The defense requested the transfer of Ramil Babayev to house arrest

On March 18, the lawyer of Ramil Babayev, arrested in the “Toplum TV” case, filed a petition to change the preventive measure and transfer him to house arrest. Lawyer Aisha Abdel Ghadir also appealed to the prosecutor's office to investigate the inhuman treatment with Babayev and asked the Ombudswoman to intervene to ensure his rights. Babayev's criminal prosecution and his arrest for 4 months were carried out in violation of the rule of law, the defender informed Turan.

So, the journalist was detained on March 6 during a search in the office of “Toplum TV,” after which his apartment was searched.  "During the search, Ramil Babayev demanded videotaping. When he stated on the video that the 2,300 euros "found" in the apartment did not belong to him, but were planted by the police, the shooting was immediately stopped," the lawyer noted.

On March 8, Babayev was charged under Article 206.3.2 (smuggling by prior agreement of a group of persons) of the Criminal Code of Azerbaijan. He was arrested the same day. "The investigation motivated the need for arrest by the fact that while at large he could "leave the country," "hide from the investigation and the court," "re-commit criminal acts," "create obstacles to justice" and "influence witnesses."

However, the statements of the investigative body were based on abstract expressions and no concrete arguments confirming this were submitted to the court, the lawyer's petition says. Babayev denied the accusations and believes that his persecution, as well as the arrests of other persons associated with “Toplum TV,” are aimed at undermining the activities of this media and is a measure of intimidation of the opposition.

The petition indicates a specific violation of the law in the Babayev case. In particular, he was detained without a court decision for more than 48 hours. The investigation did not provide evidence of violations committed by him. The court also did not require material evidence to verify the validity of the appeal of the investigative body.

The lawyer emphasizes that when choosing a preventive measure, the court did not consider the provisions of the Article 5 of the European Convention and the principles of "legality" and "reasonableness of suspicion" arising from it.

The petition also indicates a violation of Babayev's rights under Article 18 of the European Convention. In particular, only 9 people are involved in this case and all of them are connected with “Toplum TV” and the arrests are accompanied by a campaign in the pro-government media to discredit this publication.

Considering the above, the lawyer asks to change the measure of restraint against Babayev to house arrest.  The lawyer also appealed to the prosecutor of the Khatai district in connection with the inhuman treatment of Babayev.

So, on March 8, Babayev and 4 other defendants in the case were brought to court in handcuffs and with their heads bent, which is inhuman treatment. Despite the objections of the lawyers, the police continued to use force against the arrested man.

The lawyer pointed to the precedent decisions of the ECHR, according to which the use of force by law enforcement officers is regarded as a humiliation of dignity and qualifies as a violation of  the  Article 3 (prohibition of torture) The European Convention.

According to Article 26 of the Azerbaijani Police Law, the use of physical force, special equipment or firearms must be proportional to the threat that has arisen.  In this case, the lawyer's client did not resist, obeyed orders.  The lawyer asks the prosecutor to recognize the illegal use of violence by the police and hold them accountable for these actions. The defender petitions to send a request to the Khatai police Department to identify the officers who brought the accused to court. There is also a request to show  video footage of the accused's delivery from the Khatai Court.

The lawyer also appealed to the Ombudsman of Azerbaijan in connection with the violation of Babayev's rights and illegal arrest. It is noted that Babayev suffers from periodic seizures and needs urgent medical intervention. On the other hand, Babayev is studying for a doctorate at the Institute of Philosophy and Sociology of the National Academy of Sciences and the restriction of freedom deprives a young man of the opportunity to study.

The lawyer of another person involved in this case, IDI member Ilkin Amrahov Rovshan Rahimova also intends to file a motion to change the preventive measure against her client to house arrest. Rahimova has already filed a complaint with the prosecutor's office about the inhuman treatment of Amrahov.

* On March 6-8, 9 employees of “Toplum TV” and its partner organization, the Institute of Democratic Initiatives, were detained. They are charged with smuggling foreign currency. Seven people were subjected to pre-trial detention for a period of 4 months, two more were transferred to police supervision.