E/CN.4/2001/66
page 29
Supreme Court building on 16 November 1998, during which law enforcement personnel had
suppressed unlawful actions by the participants. The Baku City Procurator’s Office had
repeatedly invited the above-named to submit statements describing the circumstances of the
alleged acts of violence, medical reports and an indication of those responsible. They declined to
submit such statements or to appear in person on the basis that they had not sustained any
injuries and had no complaints.
100. Concerning the journalists Aydin Bagirov and Mustafa Hajibeyli, the Government
responded that an unauthorized picket had been held on 15 August 1998 by members of the
Popular Front of Azerbaijan. The authorities had not been notified in writing of the picket as
required by law, so law enforcement officials took steps to suppress the unlawful actions of the
participants, and a number of individuals were escorted to police station No. 9 in Baku,
including Sahil Kerimli who was released immediately after verification of his identity.
Any information regarding the detention and beating of Aydin Bagirov and Mustafa Hajibeyli
have not been substantiated and no complaints have been filed by them with the competent
authorities.
101. Concerning the beating of the journalist Vazirogli Haji Zamin, the Government
confirmed that an incident had taken place at the Kara Karaev subway station involving
S.A. Hajimaliev and the Baku subway police officer R.V. Kerimov, following which
Vazirogli Haji Zamin was escorted to the police station. A verification was conducted by the
Baku Municipal Transport Procurator’s Office. No evidence of bodily injuries were found at the
forensic medical examination. Criminal proceedings were instituted against S.A. Hajimaliev for
hooliganism and against the police officer for “action ultra vires”. On 27 August 1998, they
were formally charged and remanded in custody as a preventive measure. The criminal case was
referred for further investigation to the National Transport Procurator’s Office. In response to an
appeal for a lighter preventive measure by the newspaper for which the victim worked, remand
was amended to conditional discharge. On 18 September 1998, investigation into the case were
concluded and the matter was referred to the courts. In the court proceedings the guilt of the two
individuals was established on all counts and, on 8 October 1998, R.V. Kerimov was given a
suspended sentence of one year’s deprivation of liberty and was dismissed from the police force,
and Mr. Hajimaliev was sentenced to one year’s punitive deduction of earnings. The victim did
not lodge an appeal for cassational review.
102. Concerning the editor Talesh Hamid-ogly Babaev (Taleh Hamid), criminal proceedings
were instituted by the Procurator’s Office of the Republic of Azerbaijan for “action ultra vires”,
and the case was referred to the Baku City Procurator’s Office for investigation. Suspects and
witnesses were questioned and a forensic medical examination was conducted which revealed
that the victim had sustained minor bodily injuries. Despite full investigative measures, the guilt
of the persons charged could not be established and the criminal proceedings were discontinued
for lack of evidence. The case was subsequently reopened by the Procurator’s Office, which
overturned the decision to discontinue the proceedings. The case was referred for the conduct of
a new investigation, monitored by the Procurator’s Office, with the instruction that additional
proof of the guilt of the persons charged should be sought.
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