The court accepted a lawsuit against a public activist

Baku / 22.08.20 / Turan: The Neftchala District Court accepted a lawsuit as a private criminal charge against a public activist Vafa Nagi, a member of the municipal council of the village of Khol Garagashli,. The plaintiff in the case is the chair of the village council, Alibala Salimov, who demands to punish Nagi on charges of insult and defamation.

A statement of claim, referring to Nagi's posts on Facebook, it is argued that she allegedly damaged Salimov's business reputation and humiliated his dignity. Therefore, he demanded to bring her under the Article 147.1 (libel), 147.2 (libel in the commission of a serious crime) and 148 (insult) of the Criminal Code of Azerbaijan.

After several postponements, a preparatory hearing on the claim was held in the Neftchala District Court on August 21, chaired by Judge Ali Tagiyev.

At the beginning of the trial, Nagi and her lawyer, Neimat Karimli, asked the court to refuse the plaintiffs to accept the case.

“The plaintiff and his lawyer, on the contrary, asked to accept the claim for consideration and oblige me not to leave the territory of the village until the end of the trial. The judge suggested that I remove posts about Salimov, calling him a "respected" person. In this case, the judge promised me assistance in reaching a "settlement agreement". I certainly gave up on this. If a person is involved in corruption, how else to call it? I did not offend anyone. My allegations of corruption are based on complaints from local residents. Residents and I sent 60 complaints to law enforcement agencies about the facts of corruption in the municipality. Unfortunately, they were not properly reviewed, and no investigation was conducted," Nagi said.

She believes that they want to intimidate her and silence her with criminal prosecution.

According to her, the judge decided to accept the case for consideration and scheduled a hearing on the merits for August 27. However, the court did not impose restrictions on her movement.

“I am not happy with the trial. The judge behaved like Salimov's lawyer. He instructively told me: "You can write posts, but you cannot offend anyone's honor and dignity." That is, he, even without having held hearings on the merits, has already given his assessment of the claim and showed his bias. I have no illusions about the fairness of the court, but I do not intend to retreat either," Nagi said.

Karimli's lawyer in court stated that the claim was unfounded.

Salimov, being the head of a municipal village, is a public figure and should be more tolerant of criticism.

Nagi's publications comply with the freedom of expression guaranteed by the European Convention on Human Rights.

On imputed charges, Nagi faces a fine of 1,000 to 1,500 manats ($ 600-900), or community service for a term of two hundred and forty to four hundred and eighty hours, or correctional labor for up to one year, or imprisonment for up to six months.

Earlier, Salimov told the media that he did not commit illegal actions at the disposal of municipal property. –021B06