Lawyers call on to acquit Rasul Jafarov

At the  trial in the case of  human rights activist Rasul Jafarov  lawyers said final words. Alibaba Rzayev pointed to the invalidity of all charges. The lawsuit was  filed by the Attorney General  "on the fact" of the proposal of the Ministry of Justice, but it was not explained what kind of fact served as the basis for  the lawsuit.  It is unclear why the Ministry of Justice initiated the investigation  in the case of Jafarov and several other human rights defenders, although there are hundreds of NGOs receiving grants for millions amount. The lawyer believes that the criminal proceedings were initiated against the activists who criticized the government.

He further pointed to the inconsistency of the charges under the Article "large scale embezzlement." The investigation alleges Jafarov misappropriated  $150,000 manat received from donors. However, the investigation did not attract these donors as victims.

Furthermore, donors officially declared  they have no claims against Jafarov. As victims  were involved five people who work in the project  of Jafarov. Such disputes are subject to civil litigation, not criminal. But all of the victims said in court that they do not consider themselves victims, and asked them to remove this status. All 13 prosecution witnesses have also shown that grants are used for other purposes, confirming Jafarov’s innocence.

Lawyer called unreasonable statements on  illegal business  and the use of grants without state registration. Until February 2014 legislation does not require registration grants by individuals. And when it was introduced by the new legislation, Jafarov had already implemented grant projects through NGOs with state registration, and  presented  grants for registration to the Ministry of Justice. But even if we assume that Jafarov had violated the law, then not registration of grants provides for administrative responsibility in the form of a fine.

   The lawyer noted the absence of entrepreneurial activity in Jafarov’s actions, since it involves the production of goods and services for profit.

Jafarov was registered as individual taxpayers and paid taxes and its activities do not require licensing.

The other mistake in the criminal case  is an indication of the same amount of 150,000 manat - as  large scale misappropriation,  and income within the illegal business. With the same amount Jafarov was  attributed to tax evasion by 6.200 manat. "Where is the logic? It turns out that the thief must pay tax from  the stolen money," ironically  said the lawyer. He also pointed to the failure of the prosecution under Article 313 (forgery), as it applies to state and municipal taxes.

  The Article 308.2 (abuse of power, resulting in serious consequences) is not justified. Human Rights Club, headed by Jafarov did not have a state registration, that is Jafarov had no job. In addition, the investigation has not clarified what kind of "serious consequences"  is in question.

Taking it into account the lawyer called the lawsuit against Jafarov "absurd, biased, illegal",  and suggested to justify Jafarov on all points of charges.

Lawyer Fariz Namazly drew attention to the presentation of the invalidity of the Club of Human Rights, as illegal. At the same time, he referred to the statement of the Council's support to NGOs Azay Guliyev and an official letter to the government of Azerbaijan in the Strasbourg Court in the case "Ismailov against Azerbaijan", which states that NGOs can operate without state registration.

Namazly also noted that grants are not tax liable. Jafarov personally paid taxes for the payment of his work in projects.

In addition, the investigation did not provide any evidence on misappropriation by Jafarov 146,000 manat, referring only to the bank statements of the receipt of funds. He also proposed to justify Jafarov.

He offered to justify  Jafarov. However, the judge announced a break, and then postponed the meeting for April 15 at 10: 30. —06С-