Lawyer of Mehman Aliyev appealed against the decision of the Yasamal court

Baku/04.09.17/Turan: An appeal was filed against the decision of the Yasamal district court in the case of Mehman Aliyev, the director of the Turan news agency on August 31. The talks is about a court decision that rejected the defense's complaint about the unlawfulness of the investigator's decision on Aliyev's arrest on August 24. The lawyer of the journalist Fuad Agayev explained in an interview with Turan, that Aliyev was detained as a suspect on August 24 at 18:20; and the investigator referred to Article 147.2.1 of the Code of Criminal Procedure (CCP) discerned "suspicions" that Aliyev committed a crime. "The investigating authority was also based on Article 148.3.1 of the CCP. According to this rule, the investigator can detain a person only if he tries to hide from the scene of the incident, or hide from the body that is carrying out the trial," the lawyer continued.

However, in the case of Aliyev, the decision to detain was absolutely illegal. "In the complaint we brought irrefutable evidence of this. Mehman Aliyev did not hide from the investigation, repeatedly came to the interrogations, did not attempt to hide from the investigation, and did not even think about it, because he is absolutely sure of his innocence," the lawyer said. Therefore, the defense believes that the investigator's decision on detention was based on fictitious arguments, and did not comply with the norms of the law. Nevertheless, the Yasamal District Court rejected and recognized as lawful the investigator's decision of August 24.

" The judge Huseyn Safarov considered the detention of Mehman Aliyev on August 24 legal, because the next day the court chose a measure of restraint in the form of arrest. However, the judge had only to investigate whether Mehman Aliyev was trying to hide from the investigation or not. The court refused to assess the contrived arguments of the investigator. The court was to investigate the complaint of detention on the basis of evidence that occurred before this event, and not after the fact," said the lawyer. In this regard, the defense filed an appeal against the decision of the Yasamal Court of August 31.

* Mehman Aliyev was detained on August 24. The next day he was charged under the Article 213.1 (tax evasion), 308.1 (misuse of official powers), and 192.2.2 (illegal business with the getting large income) of the Criminal Code. The court elected a preventive measure against him in the form of arrest until November 7. Aliyev rejected all accusations, and called them politically motivated. International organizations condemned Aliyev's arrest and called for his immediate release. The US State Department also called for the immediate release of Mehman Aliyev. Concern about the arrest of Aliyev was expressed by the French and British Foreign Ministries, urging the Azerbaijani authorities to comply with their international obligations in the field of human rights. -03B06-