At the trial of activists NIDA court rejected the defense motion

Baku/11.04.14/Turan : In the Baku Court of Grave Crimes, April 11 continued the trial of activists of NIDA. By tradition, the family and the comrades of the accused were in the hall and greeted them with applause.

During the meeting were discussed first defense motions put forward yesterday. Thus, the defense insisted on the exclusion of the Facebook correspondence and cellular phone records illegally extracted by the MNS from the evidence.

This was motivated by the fact that the MNS actions were not sanctioned and therefore the operational search activities cannot be considered legitimate.

However, the prosecutor said that the investigation did not allow illegal decisions and did not violate the law on operational and investigative activities.

However, the lawyer Elton Guliyev said that the correspondence was seized in violation of the Criminal Procedure Code and the accused Ilkin Rustamzadeh said MNS had violated Article 8 (respect for personal privacy) and 10 (freedom of expression) of the European Convention on Human Rights. According to him, the investigation to extract the correspondence formally had to apply to the administration of the social network and if Facebook refused to do this, it was necessary to apply to the company Delta (backbone Internet provider).

However , the judges deliberately rejected the petition.

The court then proceeded to the examination of evidence. They presented materials related to the execution of the flash mob Harlem Shake, which the investigation considered hooliganism by Rustamzadeh and Guliyev and named it "immoral actions with a bronze sculpture."

"Please show us a picture of the victim sculpture," Rustamzadeh said with irony.

The judge read out the answer from the Baku mayor's office to the prosecutor in connection with the notification of the organizers of the protest on March 10.

The letter confirmed the direction of the notification by a group of individuals, including members of movements NIDA, Dalga and OL. However, the mayor's office was not able to answer the organizers because March 8-9 were not working days.

Note that according to the laws, the mayor's office had to respond to the organizers no later than 3 days before the beginning of the action , that is, no later than March 7.

Next the trial should have involved watching video evidence. However, due to lack of the due facilities, it was postponed to April 15.

* All eight defendants were arrested in March and April 2013 on charges of plotting riots during a protest on March 10 against non-combat deaths in the army. They also filed charges of illegal possession of explosives, drugs , and hooliganism. Amnesty International recognized all arrested "prisoners of conscience". - 16D06-

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