Elnara Gasimova's lawyer claimed a violation of the confidentiality of her documents
On February 2, the Baku Court of Appeal (BCA) dismissed a complaint against the refusal to transfer “Abzas Media” journalist Elnara Gasimova under house arrest, her lawyer Aisha Abdel Gadir said pointing out the lack of material and procedural grounds for the journalist's detention. The lawyer also pointed out the unjustified search of her documents on February 1 in the Baku pre-trial detention center-1 by employees of the institution after a meeting with Gasimova.
"I told them that the lawyers' documents were confidential, but they ignored it. They took me to another room and wanted to look at my documents. Thus, they completely violated the confidentiality of the defender's documents," the lawyer noted. According to the Article 7 of the Law "On Lawyers and Advocacy", documents and other evidence collected by lawyers in connection with their professional activities cannot be seized by investigative and judicial authorities.
"However, in violation of the requirements of this law, all documents were read in the Baku pre-trial detention center," the lawyer said. In this regard, she appealed to the Ministry of Justice, the Ombudswoman, and the Bar Association with a request to take measures to restore her rights, including ensuring that a proper investigation is conducted against employees who violated her rights. In her complaint, the lawyer also indicated that
On January 31, Gasimova was not allowed to call in the pre-trial detention center, saying that the journalist was banned from telephone conversations and meetings. However, the investigator's decision to restrict telephone conversations and meetings indicates that this measure does not apply to communication with lawyers.
In addition, the law "On the Rights and Freedoms of persons held in places of detention" also excludes restrictions on telephone conversations between a prisoner and a lawyer.
*Elnara Gasimova was detained on January 13 on charges of smuggling by prior agreement of persons (Article 206.3.2 of the Criminal Code). On January 15, the court chose a preventive measure against her, arrest for a period of 3 months. She became the sixth journalist and media worker involved in the “Abzas Media” case.
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