Consideration of the appeal of Javid Shiraliyevis  postponed indefinitely

Today in Ganja Court of Appeal in the case of the chief editor of the portal www.7gun.az xəbər Javid Shiraliyev  the defense presented an appeal against the refusal of a repeated trial. In this regard, consideration of the appeal  has been postponed indefinitely. Shiraliyev today appeared in  the court with the sewn mouth, told his lawyer Zabil Qahramanov.

The chief editor of the portal www.7gun.az xəbər Javid Shiraliyev was sentenced on May 22, 2016 to  five years imprisonment by the Serious Crimes Court of  the city of Ganja on charges of extortion by threats (Articles 182.2.1 and 182.2.4 of the Criminal Code.)

Shiraliyev was detained by the Ministry of Internal Affairs  on 30 August, 2014 and taken to the General Directorate for Combating Organized Crime. He was accused of extorting  2,000 manat from  Khankishiyeva Shafiga Ismail qizi in mid-June 2013 together with Asif Akif oglu Orujov by threatening to  make public  a compromising material about the brothel in the cafe Qovlar  in the village of Tatar village  in  Tovuz region, which she rented. Khankishiyeva claimed that before his arrest of  Shiraliyev, she gave him a pre-700 manats. The investigation presented to the court the investigation material, which indicated that Shiraliyev admitted his guilt. However, at the trial Shiraliyev said that the confessed under torture, and abandoned the accusation.

As evidence of the falsification of his case Shiraliyev said that his so-called accomplice Asif Orujov, could not participate in the so-called crime, because  from 11 April, 2012 to 19 October, 2013 Orujov was serving a sentence in the  Punishment Institution N5 (jail-settlement) of the Justice Ministry's Penitentiary service. From 1June  to 30 June Orujov was registered in the  place of punishment. On June 10  he was punished for violation of discipline, and on June 20 he was punished and placed in a punishment cell for five days. Orujov said during the investigation, was beaten by members of the Interior Ministry and  General Directorate for Combating Organized Crime. During the preliminary investigation, the protection presented printouts of telephone calls to mobile operators, confirming that Shiraliyev did not speak on the phones with Shafiga Khankishiyeva.

The Department of Tax Crimes at Ministry of Taxes  on 15 January 2015 formally notified the  investigation that until 31 December, 2013  “Tatar” café did not operate in the village of Qovlar in the Tovuz region, and the tax authorities have no information  that Khankishiyeva was a tenant of an object. Local residents have also confirmed that the no cafe with the same functioned there.  There was even an official act.

During the trial, Shiraliyev stated that the preliminary investigation was  prejudiced, biased, with gross violations, and demanded to prosecute officials of the Interior Ministry officials and the Prosecutor General, and to give a legal assessment to their  illegal actions or inaction.

It should be noted that at the end of December 2012 Javid Shiraliyev  was persecuted after conveying  the media information about the violation of  the  rights  of the poet Bakhtiyar Hidayat on the border point  "Red Bridge" on 23 December. After the publications in the press about this, three Customs officers of Tovuz  region threatened Shiraliyev at the Institute's office and on 30 December. In this respect the Institute to protect rights and freedom appealed to the local and international organizations, as well as the Attorney General, the Ombudsman. The cause of the conflict at the customs point became the demand  of Bakhtiyar Hidayat to the customs not delay unreasonably passenger bus. In response to these request the customs officers used physical force against him.  Turan failed to get  a comment in the Tovuz Customs.

Lawyer Qahramanov Turan was told, that the trial court could not prove the  guilt of Shiraliyev, and all testimonies are based on the statements of one person - Shafiga Khankishiyeva, which has problems with the justice system. According to Gahramanova, since a defense motion on the consideration of the appeal to the conduct of the partial re-trial investigation had been rejected, the defense filed against this decision an appeal. Now the Court of Appeal hearing postponed for an indefinite time  the appeal hearing in the Supreme Court. According to the lawyer, in protest Shiraliyev sewed his mouth.-0 ---

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