Judge Suspends Participation of Accused in Nardaran Case Trial

At the Nardaran case trial the judge of Baku Court of Grave Crimes Alovsat Abbasov took an unprecedented decision to exclude all the 18  defendants from participation in the meetings. In protest, the defendants refused of their lawyers, thus expressing entire distrust to the very trial.

It all started with the fact that at the hearing on 30 November the witness, employee of Sabunchu District Police Office Samir Hashimov was rude to the lawyer Nemat Karimli. This caused resentment among the accused. The judge ordered the removal of three accused, leader of the Muslim Unity Taleh Bagirzadeh, his deputy Abbas Huseynov and Jabbar Jabbarov from the hall. After the break, it was reported that 15 other defendants in solidarity with the three removed defendants refused to return to the courtroom unless those three were returned. Judge Abbasov said that the 15 accused were temporarily excluded from participation in the trial for disobedience to the court. 

On Friday, December 2, the accused were brought to court, but were not brought into the hall. When the lawyers asked for how long their clients were excluded from participation in the trial, the judge Abbasov said "as far as the court deems fit."

The judge said that the court received a telegram from the witnesses Movsum Feyzullayev, Zamin Melikov, Nijat Huseynov, Zamir Bunyadov, Imran Nasibov and Alizamin Tagiyev (representatives of those killed during the police raid), who reported they do not want to come to court and confirm testimony at the preliminary investigation. The lawyer Yalcin Imanov questioned the voluntary sending of these telegrams by the witnesses.

He recalled that the witness Yousif Farajov reported that he had been called to Police Precinct No 42 in Nardaran, taken the identity card and told they would send a telegram to the court for him and he should not go to the trial. The lawyers said that after the witnesses from civilians said that the preliminary investigation made them falsely blame the accused under physical pressure, the police began to apply measures to the other witnesses so that they would not come to the trial.

Then the judge announced the completion of hearing the testimony of witnesses for the prosecution and offered the defense lawyers to speak on the issue of additional witnesses. The lawyers said they need to discuss it with their clients. And the trial was suspended.

Back in the hall, the lawyers presented disclaimer by the accused of their services.

According to the lawyer Yalcin Imanov, the defendants have not ceased to trust their defenders, and this step was decided to protest the court. The defendants believe that if the court does not ensure their rights, does not satisfy the defense motion and does not stop offenses of the lawyers by the witnesses, there is no sense in their participation in the trial. If there is no room for the accused, there is no point in the lawyers' participation either.

As Imanov explained, the court has the right to suspend participation of the accused and other participants in the trial. However, this decision must be justified and have a specific time frame, the lawyer said.

As the lawyer said, in the current situation, most likely state lawyers will be assigned to the accused. But the accused have the right to refuse the appointed lawyers, too. In such a situation, without the lawyers and the accused, the trial will lose any meaning.

In the case of the return of the accused to the hall, they can re-invite their lawyers.

Another lawyer Nemat Kerimli explained the extreme measures of the court with the collapse of the charges and with publicizing of illegalities and torture against the accused during the open trial.

In his opinion, the court is now coming to the study of documents and at this stage utter falsification of the evidence will become more apparent. The next meeting is scheduled for December 12.

In the course of a special operation in Nardaran on November 26, 2015 six people were killed in the shooting, including two policemen. Total on the case charges were brought against 80 people, mostly members and supporters of the movement Muslim Unity. They are accused on a number of articles of the Criminal Code: attempt to forcibly change the constitutional system, the creation of an organized armed criminal group and others.

Currently, the Court of Grave Crimes in Baku holds the trial of 18 people accused in the case. Among them is the deputy chairman of PFPA Fuad Gahramanli, who is accused of anti-state calls, inciting religious hatred, and calling for riots. In fact, Gahramanli wrote an appeal to the Nardaran residents on his Facebook page, urging them to defend their rights. -36C06--