The "Terter case": What kind of justice can we talk about if the generals are not brought to justice?

A trial has begun in the criminal case of a group of servicemen of four defendants in the "Terter case" accused of using torture. In the Sumgayit judicial complex, at the first session of the Baku Military Court, curious details were revealed in the proceedings of which this case is located.

It should be noted that the case of three groups has been sent to the Baku Military Court and transferred to judicial proceedings, the investigation of which has already been completed. On March 14, a preparatory meeting was held on the criminal case of 4 accused – servicemen of the Nth military unit Rustam Aleskerov, Ramil Garayev, Vusal Aleskerov, Rashid Niftaliev.

The victim, Raphael Emchiev, stated in his petition that the organizers of the terrible crimes remained on the sidelines. Another victim, Elmin Orujev, made a motion to bring to criminal responsibility the superiors of the corps in which terrible tortures were arranged: "In this case, the investigation was not conducted objectively and in detail. The organizers of these tortures are at large. Bekir Orujev was arrested, but the commanders of the corps where torture was used, the commander of the corps, Lieutenant General Mais Barhudarov and the former commander of the corps, Major General Hikmet Hasanov, were not brought to justice, were not interrogated and they were not confronted. This criminal case has not been fully investigated."

Why have the above-mentioned generals and high-ranking officials involved in the commission of this crime not yet been brought to the investigation?

Deputy Chairman of the Center for Research against Torture, human Rights activist Nasir Aliyev answers questions from ASTNA on this topic.

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Question: Are the victims right to demand the involvement of generals in the investigation in court?

Answer: It was to be expected that the victims would demand the involvement of generals in the investigation in court. Because the victims made demands and filed petitions on some issues before the newly created investigative body in the Prosecutor General's Office. One of their main demands was precisely the arrest of high-ranking officers involved in this case.

Their demand is absolutely fair. And it should be not only about Hikmet Hasanov and Mais Barkhudarov. All persons whose names are mentioned in this criminal case, as well as officials of the Ministry of Defense responsible for this area, officials of the Military Prosecutor's Office who investigated this case in 2017, doctors who gave a false conclusion, and judges presiding over the process in this case, should be involved in a judicial investigation.

Question: Who patronizes Mais Barkhudarov and Hikmet Hasanov, whose names are mentioned during the trial, as well as other high-ranking officials involved in this case? Why are they being protected?

Answer: The victims mentioned Zakir Hasanov, Khanlar Veliyev and other high-ranking officials in their testimony in the media. The fact that these people are not removed from office creates an opportunity for them to defend the defendants.

High-ranking officials who are guilty or responsible for the commission of this crime, but have not yet been brought to justice, protecting those brought to justice, in fact, protect themselves.

Question: Is it possible to involve Mais Barkhudarov, Hikmet Hasanov, as well as other high-ranking persons involved in this case in the investigation? What will happen otherwise?

Answer: The investigation is ongoing. Therefore, I would not like to express any opinion in advance. However, the new investigation has been going on for one year and three months. And the fact that during this time the generals, with the exception of Bekir Orujev, were not brought to justice causes concern among the victims and in society. In any case, Hikmet Hasanov and Mais Barkhudarov should be brought to justice. Because a fatal crime occurred in the corps headed by them. The extent of their responsibility will become clear when they are brought to the investigation. What kind of justice can we talk about if they are not brought to justice? If they are not brought to justice, new appeals to the courts will follow. If the local courts do not give the expected results, that is, if justice is not restored, then appeals to International Courts will follow.

Question: What needs to be done to fully solve this case? What steps should be taken? What can be done to ensure that justice prevails and not to drop the authority of the army?

Answer: For a full, comprehensive, and fair resolution of this case, first of all, political will must be shown. If the political leadership does not show the will, an objective solution to this case is impossible. Because it would be, at least, naive to hope for the courts that conducted the “Terter case". But if justice does not prevail, then the struggle that we have been waging for 5 years will continue. This is necessary to wash away the stain from both the army and the people of Azerbaijan. The army is the backbone of the state. Any person who has committed arbitrariness, corruption in the army should be punished. What happened in Terter and the surrounding areas is a crime designed to destroy and discredit the army. And the destruction and discrediting of the army means undermining the authority of the state. It is for this reason that this criminal case must be thoroughly and objectively investigated to the end.