Azerbaijan: consideration of Bakhtiyar Gadjiev's criminal case on the merits to start on April 19

On April 7 and 8, the Nizami District Court of the city of Gandzha held preparatory sessions to the trial of the youth activist Bakhtiyar Gadjiev, accused of evading army service. Judge Amin Akhundov satisfied only one of the many motions of the defence and released Gadjiev from the cage for the hearings. Gadjiev's advocate Alaif Gasanov claims gross violations of the law.

Mr Gasanov told the "Caucasian Knot" correspondent that the Chairing Judge Amin Akhundov satisfied - at the start of the session on April 7 - only one petition of the defence, having released Gadjiev out of the cage during the hearings. At the same time, the judge banned to video the trial. The judge also dismissed the petition to stop the criminal case against Gadjiev.

The judge also rejected the petition asking to change Gadjiev's freedom restriction measure and release him for the time of investigation. "The court also disregarded our remark about the illegality of Gadjiev's detention in custody, based on the fact that on April 4 his 1-month arrest had expired," lawyer Gasanov continued.

"Only this morning we learned that last night in the absence of advocates the judge extended our client's custody by 5 days more," said the lawyer.

According to his story, the judge today also rejected the defence's motions to send a request to the Constitutional Court asking to interpret the notion of the "alternative service" in the Constitution of Azerbaijan. Earlier, Gadjiev had stated his right to pass the "alternative service"; while bringing him to criminal liability for evading the conscription was, in his opinion, illegal.

Let us note here that adoption of the law on alternative army service is Azerbaijan's obligation before the Council of Europe. However, the authorities protract adoption of this law. As earlier explained by Zakhid Orudzh, a member of the Parliamentary Committee on Defence and Security, "in the conditions, when a part of the country is under occupation of Armenian armed forces, the introduction of alternative service is inexpedient."

Today, in protest against, as they believe, violated rights of their client, Gadjiev's advocates tried to challenge the court. However, this motion was also rejected.

Judge Akhundov appointed the consideration of the criminal case on the merits at 11:00 a.m. on April 19.

Lawyer Gasanov saw "blatant violation of the law" in the actions of the court and called it another evidence of the political nature of this case.

The defendant himself also said, during a break in the session, that the investigation against him is "biased, and there are many ridiculous things in it."

"The materials of the investigation state that I was studying at the Harvard University just with the aim to evade military service. If I was really pursuing such a goal, then why in August 2010 I arrived in Azerbaijan and underwent the military-medical commission?" asked Gadjiev as quoted by the "Turan" Agency.

Gadjiev has confirmed that during his detention he was exposed to "inhuman treatment" and was beaten at the Nizami police station of Gandzha and at the IVS (temporary detention facility). According to his version, in both cases he was beaten after he demanded a doctor and an advocate.

Gadjiev, thanked all the foreign and local organizations for support, as well as the faculty of the Harvard University, who sent a letter to President of Azerbaijan.

"My arrest is an ordered and politically-motivated one; therefore, the case constantly runs into legal problems," Gadjiev said. He believes that the decision of his arrest on March 4 was undertaken by the authorities in order to intimidate young people and to curb their activation.

The Nizami District Court of Gandzha has rejected the accusation of prejudice in Gadjiev's case and violations of his rights, but refrained from any detailed comments, referring to the continued trial.

No comments were available also from the Gandzha City Prosecutor's Office.