Charges Against NIDA Activists Absurd

The charges against seven NIDA activists and Free Youth are absurd and politically motivated. The so-called evidence was gathered in violation of the law, and some of that is rigged. Therefore, the case should be dismissed, and the young men released. That was the general opinion of lawyers on November 5 at the preparatory meeting in the Baku Court of Grave Crimes.

According to the indictment, in February 2013 NIDA members Rashad Hasanov, Bakhtiyar Guliyev, Uzeir Mammadov, Rashadat Akhundov, Zaur Gurbanly, Shaheen Novruzlu, Mahammad Azizov and Ilkin Rustamzade "in order to disrupt the political stability and to paralyze the activities of government agencies," agreed to organize a rally on Fountain Square.

To create a riot, resist the police, highlight the destructive forces and encourage young people to engage in illegal actions, the defendants planned to use "Molotov cocktails" and smoke bombs, according to the investigation.

Advertising the meeting through Facebook for March 10, Guliyev, Novruzlu and Azizov found information on the Internet about the manufacture of "Molotov cocktails" and repeatedly discussed the involvement of young people in their action over the Internet.

From gasoline and mineral oils, they produced 20 half-liter bottles of "Molotov cocktails". Two explosive devices using powder were filled by 10-mg syringe that was tied to the bottles.

For the "increased activity" of the protesters, Guliyev, Novruzlu and Azizov bought hashish and marijuana from an unidentified source, says the investigation. On March 7, police raided the apartments of the accused and seized drugs, explosives and money.

Ilkin Rustamzade and Bakhtiyar Guliyev also were accused of "immoral acts on a bronze sculpture on the boulevard," where they stripped to the waist, swinging their arms and legs to show a cause motion and did not obey the orders of the employees of the Boulevard. Moreover, according to the investigation, they took "these acts of hooliganism on video and posted them on March 1, entitled "Harlem Shake - Park Boulevard" on Youtube.com".

During the preparatory meeting, Judge Javid Huseynov announced the result of the charges brought against the defendants, which differed from the original. Rashad Hasanov, Rashadat Akhundov, Zaur Mammadov and Uzeyir Gurbanly are charged under articles 28 , 220.1 (preparation of a crime - the organization of mass disorders ) and 228.3 (illegal purchase, transfer, sale, storage, transportation or carrying of explosives and explosive devices in an organized group) of the Criminal Code.

Mahammad Azizov and Shaheen Novruzlu are charged under articles 28, 220.1, 228.3 and 234.1 (illegal purchase or storage without a purpose of selling drugs in quantities exceeding those necessary for personal consumption).

Bakhtiyar Guliyev is charged with articles 28, 220.1, 228.3, 234.1, and 221.2.1 (hooliganism committed by a group of persons) and 221.2.2 (hooliganism associated with resistance to a person acting for the protection of public order or stop violations of public order).

Ilkin Rustamzade is charged under articles 28, 220.1, 228.3, 221.2.1 and 221.2.2. If convicted, the young defendants face imprisonment for up to 12 years.

During the meeting, the lawyers of the defendants petitioned to dismiss the criminal case or replace the arrest by house arrest. In this case, lawyer Rashid Hajily made ??a general request from all the defenders to exclude a number of pieces of evidence from the case; then there will be no grounds to prosecute the young people.

In an interview with Turan, Hajily said that in mid-February, DHS, acting on some "intelligence" took a sanction of the court to inspect the apartments of Guliyev, Novruzlu and Azizov.

Therefore, DHS had no search warrant for the March 7 search. A search may be conducted only after the criminal case is filed, but by that time, the criminal case was not filed, as well as the search warrant issued by the court.

When conducting a search suspects should be able to invite their lawyers, which was not done. Because of all these illegal activities, they "discovered" "Molotov cocktails" and drugs in their flats. All the charges against the defendants were built on this," said Hajily.

In addition, the investigation alleged seizure of "Molotov cocktails." However, this fluid is a mixture of incendiary, not explosive and cannot bring charges under Article 228, the lawyer Asabali Mustafaev said. It was after this the investigation added two bottles with syringes with gunpowder to the "evidence". However, when these bottles were shown on television, and their picture in the papers, there were no syringes with gunpowder.

Hajily also pointed out that according to the investigation, the defendants agreed on February 28 to protest against the soldiers' deaths on March 10.

The reason for this was the death of a soldier Seymour Allahverdiev, but information about it appeared only on March 1. How in this case, the defendants could assign the protest and plan riots already on February 28?" asked Hajily.

In addition, the action took place on March 10 and no riots or even attempts were recorded there.

As for the charges of disorderly conduct, the Harlem Shake dance in the form of a flash mob is performed around the world and cannot be considered a criminal offense, he added.

The court's decision on the applications will be announced at the next hearing, which is scheduled for 15:30 on November 14.

Note that the preliminary hearing on the case of the youth activists was held in an atmosphere of great public support. More than 200 youth activists and members of opposition parties and human rights activists came to the courthouse.

As a public defender, the former presidential candidate of the National Council Jamil Gasanli came to the court. The young people welcomed his appearance with applause.

Asked to evaluate the possible outcomes of the trial, Gasanli suggested that the government would make the case to the subject of bargaining with international organizations.

Representatives of the embassies of the United States and Germany also observed the process.

Amnesty International recognized all the arrested young men as prisoners of conscience. -06c-