At the trial of NIDA activists on April 4 the testimony of the accused was made ??by Ilkin Rustamzadeh.
In the courtroom, members of public support staged a flash mob, wearing masks depicting photos of the defendants. This caused an enthusiastic response as the accused and their families.
The court first considered yesterday's petition from the lawyer Khalid Bagirov, who called for the trial to call new witnesses to confirm that on February 28 the defendants were not at the cafe Venice and did not discuss the plan for organizing riots.
Bagirov also provided media materials, proving that on February 28 nobody was aware of the death of the soldier Seymour Allahverdiyev and therefore protests in this regard could not be scheduled for the given day.
The state prosecutor opposed the motion, after which the judge Javid Huseynov dismissed the petition.
Rustamzadeh said that it was not clear what crime he is accused of.
The state prosecutor Nemat Avazov said that he was "a member of an organized criminal group " and its role was to create an
In his testimony Rustamzadeh said that the call for participation in the action is the realization of the freedom of assembly guaranteed by the European Convention on Human Rights. Azerbaijani legislation does not involve criminal penalties for that and relies only on administrative punishment .
As for the charges such as " illegal possession of explosives ", the charge is based only on the testimony of the accused Shahin Novruzlu that under torture "confessed" that allegedly Rustamzadeh called for riots on Facebook.
On the other hand , the Molotov cocktails withdrawn from Novruzlu are not explosive and flammable and it does not entail liability under Article 228.3 .
On Facebook Novruzlu and Bakhtiyar Guliyev discussed the application of Molotov cocktails, which cannot be subject to criminal prosecution.
Citing the precedent of the European Court , he pointed out that the profile in social networks is privately owned and on statements in it no one can be punished.
Rustamzadeh also filed for bankruptcy and the absurdity of the charges of hooliganism .
So the investigation incriminates Rustamzade organizing dance flashmob Harlem Shake on the seafront and placing the movie on YouTube.
Qualification of hooliganism in criminal law differs from the administrative order and as a result of these actions is applied to someone or physical property damage. In this case, there is no victim. Furthermore, Rustamzadeh said that it does not exist on the video.
He further stated that the investigators knocked out his recognition that the former representative of the U.S. National Democratic Institute in Azerbaijan Alex Grigorievs being homosexual financed projects for the " moral decay of Azerbaijani youth." And the pay for the said movie was allocated exactly by Grigorievs through another defendant, Uzeyir Mammadov.
The day before his arrest (16 May 2013 ) Rustamzadeh was invited to defame Rashad Hasanov and guaranteed the opportunity to go abroad.
In conclusion Rustamzadeh urged the authorities to use worthy methods in the combat. He condemned the show on the television channel ATV by the MP Etibar Huseynov, including the Harlem Shake and video presentation of the accused activists of NIDA as immoral people.
The next court hearing will be held on April 8. -06D-
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