E/CN.4/2001/66 page 25 Azerbaijan Follow-up to previously transmitted communications 82. By letters dated 18 February 2000 and 20 November 2000, the Government responded to all individual cases transmitted by the Special Rapporteur in November 1999 (E/CN.4/2000/9, paras. 43-62) and to cases transmitted by the Special Rapporteur in conjunction with the Special Rapporteur on the right to freedom of opinion and expression in November 1999 (ibid., paras. 63-70). 83. Concerning Elchin Bekhudov, the Government stated that he had been arrested on 21 October 1995 on suspicion of committing a crime, and his family had been notified. He was informed of his right to legal representation, which he declined in writing. He was subsequently defended by a lawyer of a Legal Advice Bureau in Baku. On 31 October 1995, he was charged under article 186 of the Penal Code. The Government reported that his guilt had been proven by statements he had made during the preliminary investigation, the testimony of other suspects in the case, as well as forensic, ballistics, physical and chemical examinations. On 4 March 1996, he was given a suspended sentence of two years’ imprisonment by the Supreme Court of the Azerbaijani Republic. The Procurator’s Office has on several occasions verified the legality of the sentence on the basis of Elchin Bekhudov’s statements. During his visit to Azerbaijan, the Special Rapporteur met Elchin Bekhudov who provided him with further information (E/CN.4/2001/66/Add.1, para. 36). 84. Concerning Abulfat Kerimov, the Government replied that on 16 January 1997, he had been found guilty of creating armed groups and carrying firearms without proper authorization and had been sentenced to eight years’ imprisonment by the Military Division of the Republic. The case records failed to confirm that he had been held in custody for 11 months and a forensic examination revealed no trace of bodily injuries. 85. Concerning Eldar Agaev, the Government indicated that, on 23 September 1995, the Procurator’s Office of the Nasimin District in Baku had initiated criminal proceedings against him in connection with a murder. On 26 September 1995, he was arrested and charged. He was subsequently allowed to be represented by a lawyer of his family’s choice. The allegation that he had been beaten could not be confirmed in the course of the investigation. On 28 March 1997, he was sentenced to seven years’ imprisonment by the Supreme Court. On 17 April 1998, the case was reopened for further investigation by the Presidium of the Supreme Court. In the course of the supplementary investigation, an examination revealed that he had a trophic sore on his left foot, which was subsequently operated on. The criminal charges against him were referred to the Nasimin District Court, which sentenced him to seven years’ imprisonment on 24 November 1998. Allegations that Eldar Agaev had been subjected to beatings were also investigated, but not confirmed in the course of the trial. On 28 January 1999, the Baku Municipal Court quashed his sentence and the case was reopened for further investigation. The Baku Municipal Court and the Supreme Court held that the evidence produced during the trial, namely the accounts of two eyewitnesses, was inadequate for passing sentence and as a result, criminal proceedings against him were dropped on 10 April 1999.