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18:00, 18 October 2011

Azerbaijani Court of Appeal cuts sentence to oppositional activist

Today, the Baku Court of Appeal (BCA), chaired by Judge Faig Gasymov, completed its consideration of the appeal in the case of the first group of activists, numbering six persons, who had been arrested in connection with the rally on April 2. The appeal was filed in connection with the verdict of the Sabail District Court dated August 25.

Let us remind you that the defendants were found guilty under Article 233 (organizing or participating in activities that disrupt public order) and Article 186.1 (intentional infliction of damage or destruction of other people's property) of the Criminal Code of Azerbaijan.

The Sabail District Court sentenced Arif Alyshly, an activist of the Popular Front Party of Azerbaijan (PFPA), to three years of imprisonment, non-partisan Elnur Israfilov - to 2.5 years of imprisonment, Sakhib Kerimov (an activist of the PFPA) and Elshan Gasanov (a member of the "Musavat" Party) - to two years of imprisonment, Babek Gasanov and Zulfugar Eivazly (activists of the PFPA) - to 1.5 years of imprisonment.

According to Anar Gasymov, the lawyer of the defendant Elnur Israfilov, despite the defence motion, the court failed to conduct a thorough re-investigation and "considered the complaint in a formal way".

Panel of judges partially modified the sentence of the first instance court to one defendant. In particular, the court, "taking into account the disease" of Elshan Gasanov, reduced his sentence from two to one year of imprisonment. The sentences to five other defendants were left by the BCA unchanged.

The Lawyer Gasymov is disappointed by the BCA's verdict: "It is regrettable that on the Day of State Independence, and, particularly, on the 20-year anniversary of the date of restoration of the Azerbaijani sovereignty, the court made such a harsh verdict to the representatives of the parties, which played an important role in achieving the independence of Azerbaijan."

According to him, an objective trial failed, and the BCA actually duplicated the verdict of the first instance court with a slight change.

"We intend to file an appeal to the Supreme Court appeal and to seek full justification of our clients. They are non-guilty, and they realized their constitutional right to freedom of peaceful demonstrations. If we do not achieve justice in Azerbaijan, we will lodge a complaint to the European Court of Human Rights," Anar Gasymov stated.

Author: Faik Medzhid

Source: CK correspondent

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