ECHR Admits Violation of Huseyn Abdullayev�s Rights

Baku / 07.03.19 / Turan: The European Court of Human Rights (ECHR) granted the complaint of the former MP, businessman Huseyn Abdullayev in the first criminal case against him.

As stated in the decision of the ECHR, in March 2007, Abdullayev had a fight in parliament with another MP (Fazail Agamaly), who filed a complaint with the prosecutor's office. Ultimately, Abdullayev was prosecuted and sentenced to two years in prison on probation in May of the same year.

The Court of Appeal upheld his conviction in August 2007, rejecting the motion to check the videos. The appeal was also unsuccessful.

Before his arrest, Abdullayev suffered from spinal hernia, which intensified during his pre-trial detention. However, doctors found him healthy enough to be held in custody.

Abdullayev complained of a violation of his rights under Article 3 (prohibition of inhuman or degrading treatment). He also found a violation of his rights under Article 6 (right to a fair trial).

In his view, the courts did not examine the video evidence and arbitrarily applied the law. He also filed complaints under articles 3, 5, 6, 9 and 10 and restrictions on the right to leave the country.

However, the ECHR found a violation of the rights of Abdullayev only under Article 6 (the right to a fair trial) and decided that he should be awarded a monetary compensation of 2,500 euros.

* In 2013 Huseyn Abdullayev emigrated from Azerbaijan after his conflict with the authorities. After that, a criminal case was initiated against him on tax charges.

On April 22, 2018, he was detained in Turkey, where he arrived from Germany, and extradited to Azerbaijan.

Abdullayev is also charged under Articles 192.2.2 (illegal business with the extraction of large income), 178.2.1 (fraud), 178.2.2, 178.2.4, 182.2.1 (extortion by threats by prior conspiracy of individuals), 182.2.2 (the same actions committed repeatedly ) and 182.2.4 (the same actions committed with causing major damage to the victim) of the Criminal Code.

On February 1, the mother of the accused, Zeyneb Abdullayeva, appealed to President Ilham Aliyev to show humanism and mercy towards her son. She asked to take into account her old age and serious health problems of Abdullayev himself. -06D-

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