Baku/16.05.17/Turan: On Tuesday, May 16, the judge of the Administrative Economic Court No.1, Museib Bayramov, actually broke the trial of the Director of the Turan news agency against the head of Azersu OJSC, Gorkhmaz Huseynov.
At the beginning of the meeting, the judge asked Aliyev: is the statement of claim remaining valid? Having received an affirmative answer, Bayramov asked to arrange a reply in writing, which was done. After that, he went out for a minute and entered, announcing that the claim had been dismissed due to improper drafting.
Asking the question from Aliyev why such a decision was made, Bayramov said that the claim should be drawn up on behalf of the agency to the organization, and not from a private person in the person of Aliyev to a private person represented by Huseynov.
In response, Aliyev noted that he is the director of the agency, and Huseynov is the company's head. And when composing a request, he can not send it to an unnamed defendant. Everything is done in accordance with the subordination.
Aliyev accused Bayramov of disrupting the court session and refusing to receive a response to the information request, which according to the Law on Freedom of Information the respondent had to reply within 7 working days.
Aliyev reminded Bayramov that at the previous meeting on April 24 he did not raise the issue of drafting a claim and in the presence of the plaintiff called Azersu, and asked to provide a response to Aliyev's information request before May 16. But not any answer was presented.
In this case similarly acted the judge Tahir Asadov was acting at the meeting on February 22. The trial was held after the urgent demand of the director Turan.
The information request was sent to the head of Azersu on July 27, 2016 in connection with the preparation of the material on the construction of an "immoral water pipe" by the state company Azersu for a couple of high-ranking officials in the settlement of Buzovna. One of them is the head of the State Committee, and the second head of the executive power of one of the districts of Baku.
The agency wrote two articles on this topic, achieving a suspension of construction.
On October 11, 2016 the Agency appealed to the Administrative Economic Court ¹1, to get an answer in the manner prescribed by law (Freedom of Information Act, about the fight against corruption, administrative offenses, the Administrative Procedure Code), but the letter was lost in court.
On December 5, 2016 the agency repeatedly appealed to the court. A judge Tahir Asadov on the same day, referring to the Code of Administrative Procedure, sent a letter to Azersu, calling on the company to submit to the court a response to the information request from Turan agency.
A month later, the Director of the Turan Agency MehmanAliyev reminded the judge Asadova about the absence of a response, and asked to appoint a judicial trial.
On January 9 Asadova again sent a letter asking for an answer, stating that there was not answer for her request sent on December 5. And again, at the insistence of Aliyev on January 25 Asadova appointed a hearing on February 22, and at that trial she rejected the suit.--0--
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