Azerbaijan's SC leaves Bakhtiyar Gadjiev in custody

Today, the Supreme Court (SC) of Azerbaijan has considered the cassation compliant lodged by the of opposition activist Bakhtiyar Gadjiev, convicted on charges of evading his regular military service. The complaint states that Gadjiev had a draft deferment because of his higher education and the right to alternative service. However, the SC has upheld the decisions of the first and appellate instances.

Mr Gadjiev himself did not take part in the hearing of his complaint.

According to Judge Imrana Gadjigaibova, the defendant refused to participate in the session. She said that Gadjiev had been notified about consideration of his complaint, but he "expressed no desire" to take part in the hearing.

However, Sadig Bagirov, Gadjiev's advocate, said that on December 5 a telegram was sent to the court about his client's intention to attend the session.

The judge then asked, "What do you think, could a telegram sent yesterday reach the court today?" Then, the judge asked the lawyer whether it was possible to continue the session without Gadjiev's presence. The lawyer did not object.

Next, Bagirov told about the arguments of the cassation appeal, claiming insolvency of the charges.

He also made three motions. The first one asked to send a request to the Constitutional Court on compliance of the Law on Military Service to the Constitution. The lawyer explained that the Constitution of Azerbaijan provides for the alternative service, while the law does not. However, the Constitution has direct action; thus, Gadjiev should have been given an opportunity to exercise this right.

The second petition demanded to recognize the violation of Gadjiev's right to freedom, as guaranteed by Article 6 of the European Convention on Human Rights. In particular, according to the lawyer, the decision to put Gadjiev into custody was taken illegally, based on policemen's evidences, without hearing the arguments of the defence.

The lawyer also claimed a violation in relation to Gadjiev of Article 3 of the European Convention on Human Rights, which is prohibiting torture. According to Bagirov's information, after being detained, Gadjiev was tortured by the police.

Bagirov also reminded that the prosecutor's office had refused to initiate a criminal investigation into Gadjiev's torture.

The judge asked the lawyer, whether Gadjiev's intention to pass the alternative service was caused by the young man's adherence to some other religion. The lawyer said that Gadjiev is an Islam believer, and his desire for the alternative service is not associated with his religious beliefs, but with his constitutional right.

In conclusion, the lawyer Bagirov asked the court to stop the criminal case and acquit Gadjiev.

In his turn, the state prosecutor Makhir Abbasov has noted that although, indeed, Azerbaijan has no law about the alternative service, the country lives in the condition of "undeclared war"; therefore, young people shall take their military service.

The prosecutor Abbasov spoke against all the motions of the defence and dismissed the information about torturing Gadjiev.

He asked the Supreme Court of Azerbaijan to reject the cassation complaint and uphold the verdict of quilt.

After a brief meeting, the judge announced the rejection of the cassation complaint.

Gadjiev's advocate has treated the verdict as illegal. He said that now, after passing through all the judicial instances in Azerbaijan, the young man has the right to appeal to the European Court of Human Rights.