10 defendants in "Terter case" are still in prison – human rights activist

Baku/08.12.23/Turan: Despite the rehabilitation of most of the people illegally convicted in the so-called "Terter case", 10 people still remain in custody, and human rights activists are seeking a review of their cases. Head of the Baku Human Rights Club, lawyer Rasul Jafarov, told Turan in an interview.When asked how many people were arrested and convicted in these cases, Jafarov replied as follows: "According to official information, in May-July 2017, 452 people were detained and subjected to inhuman treatment and tortures in military units of the 1st and 2nd army corps. According to our calculations, we are talking about 700 people. However, even bigger figures were mentioned in the press.

Of these people, 10 military were tortured to death as a result of tortures. In this matter, our data coincide with the official ones."

Two of the civilians were tortured. The prosecutor's office recognized one of them as a victim, the other was not, and he was convicted.

After updating the criminal case in December 2021, the prosecutor's office acquitted 8 civilians, including a victim of torture.

Most of the detainees were prosecuted under Article 234.1 (illegal drug trafficking), some - under Article 228.1 (illegal arms trafficking).

In addition to these 8 civilians, criminal cases were initiated against at least 49 military personnel of the First and Second corps under Article 274 (treason) and other articles of the Criminal Code.

Of these, 18 were found guilty under Article 274 and sentenced to severe prison sentences. Two died, but were not acquitted.

After the investigation was updated, all 20 people were acquitted, including two posthumously. 16 people, among those convicted of treason, were acquitted by the prosecutor's office after the investigation was updated. Another 13 were previously acquitted by the decision of the military prosecutor's office in 2018.

At present, the rehabilitated are seeking compensation for them. 30 of them have already received it. "According to our information, 50 people have been reinstated in military service," Jafarov continued.

Meanwhile, 10 people convicted of Article 274 still remain in custody.

“We consider these individuals to be defendants in the “Terter case”, and their cases cover 2017-2018 and the charges are similar (allegedly they turned over fellow soldiers to Armenians for sexual violence and subsequent blackmail).

On the other hand, six of these 10 people were tortured by those arrested for these acts. Despite numerous appeals to law enforcement bodies, the re-investigation of these 10 persons and their release have not yet been ensured," Jafarov continued.

As for the punishment of the torturers of the victims, 17 people were brought to criminal responsibility for the use of torture. Five are accused of torturing the military of the Second Corps, 12 of the First.

The highest-ranking among them was the former chief of staff of the Second Corps, Major General Bekir Orujev.

Among the accused are also the commander of the unit, officers with the ranks of colonel, major, including the assistant commander of the first corps.

"Unfortunately, many other persons whose names were mentioned among those who were behind the torture, and in particular the former commander of the First Army Corps Hikmet Hasanov, have not yet been brought to criminal responsibility," the human rights defender concluded.—06B-