akif Aliyev, who was questioned during the court hearing, pleaded not guilty to the charges and indicated that the charge had been based on supposition and suspicion. He testified that he had no communication with any members of the so-called criminal group. There weren’t any correspondence or calls from the accused persons in his phone, which he has been using since 2015. He had just met with Yunis Safarov on two occasions through his brother Azer Aliyev.

Rasim Mustafayev, who was questioned at the trial, pleaded not guilty to the charges and testified that he met Yunis Safarov at a mosque in Moscow in 2005. In 2007, he returned to Ganja City whereas Yunis Safarov returned to Ganja a year later, in 2008. He did not meet Yunis Safarov any time after 2013. Since 2016, Rasim Mustafayev had been living in Baku, where he worked. Only three days after Yunis Safarov’s arrest, Rasim Mustafayev was also detained and brought to the Department for Combating Organized Crime of the Ministry of Internal Affairs of the Azerbaijan Republic. Rasim Mustafayev stated that he had known Hamlet Abdullayev while he had seen Mahir Azizov only twice. Rasim Mustafayev also testified that he had been working in the furniture store through the year 2010 and was visited by Yunis Safarov along with Mahir Azizov. In April-May 2018, Mahir Azizov came over to him and said that Yunis Safarov had been looking for him. Being aware that at that time Yunis Safarov was searched for, Mahir Azizov advised Rasim Mustafayev to stay away from Yunis Safarov. After that, Mahir Azizov left, and he did not see him again. On 9 July 2018, Rasim Mustafayev was informed at work that he had been sought. Upon his arrest, fifteen police officers came to his house, while his wife and children were at home. In one of his jackets, a Makarov pistol was found. Rasim Mustafayev insisted that the police officers themselves had placed the Makarov pistol in his house. Afterwards, he was brought to the Department for Combating Organized Crime of the Ministry of Internal Affairs of the Azerbaijan Republic.

Jeyhun Qurbanov, who was questioned during the court hearing, pleaded not guilty to the charges and testified that none of the charges were true and substantiated. He had been submitted and forced to sign some documents. Jeyhun Qurbanov has revealed that Yunis Safarov was his relative, they had lived in the same courtyard, and grew up together for up to 4-5 years old. However, despite that, when in 2017. Yunis Safarov approached him, Jeyhun Qurbanov did not recognize him. Then, while in Baku, Yunis Safarov called Jeyhun Qurbanov and asked him to find him a flat for rent. Thereafter, he had no contact with him.

Firudin Zeynalov, who was questioned during the court hearing, pleaded not guilty to the charges and testified that he had been in custody since 7 October 2017. His arrest is linked to the events at the ImamzadeMosque in Ganja.

More detailed about event at the Imamzade Mosque see here:

https://musavat.com/news/gencede-icra-hakimiyyeti-asura-gunu-niye-gerginlik-yaradib_472267.html?d=1

This means that F. Zeynalov had no chance to take part in the crimes he was accused of. On 14 July 2018, he was in the temporary detention facility at the Ganja City Police Department, where an investigator of the Prosecutor General’s Office of the Azerbaijan Republic read out charges against Firudin Zeynalov but the grounds for the charges against him were not clarified. He also testified that he had first been questioned only in November 2018. He was then transferred to the Baku Detention Centre, where he was interrogated by the investigator Orkhan Hajiyev.  Zeynalov also claimed that he had not been involved in any crimes and had not known any of the suspects.

Jafar Zalov, who was questioned during the court hearing, pleaded not guilty to the charges and testified that he had met Yunis Safarov through Hamlet Abdullayev in the year 2008. From 2008 to 2017, D. Zalov did not personally see Y. Safarov. In the winter of 2017, D. Zalov accidentally spotted Y. Safarov in the village of Ahmadli in Baku. He said that he had returned from Russia because his documents had not been in proper form. D. Zalov helped Yunis, but pointed out that if he had known that he was going to commit a crime, he would not have helped him.

Vugar Mammadov, who was questioned during the court hearing, pleaded not guilty to the charges and testified that he had not committed any crimes; his grandfather, father and he himself worked as policemen. He had known Yunis Safarov since 2009-2010. He was known as a religious man and a lawyer.  He saw Yunis Safarov at one of the weddings, where he criticized officials who, in his opinion, had been creating an abyss between the President and people. В. Mammadov pointed out that he had not been aware of Y.Safarov’s intentions, did not have any complaint against Elmar Valiyev and everything that had been written about his assistance to Yunis Safarov was a lie. V. Mammadov testified that he had found for Y. Safarov a flat to rent. On 22 July 2017, he found out that there had been an attack on Elshan Nasirov (a security guard at the bank, which according to the investigation Yunis Safarov had stolen a weapon) with a blunt object in 2017. He recognized Yunis Safarov on the video and immediately informed his superior, Shamistan Karimov. His boss told him to participate in the investigative operations. The police officers arrived at the house where Y.Safarov was staying and there, found his belongings. The Chief of the Kapaz District Police Department of the Ganja City promised to V.Mammadov ten thousand manats and a post for capturing Yunis Safarov. If he fails to catch Yunis, they will force Y.Safarov to testify against Vugar Mammadov once they capture him. Vugar Mammadov also testified that he had worked in the security of various facilities for a long time, and if he had cooperated or supported Yunis Safarov, he would have informed him of the location of surveillance cameras in the city. However, it did not happen.

The defendant, Jeyhun Salakhov, who was questioned at the hearing, pleaded not guilty to the charges and testified that he had known only Yunis Safarov, Rasim Mustafayev, Mahir Azizov, and Hamlet Abdullayev among the accused ones. He met Yunis Safarov in Russia in 2002 and they were friends until 2010. He met Hamlet Abdullayev in Ganja City. In 2017, he saw Y. Safarov again. At that time, Jeyhun Salakhov was working in a bookstore where Yunis Safarov used to come to read books. Hamlet Abdullayev and Anar Bagirov also visited the store. Jeyhun Salakhov testified that the police forced him to look for Yunis, but he refused to do so, saying that it was not his duty but the police’, for which he received 10 days of administrative arrest. Even though the investigator of the Ministry of Internal Affairs promised to pay a bonus of ten thousand manats in case of catching Yunus Safarov. Then this amount was increased up to twenty thousand manats. The police looked for Yunis Safarov everywhere.  Later he learned that Yunis had attacked Elmar Valiyev. Jeyhun Salakhov stated that although he had found for Yunus Safarov a telephone number and a flat for Yunis, he was not aware of Safarov’s plans and was not involved in the criminal group.

Aynur Bagirova, the killed defendant Anar Bagirov’s sister and his legal successor testified during the court hearing that her brother had been performing namaz (prayers) and selling religious books in front of the Shah Abbas Mosque in Ganja. At the mosque, he met Hamlet Abdullayev, and through him, he got acquainted with Yunis Safarov. Aynur Bagirova also stated that her brother had not resisted during his detention and she believed that the officers had killed her brother deliberately.

Sevinj Sarkhani, the killed defendant Agha Sarkhani’s spouse and legal successor, testified at the trial that she got married to Agha Sarkhani in 2004 and has two young children. Her husband had been selling shoes at the market, and time to time visited his relatives in Iran. In 2011, he was detained on drug trafficking charges and served a 3-year imprisonment sentence. It was during this time that he started praying (namaz). Sevinj Sarkhani saw her husband for the last time on 9 July 2018, and he told her about the expected rally. On 23 July 2018, while communicating with him by mobile phone, he did not tell her where he was.

Elmar Valiyev’s bodyguard Qasim Ashbazov, working in the bank security service Elshan Nasibov and Iftikhar Rustamov from the Department of Organized Crime Investigation, all of them testified at the trial that the incriminating to them crimes were the fault of Yunis Safarov.

According to the criminal case records, the victim, Elmar Valiyev, the former Head of the Ganja City Executive Authority is unable to clearly recall and describe the events of 3 July 2018, due to his state of health.

A religious expertise conducted on 3 August and 28 December 2018, determined that there were calls for the forcible seizure, the retention of power and violent overthrow of the constitutional framework of the Azerbaijan Republic in the brochures found in the possession of the accused.

The court, having heard the criminal case in open proceedings, found the defendants guilty of the following offences and sentenced them:

  • Yunis Safarov, for committing offences under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.6, 29,120.2.7, 29,120.2.10, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 214-2, 12.3,214-3.1, 12.1,218.2, 228.3, 229.3, 232.3.1, 232.3.2, 28,277, 277, 278 (old version in force until 28.10.2016), 2, 279.3, 281.3, 283-1.3, 318.2, 320.1 and 320.2 of the Criminal Code of the Azerbaijan Republic and sentenced him to life imprisonment in the Gobustan Penitentiary Service Closed Prison;
  • Hamlet Abdullayev, for committing crimes under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 229.3, 234.1, 28,277, 277, 278 (old version in force until 28.10.2016),2, 279.3 and 281.3 of the Criminal Code of the Azerbaijan Republic and sentenced him to 19 years’ imprisonment to be served in a strict regime facility;
  • Mahir Azizov, for committing offences under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 214-2, 228.3, 28,277, 277, 278 (old version in force until 28.10.2016), 2, 279.3, 281.3, 318.2, 320.1 and 320.2 of the Criminal Code of the Azerbaijan Republic and sentenced him to 20 years’ imprisonment with 5 years’ imprisonment in the Gobustan Penitentiary Service Closed Prison, and further imprisonment in a high-security institution;
  • Akif Aliyev, for committing crimes under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 28,277, 277, 278 (вредакции до 28 октября 2016 года), 278.2, 318.2, 320.1 and 320.2 of the Criminal Code of the Azerbaijan Republic and sentenced him to 20 years’ imprisonment to be served in a strict regime facility;
  • Rasim Mustafayev, for committing crimes under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 28,214.2.1, 28,214.2.3, 28,214.2.6, 214.2.1, 214.2.3, 214.2.6, 228.3, 229.3, 28,277, 277, 278 (в редакции до 28 октября 2016 года), 278.2 and 279.3 of the Criminal Code of the Azerbaijan Republic and sentenced him to 20 years’ imprisonment to be served in a strict regime facility;
  • Jeyhun Qurbanov, for committing crimes under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 28,277, 277 and 279.3 of the Criminal Code of the Azerbaijan Republic and sentenced him to 18 years’ imprisonment to be served in a strict regime facility;
  • Firudin Zeynalov, for committing offences under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 228.3, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic and sentenced him to 19 years’ imprisonment with 4 years’ imprisonment in the Gobustan Penitentiary Service Closed Prison, and further imprisonment in a high-security institution;
  • Jafar Zalov, for committing crimes under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 228.3, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic and sentenced him to 18 years’ imprisonment to be served in a strict regime facility;
  • Vugar Mammadov, for committing offences under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.6, 29,120.2.7, 29,120.2.10, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 228.3, 232.3.1, 232.3.2, 28,277, 277 and 278.2 of the Criminal Code of the Azerbaijan Republic and sentenced him to 19 years’ imprisonment with 4 years’ imprisonment in the Gobustan Penitentiary Service Closed Prison, and further imprisonment in a high-security institution;
  • Jeyhun Salakhov, for committing offences under the Articles 29,120.2.1, 29,120.2.3, 29,120.2.4, 29,120.2.7, 29,120.2.11, 214.2.1, 214.2.3, 214.2.6, 214-2, 228.3, 234.1, 28,277, 277, 278.2 and 281.3 of the Criminal Code of the Azerbaijan Republic and sentenced him to 19 years’ imprisonment with 4 years’ imprisonment in the Gobustan Penitentiary Service Closed Prison, and further imprisonment in a high-security institution.

 

Commentary by expert lawyer:

The court verdict is unlawful and unjustified. As mentioned above, there were photographs circulated in the media immediately following Yunis Safarov’s arrest, showing the body of Yunis Safarov in blood with traces of torture and beatings lying on the floor. See: https://www.ipd-az.org/aliyevs-regime-is-carrying-out-repressions-by-imitating-the-fight-with-islamic-terrorism/

The photos clearly depicted Yunis Safarov as being beaten with his hands tied behind his back, lying in blood, and showing a man’s shoe next to him. It should be reminded that these photographs had been circulated when Yunis was in custody. The use of torture, beatings in respect of the accused was not investigated or examined by the court. The verdict does not contain any legal assessment of the law enforcement officers’ illegal and unlawful actions that should have ensured observance of the defendant’s rights.

The Article 9 of the Criminal Code of the Azerbaijan Republic enshrines the principle of humanity. The essence of the principle consists in ensuring that penalties and other measures of criminal law applied to a person who has committed an offence shall not have the nature, intent of torture or other cruel, inhuman or degrading treatment.

According to the Article 12.1 of the Criminal Procedure Code of the Azerbaijan Republic,

The judicial authorities shall observe the human and civil rights and liberties afforded by the Constitution to all participants in criminal proceedings.

The Article 13 of the Criminal Procedure Code of the Azerbaijan Republic states:

During a criminal prosecution nobody shall:

  • be subjected to treatment or punishment that debases human dignity;
  • be held in conditions that debase human dignity;
  • be forced to participate in carrying out procedures that debase human dignity.

During the criminal prosecution the following shall be prohibited (the Article 15.2 of the Criminal Procedure Code of the Azerbaijan Republic):

  • the use of torture and physical and psychological force, including the use of medication, withdrawal of food, hypnosis, deprivation of medical aid and the use of other cruel, inhuman or degrading treatment and punishment;
  • the imposition of long-term or severe physical pain or acts which are detrimental to health, or any similar ill-treatment;
  • taking evidence from victims, suspects or accused persons or from other participants in the criminal proceedings using violence, threats, deceit or by other unlawful acts which violate their rights.

Torture and inhuman and degrading treatment are also prohibited by the Norms of International Law. Thus, according to the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, no one shall be subjected to torture or to inhuman or degrading treatment or punishment. The prohibition of torture is also set out in the Article 7 of the International Covenant on Civil and Political Rights and in the Article 5 of the Universal Declaration of Human Rights, in addition to the European Convention.

In the judgment of the European Court of Human Rights (ECHR) in the case of Aksoy v. Turkey of December, 18, 1996 it is stated, “The Article 3. As the Court has pointed out many times before, the Court protects one of the basic values of a democratic society. Even in the most difficult of circumstances, such as the fight against organised terrorism or crime, the Convention absolutely forbids the use of torture or inhuman or degrading treatment or punishment. Unlike most of the substantive provisions of the Convention and Protocols Nos. 1 and 4, the Article 3 do not provide exemptions or permit its partial withdrawal: under the Article 15, it does not cease to be in force even in a public emergency threatening the existence of the nation” (para. 62). See: https://www.dipublico.org/1563/case-of-aksoy-v-turkey-application-no-2198793-european-court-of-human-rights/

 

As previously pointed out, the court failed to take into account the undeniable facts of Yunis Safarov’s inhuman treatment while under investigation, failed to assess the legal basis thereof and made no adequate determination in respect of the law enforcement officers who tortured the defendant.

Whereas according to the Article 99 of the Law of the Azerbaijan Republic On Courts and Judges, the judges shall perform the following duties: perform justice precisely and unconditionally, ensure moral and educational influence of the judicial practice, be fair and impartial; keep confidentiality, not disclose information revealed in the closed court sessions; avoid any deed that causes harm to the prestige of justice, authority, honour and dignity of judges. The judges of the Baku City Court of Serious Crimes ignored the Article On Courts and Judges.

A particular consideration should be given to the religious analyses conducted as part of this criminal case on 3 August and 28 December 2018. The verdict states that the experts determined that the brochures and discs found in the possession of the accused contained calls for the forcible seizure and retention of the power, forcible change of the constitutional system and violation of the territorial integrity of the Azerbaijan Republic, as well as acts of religious hatred and enmity.

In this regard, we should note that the religious expertise is the study of information on doctrine, as well as the analysis of the religious studies aspects of controversial texts, objects of worship and the performance of religious rites and ceremonies. The religious expertise makes it possible to identify the religious organization, determine its doctrine, and describe its context. Thus, the religious expertise reveals features, which are subsequently legally qualified as compliant or not compliant with the current legislation. The expert cannot answer the question about the truth or falsity of religious beliefs while analyzing the religious doctrine.

In the course of the expert’s examination, the religious scholar examines:

  • the constituent documents of a religious organization and the decisions of its governing and executive bodies;
  • the fundamentals of the religious organization’s doctrine;
  • the forms and methods of operation of a religious organization;
  • worship services, and other religious rites and ceremonies;
  • the interna documents of the religious organization reflecting its hierarchical and organizational structure;
  • religious literature, and other printed, audio and video materials;
  • religious sermons, symbols, paraphernalia.

See: https://sudagent.ru/publications/religiovedcheskaya-ekspertiza-obekty-osobennosti-i-tipovye-voprosy/

As we can see, a religious expert examines certain issues within his competence. The questions addressed to the expert in the commented criminal case are not within his competence. They have a legal connotation and give a juridical qualification to the offence. In the case at hand the court should not have admitted the expert’s conclusions as evidence and should not have referred to them subsequently in the judgment.

The defendants were charged under more than 20 Articles of the Criminal Code of the Azerbaijan Republic. However, none of the provisions had been proved by the investigating authorities. There was no incontrovertible evidence in the case and outside observers had reasonable doubts about the defendants’ guilt.

There was also a violation of the principle of the presumption of innocence. According to the Article 21 of the Criminal Procedure Code of the Azerbaijan Republic,

  • any person suspected of committing an offence shall be found innocent if his guilt is not proven in accordance with this Code and if the court has not delivered a final judgment to that effect.
  • even if there are reasonable suspicions as to the guilt of the person, this shall not cause the latter to be found guilty. The accused (the suspect) shall receive the benefit of any doubts which cannot be removed in the process of proving the charge in accordance with the provisions of this Code, within the appropriate legal proceedings. He shall likewise receive the benefit of any doubts which are not removed in the application of criminal law and criminal procedure legislation;
  • the accused shall not be obliged to prove his innocence. It shall be for the prosecution to prove the charge or to refute the evidence given in defence of the suspect or the accused.

Despite the fact that the investigators’ arguments raised a number of doubts about the proper handling of the criminal case by the investigating bodies, the court did not interpret these doubts in favour of the defendants. In case of lack of compelling evidence provided by the investigating bodies, the prosecution falls apart. Numerous doubts were not resolved either in the course of the investigation or at the trial. It was up to the investigating authorities to prove the defendants’ guilt and they failed to do so.

It has been pointed out above that Yunis Safarov’s lawyer, Elchin Sadigov, had been suspended. Following a complaint made by the Penitentiary Service of the AR Ministry of Justice, Mr Sadigov was suspended as a defence counsel for Mr Safarov. The core of the complaint was that the lawyer had allegedly incited his client to file a complaint concerning the torture inflicted on him during the preliminary investigation. A lawyer’s job is to provide legal assistance to his client. Unlawful and unjustified dismissal of the lawyer is a violation of the defendant’s right to legal defence guaranteed by the Article 61 (1) of the AR Constitution, the Article 6 (3) subparagraph (c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. This article states:

Everyone charged with a criminal offence has the following minimum rights:

  • (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require.

 

Upon closer examination, we can deduce that the guilt of the 11 people accused along with Yunis Safarov, as well as his acquaintances and relatives, has not been established at all. And their prosecution is a gross violation of the National Legislation of the Azerbaijan Republic and the International Law.

In the course of the court hearing the principle of transparency of the trial was violated. The Press and public activists, willing to follow the trial, were not allowed in the courtroom. The principle of publicity, enshrined in the Article 27 of the AR CPC, as well as in the Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was gravely violated.

Thus, the fundamental principles of criminal proceedings were infringed, the issues that fall within the competence of the courts were not considered, the evidences were distorted, the experts’ conclusions beyond their competence were accepted as solid proofs in the case, the mistreatment was not investigated during the trial, and the illegal actions of the law enforcement officers were not legally assessed.