Elçin Sadıhov və Əvəz Zeynallı
Baku / 11.03.19 / Turan: The Binagadi district court chaired by Farid Amiraliyev hosted a trial on the complaint of Miri Hasanov, chairman of the Council of Elders of the New Azerbaijan Party in the Narimanov district, against the Khural website"s editor-in-chief, Avaz Zeynalli and the owner of a clinic, Shafag Najafova.
At the trial, the judge asked the lawyer of the special prosecutor why he did not attend the trial the last time, and he in turn answered that he was in the Supreme Court. Then the personal data of the special prosecutor was announced. Miri Hasanov stated that he is 80 years old and he has lived in the house since 1976, because of which the conflict with Shafag Najafova has been going on for 2 years now: "For the last time, Najafova filed a lawsuit against me because, according to her, I took part of her object. The court decided to pay her 400 manat. We both were dissatisfied with the decision and filed an appeal. However, this does not mean that someone can insult, or slander. Zeynalov wrote that I planted a garden on the roof. I am the chairman of the Council of Elders at work, but beyond that I"m just Miri Hasanov. Why do they represent me by position, post my portrait on the screen, and photos of my house on the Internet? At this age, I have to go through the courts. I have dedicated my life to serving the authorities."
Then the parties turned to questions. Zeynalli"s lawyer Elchin Sadigov asked Hasanov in what way his protest to Zeynalli"s material is expressed.
- He said that I planted a garden on the roof, and without my permission he distributed my photos and flag photos on the Internet.
- Previously there were your photos on the Internet.
- There were hundreds of them. However, it cannot be done without permission.
Then, the judge asked Hasanov questions and asked him what curses in his opinion are contained in Zeynalli"s material, to which he replied that everything was stated in the lawsuit.
During the trial, it turned out that it was not a preparatory meeting, but a court hearing. Zeynalli stated that the preparatory meeting was postponed and therefore a court hearing could not be held, to which the judge replied that the preparatory meeting was held and hearings were scheduled. Zeynalli, in turn, demanded a court decision.
E. Sadygov stated that he would file a petition to view the camera recording from the courtroom and added that if hearings were scheduled, the accused should have been told their rights and obligations and they had to sign a protocol on this and, in addition, the court should have chosen a measure of restraint against them, which should also be a protocol, and asked for these protocols to be reviewed. The judge replied that he would give the protocols after the meeting. After that, Zeynalli, Najafova and their lawyers filed a motion to dismiss the case, but the court left these petitions without consideration.
However, at the end of the trial, the parties agreed that Zeynalli would withdraw the materials written and shot by him about Miri Hasanov from the Internet, and Hasanov, in turn, would withdraw the statement written in a special indictment. The court, having taken this into account, terminated the proceedings in this case.
Note that the conflict and litigation between Najafova and Hasanov are based on mutual property claims, since Hasanov"s house and the clinic owned by Najafova are next to each other. Recently, Najafova decided to apply to journalists to highlight the problem, which Zeynalli did by publishing an article entitled "Miri Hasanov's garden on the roof of the clinic" on his website. After that, Hasanov filed a claim against Zeynalli and Najafova with the Narimanov district court with a request to convict them in a special indictment order under articles 147 and 148 of the Criminal Code of the Azerbaijan Republic. The court of the Narimanov district dismissed the claim because it does not apply to this district court. After that, Miri Hasanov appealed to the Binagadi district court. -0-
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