Consideration of Journalist’s Claim for Removal of Criminal Record Postponed

Baku / 19.12.19 / Turan: Consideration of the appeal of the chief editor of the Basta website, Mustafa Hajibayli, about removing his criminal record began in the Binagadi district court of Baku on December 19.

The presence of unserved probation and criminal record does not give the journalist the right to participate in the extraordinary parliamentary elections scheduled for February 9th.

According to Hajibeyli, the case is being considered by Judge Farid Amraliyev. “I was assigned a lawyer by appointment, Rafig Humbatov. But I myself justified my statement. I pointed out that the verdict against me has no legal basis and was adopted on a political order, because of my professional journalistic activities,” Hajibeyli said.

 On the other hand, the law allows early termination of a criminal record.

According to Hajibeyli, the response to the court’s request from the execution and probation department of the Binagadi district was announced at the trial.

It states that since the term for the execution of the suspended sentence has not expired, the provision to him of the characteristic that he has been corrected is “impossible”.

“I honestly believed that the court today will make either a positive or a negative decision. However, the state prosecutor Zaur Efendiyev asked for 5 days to develop a position. The judge adjourned the hearing until December 24th. Perhaps there is still no political decision on my admission or not admission to the elections,” Hajibeyli said.

According to him, delaying the trial limits his ability to participate in the election campaign.

So, even in the case of a positive decision, he will need at least five days to receive the signature sheets, and the deadline for the delivery of signature sheets expires on January 10.

It should be noted that according to the decision of the Constitutional Court of January 13, 2010 on the interpretation of Article 71.1 of the Criminal Code of Azerbaijan, a person sentenced to probation can apply to the court to eliminate the conditional punishment and to remove the criminal record.

* On July 9, 2018, the Prosecutor General’s Office opened a criminal case on the dissemination of “false information” and “illegal calls” on the Internet in connection with the attempt on the head of Ganja Elmar Veliyev and the energy blackout in Mingachevir, when almost all of Azerbaijan was left without power supply.

After that, the prosecutor’s office appealed to the Ministry of Communications to block the websites “bastainfo.com”, “criminalaz.com”, “topxeber.az” and “fia.az”.

At first, Hajibayli passed as a witness. However, on November 30, he was transferred to the status of the accused. In particular, he was charged under articles of the Criminal Code: 281.2 (appeals against the state), 309.2 (abuse of power) and 313 (forgery). With respect to the editor, a preventive measure was chosen in the form of a transfer under police supervision.

The verdict against the journalist was condemned by the OSCE Representative on Freedom of the Media, Arlem Desir, Reporters Without Borders and other international organizations. -06C--