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Baku/02.06.22/Turan: Zabit Badalov, an activist of the Agsu region branch of the "Musavat" Party, was arrested on 1 June for 8 days on charges of "failure to execute a court decision". The Musavat Party told Turan that Badalov was accused of failing to pay a loan to a bank.
In 2014, while serving in the Defence Ministry, he took a loan of 3.000 manats. He subsequently paid off two thousand manats, but was unable to repay the rest due to redundancy and lack of sources of income.
In 2017, a court ordered him to pay the debt. At the same time, in 2018, Badalov obtained compensation of 15,000 manats from the Ministry of Defence through the court, but this decision was not executed.
The Party believes that the bank debt is just a pretext. The real reason for the arrest is Badalov's opposition political activities. The local police had earlier warned him, demanding that he stop criticising the region leadership.
Badalov is an active member of Musavat and ran for the Parliament in 2020, the Party said.
Law expert and lawyer Akram Hasanov said that under Article 528.1 of the Administrative Offences Code, a debtor may be fined or arrested for one month for failing to comply with a court order. "However, the Article stipulates that the punishment is possible for non-compliance with the decision 'for no good reason,'" Hasanov said.
In 2012, the Constitutional Court interpreted the issue of what cases can be considered "good cause" for non-execution of court decisions in administrative and criminal cases concerning debt disputes.
According to the CC's decision, a "good reason" exempting a debtor from punishment is the debtor's lack of material capacity, Hasanov said.
"In Azerbaijan there have been frequent cases of bank debtors being arrested. In 2016, I submitted complaints to the ECHR from three of my clients which were consolidated in one proceeding. On 22 July 2021, the ECHR upheld the complaints of all three applicants and ordered monetary compensation to be paid to them," Hasanov said. The lawyer is leading a number of other similar cases before the ECHR and in these cases the government has already offered the applicants a settlement with compensation. -06В-
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