In Baku, trial of journalist Fatullaev postponed indefinitely

Today, the Baku Court of Appeal (BCA) refused to change the journalist Fatullaev's freedom restriction measure - arrest - for release on bail or home arrest.

Currently the BCA is considering journalist's appeal complaint against the decision of the Garadag District Court of Baku, which sentenced him on July 6, 2010, to 2.5 years in prison for drug storage.

The "Caucasian Knot" correspondent reports that at the beginning of today's hearing, the presiding judge of the BCA Mirpasha Guseinov announced that Fatullaev had temporarily refused from his advocate Isakhan Ashurov because of his preoccupation. At the same time, Fatullaev is still defended by advocates Elchin Sadygov and Rashid Gadjily.

Mr Fatullaev has noted that by decision of the Supreme Court of November 11 he was rehabilitated.

"The only reason for keeping me in custody is your decision of November 5 to restrict my freedom by arrest," said Fatullaev addressing the judge.

After this Fatullaev's phrase, the judge turned to the journalists, who were making notes by hand (audio and video recording was all banned by him whatsoever): "Who has allowed you to write?"

The journalists and Fatullaev expressed their outrage and regarded the judge's behaviour as a "restriction of the freedom of the press." After that, the judge did not prevent to fix the events in writing.

Next, Fatullaev and lawyer Sadygov offered to release the defendant on bail in the amount of 11,000 manats (13,200 US dollars).

"The size of the bail on charges related to the crimes, which pose no great public threat, should not be less than 5000 minimum wages. Since the charges against Fatullaev fall into this category of crimes, we ask the court to release the journalist on the minimum bail, that is, 11,000 manats," said Sadygov.

However, Prosecutor Magerram Mustafaev opposed the consideration of Fatullaev's petition, saying that the defence had filed an appeal against the decision of November 5 on arresting Fatullaev. "Prior to consideration of the cassation complaint, consideration of the petition is unreasonable," said Mustafaev.

Lawyer Sadygov has objected to the prosecutor, noting that the response to the cassation complaint from the Supreme Court had not yet arrived.

The court, after a brief meeting, rejected the petition without any justification of the decision.

After that, Fatullaev's another petition - to place him under home arrest; however, the judge dismissed this petition either.

Further, he announced a break in the litigation for an indefinite period, since the defence had lodged a cassation complaint against the decision of the preparatory session of the Court of Appeals to arrest Fatullaev.

In the opinion of Emin Guseinov, Director of the Institute for Reporters' Freedom and Safety (IRFS), the court's refusal to release Fatullaev on bail is another evidence of the "political nature" of this case and the "reluctance of the authorities to release the unwanted journalist." "It's not a dangerous criminal-recidivist, who will hide from the investigation," said Guseinov.