Plenum of the Supreme Court executed the decision of the European Court in the case of opposition

Today the Plenum of the Supreme Court of Azerbaijan considered the execution of the decision of the European Court of Human Rights (ECHR ) of 2011  in the cases of: ex- MP Panah Huseyn , the leader of the Democratic Party Sardar Jalaloglu , chief editor of the newspaper "Yeni Musavat"  Rauf Arifoglu, chief of staff of "Musavat" party, Arif Hajili .

They were arrested for participating in a protest October 16, 2003 against the falsification  that took place the day before the presidential election. These persons were sentenced to 4 - 4.5 years imprisonment, and  were pardoned in March 2005. On June 26, 2011, the ECHR found a violation of the rights of these persons. In particular, it was stated that in cases not provided impartiality of the court, no measures were taken to protect the rights of the accused.

When considering the appeal and cassation complaints  the  factual and legal evidence of the applicants  were not given, and results of the trial court  were repeated.

ECHR concluded that the rights of the applicants to a fair trial and the presumption of innocence were violated. The court awarded 10 thousand euros compensation for each applicant.

In addition, for  legal costs have been assigned additional compensation , 3200 euros  for Huseyn and  Jalaloglu, 1500 euros for Arifoglu,  and 3000 euro for Hajili. 

According to Turan Jalaloglu, Plenum of the Supreme Court sent the case back for re-investigation to the  Serious Crimes Court.

Jalaloghlu disagreed with the court's decision. When his arrest his household property was damaged,  valuables gems of  spouse amounting $50 thousand.  The ECHR proved the innocence of the applicants. "No crime, no evidence. After the decision of the Serious Crimes Court will be filed lawsuits to prosecute  for attack on our house and demand compensation for damages," Jalaloglu said.

However, he drew attention to the fact that the decision of the ECHR had to be exercised within three months, and in this case - in three years.

The plaintiff's lawyer, Fuad Agayev, told Turan,  that Serious Crimes Court must take into account the violations identified by the  ECHR , which means the inevitability  of acquittal verdict. -03B06-