New questions in connection with the "Terter case"...

On November 10, the Ganja Military Court returned to the prosecutor's office the criminal case of eight defendants in the "Terter case" - Natig Guluzade, Nijat Rzayev, Zaur Abdullayev, Veli Khalilov, Emin Aibov, Yalchin Tarverdizade, Orhan Babayev, and Emil Aliyev. According to the decision of the court, the criminal case was returned to the prosecutor's office, which exercises procedural supervision over the preliminary investigation. The judge of the Ganja Military Court Vugar Mammadov decided to terminate the proceedings.

Based on the court decision, the criminal case was returned to the prosecutor's office, which exercises procedural supervision over the preliminary investigation.

It should be noted that the Plenum of the Supreme Court canceled the cassation decision on the "Terter case" against 18 people and sent it for consideration to the Court of Appeal. Earlier this month, the Ganja Court of Appeal overturned the sentences against 11 more people and sent them to the court of first instance. And the Plenum of the Supreme Court on September 30 canceled the appeals and decisions of the Supreme Court against 19 persons convicted of high treason and other grave articles in connection with the Terter events.

In this case, the question arises: why are those who conducted the investigation into the case of these people, the judges who passed the verdict and the judges who kept it in force in higher courts not punished?

Member of the Committee against Repression and Torture Nasir Aliyev, father of Emil Aliyev, one of those whose criminal case was returned to the prosecutor's office, told ASTNA about the reasons for his dissatisfaction.

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Question: Why are not people  who conducted the investigation of the “Terter case”, the judges who passed sentences, the judges who kept them in force in higher courts and which were subsequently canceled,  punished?

Answer: At the current stage, the re-initiated investigation into the Terter events has not been completed. I think that after the completion of the investigation, arrests will be made. Although 26 of the judges' arrest decisions have been overturned to date, 26 innocent arrestees have been acquitted. In essence, these acquittals make it possible to apply the punishments provided for by the law on judges to the judges who conducted these cases. As already mentioned, a concrete opinion on this matter can be expressed after the end of the investigation. In general, it can be said that, unlike the previous investigation, all procedures are observed in the new investigation.

Question: There are cases that have been returned to the investigation after 5 years in prison. How to redeem these 5 years? How to compensate for the violation of the rights of these people?

Answer: It is impossible to atone for the rights of our servicemen who have spent 5 years in prison innocently. It is hard to imagine what a psychological blow they suffered, being branded as traitors to the state for a crime they did not commit. The state can compensate them only for material losses. Who and how can compensate for the material losses and moral upheavals experienced by the families of these servicemen over the years? The families of many servicemen who suffered from these events broke up, and they themselves were physically and mentally destroyed. Because of this stain, their children experienced oppression and shock in schools, which negatively affected their studies. This list can be expanded indefinitely. In a word, it is impossible to compensate for their violated rights. Going beyond the scope of our conversation, I would like to talk about an event that happened to me. It has been a year since my son's arrest. At about 3 am the whole family woke up from the sobs of our sister-in-law. Entering her room, I froze at the scene I saw. My daughter-in-law was crying, and my granddaughter, who is 2 years and 6 months old, wiping her tears with her hands, uttering fragments of words, tried to console her mother. Is it possible to redeem the experience of this baby and my family, the shock that we experienced? Hundreds of families have experienced and continue to experience these horrors.

Question: Do human rights activists and (or) victims demand from the government and higher courts to punish those who conducted the investigation incorrectly, delivered the wrong verdict?

Answer: In 2017-2018. the judges who conducted the "Terter case" and the investigators committed numerous violations. For example, the investigators grossly violated  the Articles 224.3, 125.2.7, 303.3.1, 303.3.3, 303.3.8, 391.8.1 and other Articles of the Criminal Code. It is for these reasons that innocent servicemen were subjected to lengthy arrests and unimaginable torture. If the rule of law had been ensured at that time, then there would not have been the murder of 10 servicemen (what we know), there would not have been this tragedy of hundreds of our servicemen and those arrested, and their families. As for the requirement to punish the judges and investigators who conducted this trial, this is, of course, the most important requirement. If the participants in this crime are not arrested, then there is no guarantee that another crime will not occur in the future. Such crimes are crimes against the state and humanity. Given all this, the victims and their families will demand their arrest.

Question: How is the process of investigating the updated "Terter case" being carried out in general? These latest decisions have given people a ray of hope. In your opinion, is it possible to say that this time the process is being conducted completely objectively?

Answer: In general, the process of investigating the renewed "Terter case" is satisfactory today. I personally took part in the recently launched investigation many times. We discussed the issues that concern us. Their answers and arguments satisfied us. The question of the objectivity of the case will manifest itself in the decision made after the completion of the investigation, and only then will we be able to give an accurate answer. At this stage, we have no reason for serious dissatisfaction. Although, of course, we are concerned that the arrest of criminals is delayed.

Question: What else should have been done  to fully disclose this case?

Answer: In order to fully disclose and clarify this case, the circle of perpetrators must be determined and they must be brought to justice. The rights of any victim must be restored. And most importantly, the rule of law must be ensured.