Rasul Jafarov turned to Ali Hasanov

The human rights activist Rasul Jafarov asked the head of the political department of the Presidential Administration of Azerbaijan Ali Hasanov, an open letter calling on the authorities to tighten control over the investigating authorities.

In particular, the activist pointed to the violation of his rights on the basis of fraudulent charges and illegal decision of the court for the arrest.

According to Article 155.1.1, the arrest of the accused shall be selected at the possibility of escape from the investigation.

"Despite numerous visits abroad, I always come back, so it was before the arrest. After participating in the PACE summer session in late June, I returned to Baku, June 29 - July 5, I was in Serbia and Bosnia and Herzegovina, July 6-11 - in Kiev. When I was in Kiev, July 7 the Sabail court ruled the arrest of my bank accounts. Being in Kiev, I was informed that the Prosecutor General's Office conducts an investigation against me. Nevertheless, I did not hide and 11 July returned to Baku," writes Jafarov.

July 16, he turned to the Sabail court so that he was given a copy of the decision on the arrest of bank accounts.

July 28, he departed from Baku to the next trip to Tbilisi, but on July 29 he was detained by border guards at the station Beyuk Kyasik, where he stated that his departure from the country was prohibited by the prosecution July 25. However, at that time, Jafarov was neither suspected nor accused.

July 30 he received a call from the investigator Iqbal Huseynov and invited on July 31 to the Investigation Department of the Serious Crimes Prosecutor General's Office.

"I'm not hiding from the investigation, and 4 hours answered all the questions. After questioning for two hours with my participation there was a search in the apartment where I live (the decision about the search was made July 25). As a result of the search, representatives of the investigation did not find anything and I volunteered to present the documents the investigation is interested in," further notes Jafarov.

On July 31, August 1 and 2 August, he presented the investigation financial and accounting documents on the human rights projects they realized. On August 2, following the last documents, he was detained as a defendant.

Given the fact that he had previously cooperated with the investigation, regularly came to the investigation and submitted all the documents, there was no point in his hiding from the investigation.

According to Article 155.1.2 of the CPC, the need for arrest is provided in case of rendering pressure by the accused on other parties to the proceedings, concealing or falsifying materials or impeding the normal course of the investigation or trial.

In this regard, Jafarov notes that the number of persons involved in criminal proceedings is unclear to him. The criminal case was started April 22, 2014, and already covers the activities of more than 20 NGOs and representatives of NGOs.

It is hard to imagine for 4 months of investigation Jafarov could exert pressure on anyone. Given that Jafarov presented not copies, but originals, there is no longer any need to put pressure on potential witnesses and other participants in the process.

Another reason for the arrest (Article 155.1.3) is re-committing a criminal act, or representing a threat to the public.

However, the charges against Jafarov are such that during the investigation it would be impossible to continue them during the investigation.

On the other hand there is no basis for threats to commit socially dangerous crimes because Jafarov was not charged with serious crimes.

According to Article 155.1.4, arrest may be selected due to the absence in the investigation for unexcused reasons or evading criminal prosecution in other ways.

However Jafarov promptly came over all challenges to the investigation, voluntarily submitted all the interests of the investigation materials, informed about this in the media and social networks, and declared the transparency of his activities.

Article 155.1.5 requires arrest in connection with the possibility of obstruction of the judicial decision. However, in respect of Jafarov there is no penalty.

Article 155.2 considers the severity, the nature and circumstances of the criminal acts alleged against the suspect.

Only one of the charges against Jafarov refers to serious crimes - abuse of power. The other two (tax evasion and illegal business) are less serious crimes.

These charges cover the three-year period of Jafarov’s activity in the field of human rights. He created an NGO for advocacy, and in 2008 received a code of individual taxpayer, not in order to avoid paying taxes and to engage in illegal business.

Even if we assume that the crimes took place, then there is no argument that they were committed with a particular intent.

As a result of alleged acts of Jafarov, no one died or received serious injury, he did not violate anyone's constitutional rights and there are no specific victims or complainants.

One of the articles, "tax evasion" does provide exemptions from liability.

In addition, Article 155.2.2 provides the account identity of the suspect, his age and health, occupation, marital, financial and social situation, including the presence of persons under his care.

Jafarov since 2007 participates in the work of civil society organizations and was an author and performer or a participant in a number of projects beneficial to the community.

He graduated from the University as "lawyer" with good and excellent marks. In 2006-2007 he served in the Army and was discharged with the rank of junior sergeant.

Since 2004, in fact after the death of his father he has been the head and the main breadwinner of the family consisting of his mother and the younger brother.

Jafarov participated in many international forums held by the UN, OSCE, Council of Europe, the EU and other organizations.

Not previously been convicted in relation to him there were no preventive measures are not admitted by the accused and the suspect is not subject to administrative penalties.

In conclusion Jafarov notes that with this in mind in relation to him may well be taken other preventive measures - house arrest, subscription not to leave, or others.

Applications with the appropriate arguments were submitted to local courts.

The letter is addressed to Ali Hasanov, because his department is responsible for relations with civil society. -06D-

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