Baku Appeal Court leaves blogger Gadjiev in custody

On February 27, the Baku Court of Appeal (BCA), chaired by Judge Vagif Mursaglov, dismissed the complaint of Bakhtiyar Gadjiev against denial of his release under conventional early relief (CER).

After serving one-third of his sentence, Gadjiev filed a request for his CER. On December 29, the Garadag District Court at its travel session held in Colony No. 14 dismissed his request. Then, Gadjiev filed a complaint against the decision of the first instance court.

The reason for rejecting Gadjiev's CER was in his negative characterization made by the administration of Colony No. 14, where he is serving his sentence, said Intigam Aliev, the head of the group of Gadjiev's advocates and the leader of the Legal Education Society (LES).

"The court session was attended by a colony official, but he gave no compelling arguments and only repeated the reasons set forth in the characteristic about "Bakhtiyar Gadjiev's non-participation in sporting events and his evasion from work," said Aliev.

According to his story, Gadjiev said at the session that no sporting events were held, except for playing football on a dirty pitch once a week. "When prisoners have their bath once a week, there's no reason to play football on the dirty pitch," Aliev has quoted Gadjiev.

As for the work, according to Aliev, there is no legitimate paid employment in the colony.

"However, even if there were conditions for sports and employment, it is the right of the prisoner to enjoy them or not. If he doesn't want to go in for sports or to do work for money, it can't be regarded as a breach of discipline and the reason for denial of CER. The current trial process has once again demonstrated the political nature of Gadjiev's case prejudiced attitude of the authorities to him," the lawyer Aliev has stated.

The administration of Colony No. 14 refused from comments, citing the fact that their position was outlined at the court session.

Now, Bakhtiyar Gadjiev intends to file a complaint to the Russian Supreme Court and then to the European Court of Human Rights (ECtHR). His first claim on the merits of his criminal case has already been sent to the ECtHR in Strasbourg.

Meanwhile, fellow students of Gadjiev, who is a graduate of the Harvard University, are expanding the campaign in support the activists in America and Europe.

In particular, the American Committee in Defence of Rights of Youth Activist Gadjiev, Convicted in Azerbaijan has launched a new campaign of collecting signatures in his support.

His fellow students have also addressed the US Secretary of State Hilary Clinton asking for her help in releasing the prisoner. The letter was signed by students, alumni and faculty at Harvard.