Fatullayev's defense in Baku considers the arrest of already imprisoned journalist absurd

Today the Appellate Court of Baku passed a judgment of selecting a preventive punishment in form of arrest for journalist Einulla Fatullayev who had already been convicted for accusation of illegal storage of drugs and is currently in custody. His attorney called the judgment an "absurd" one.

Fatullayev himself linked today's judgment with the forthcoming on November, 11, session of the Plenum of Supreme Court which had to execute the decision of European Court of Human Rights (ECHR) of Fatullayev's release from custody for previous accusations. The journalist thinks the authorities' intention of further keeping him in prison is hidden behind the judgment of his arrest.

A reporter of "Caucasian Knot" informs that in the beginning of today's session attorney Isahan Ashurov solicited for deferment of the trial for he received an official notice of the session only the day before and had had no time to get ready for it.

Fatullayev also said he had not received any official notice at all and only early in the morning he was woken up in the investigative isolation ward and told that he "had to go to court". He reminded that according to the Code of criminal procedure, there should be a notice of the trial fifteen days before.

Chief justice Mirpasha Guseinov replied that this rule was valid for first instance court only and the case was currently being heard in the Appellate Court of Baku.

The judge then asked whether Fatullayev had a challenge to the constitution of the court and the journalist answered emotionally and excitedly that he had a challenge to "the whole Azerbaijani state which had no independent court at all".

Sahibkhan Mirzoyev, another member of the judicial assembly, rebuked the journalist for speaking "in such a tone".

Magerram Mustafayev, state prosecutor, solicited for Fatullayev's arrest as preventive punishment. He gave a reason that Garad district court had brought a judgment concerning Fatullayev without defining arrest as form of preventive punishment. The judge granted the request.

Attorney Isahan Ashurov expressed his indignation with the judgment estimating it as "ignoring the regulations of criminal procedure legislation by the court" and walked out in protest.

Fatullayev asked the court to hold up the hearing for he had remained without an attorney.

The judge, however, continued the session. Fatullayev indignantly called this "lawlessness and arbitrary rule" and called for the judges "to respect themselves and stop being playthings in the arms of executive authorities carrying out their political orders".

After a break the judge announced the final verdict without defining the term of Fatullayev's "arrest". He only declared that the following session would be held on November, 22.

The judges and the state prosecutor refused to comment on today's trial.

In his telephone talk with a reporter of "Caucasian Knot" attorney Ashurov said that such a preventive punishment for a person who had already been sentenced was absurd and against the law.

Ashurov thinks that no matter which reasons for keeping Fatullayev in custody law enforcement bodies and the court think of, his further imprisonment after the verdict of ECHR on his release will be illegal all the same.