In Azerbaijan, court rejects CER for blogger Bakhtiyar Gadjiev

Today, the Garadag District Court rejected conditional early relief (CER) from custody of the blogger Bakhtiyar Gadjiev. This was decided by Court's Judge Rashad Mustafaev in the office of the head of Colony No. 14, where Bakhtiyar Gadjiev is serving his sentence.

The "Caucasian Knot" reported that on May 18, the Nizami District Court of Gandzha sentenced Bakhtiyar Gadjiev to two years of imprisonment on charges of evading military service. Later, the Gandzha Court of Appeal and the Supreme Court of Azerbaijan upheld the verdict. The young man rejects this charge and treats it as unlawful. On December 27, it became known that he filed a CER motion.

Intigam Aliev, the head of the group of legal defenders of Bakhtiyar Gadjiev, the head of the "Society of Legal Education" reported that the activist himself had refused to participate in the trial in protest against the fact that hearings were held behind closed doors.

"Until recently, neither Bakhtiyar Gadjiev, no we did not know about the venue of the hearing. Yesterday, I made a phone call to the colony No. 14, and I was told that Bakhtiyar Gadjiev had been brought to the SIZO (pre-trial prison) in Baku, to bring him on December 29 to the Garadag District Court, where the trial will be conducted," said Intigam Aliev.

According to him, today at 10:00 a.m. the lawyers and representatives of the public went to the Garadag District Court to participate in the trial. However, there they were told that the trial would be held in the colony.

"Around 10:30 a.m., Bakhtiyar Gadjiev himself called us and said that they wanted to conduct the trial against him in the office of the colony's head in the presence of the prosecutor and the state-appointed lawyer. He told us that he refused to participate in such a closed trial and left "the courtroom" the head's office," continued Intigam Aliev.

Around 01:30 p.m., Bakhtiyar Gadjiev called Intigam Aliev again and told him that the trial refused to release him on CER.

In this case, Intigam Aliev has stressed that the Bakhtiyar Gadjiev's lawyers were not notified of the trial conduction. According to Intigam Aliev, the management of the colony first "held" Bakhtiyar Gadjiev's appeal to the court and then a notice of the date of the hearing.

Besides, neither Bakhtiyar Gadjiev, nor his lawyers have been previously notified of the venue of the hearing. "This is a flagrant violation of the law," says the lawyer Aliev.

With regard to the decision of the court, then, as Intigam Aliev assumes, the court had no reasons to dismiss the complaint of flagrant Bakhtiyar Gadjiev.

"The prisoner has the right for release on CER after one third of his sentence. Besides, while serving his sentence, Bakhtiyar Gadjiev showed good behaviour and receive no penalties. Bakhtiyar Gadjiev devoted his time in prison to reading and self-education for his further postgraduate studies," said Intigam Aliev.

He has also announced that the indicated violations of Bakhtiyar Gadjiev's rights will be added to his complaint to the European Court of Human Rights (ECtHR). The complaint is ready, and in the nearest future, after making the additions, it will be translated into English and sent to the Strasbourg ECtHR, Intigam Aliev stated.

Personnel of the colony No. 14 refused to comment and recommended to contact the Penitentiary Service.

The Department of Public Relations of the Penitentiary Service stated that "the form of trial is the exclusive prerogative of the court."

The Garadag District Court only confirmed the dismissal of the Bakhtiyar Gadjiev's request for release on CER. At the same time, the Court's Office stated that only Judge Mustafaev himself could comment on the situation, and he was "not at place".