The Court of Appeal upheld the arrest of Azerbaijani lawyer Gahramanov.

An Azerbaijani appellate court has remanded lawyer Zabil Gahramanov in custody. His colleagues consider Gahramanov's case politically motivated.

As reported by the "Caucasian Knot," on October 25, the Ganja City Court ordered three months' pretrial detention for Zabil Gahramanov. He is charged under Articles 221.2.2 (hooliganism committed with resistance to a government official or another person) and 178.2.4 (fraud committed with significant damage) of the Azerbaijani Criminal Code. He faces up to seven years in prison under these charges.

On October 28, the Ganja Court of Appeal dismissed the appeal against the arrest of lawyer Zabil Gahramanov, relatives of the lawyer told the Caucasian Knot correspondent.

"Zabil and his lawyers stated that the charges were unfounded, pointing out the illegality of the criminal case and the Ganja City Court's decision to pre-trial detention. Zabil said that the arrest was related to his professional legal activities. "Zabil said he was arrested for publicizing the abuses committed against citizens held by the Ganja police," said a relative of Gahramanov.

However, according to him, the appellate court dismissed the appeal and remanded the lawyer in custody. "The hearing lasted five hours and ended late in the evening, around 10 o'clock," added the relative.

Gahramanov's defense attorney, Saadat Seyidli, alleged that the lawyer's rights were violated after his arrest. "After his arrest, Zabil Gahramanov's rights were grossly violated. He was not allowed to contact his family or even his assigned lawyer. He suffers from diabetes and was denied access to his medications. Gahramanov was initially charged with hooliganism related to the incident in the Goygol district. "We insisted that the Ganja police, due to their territorial jurisdiction, had no right to investigate this case. Zabil Gahramanov also pointed out the bias of the Ganja police chief against him. But despite our protests, the Ganja prosecutor rejected them and left the case under review by the Ganja police. We filed a complaint against the Ganja prosecutor's decision with the Prosecutor General, but so far there has been no response," Seyidli said.

According to her, to justify the Ganja police's investigation, Gahramanov was charged with fraud two days after his arrest. She noted that this charge is also "absurd." Specifically, Gakhramanov is accused of promising to resolve a case favorably after receiving money from a client, but failing to do so.

"Lawyers are free to enter into contracts with clients and receive remuneration from them for their services. And according to the Law on Advocacy and the contract for services, a lawyer is not obligated to make promises or guarantee a favorable resolution in the client's favor. Therefore, accusing Gakhramanov of 'making a promise and failing to fulfill it' is absolutely absurd. Moreover, Gakhramanov, being a professional, experienced lawyer, never made such promises," Seyidli continued.

Gakhramanov's other lawyer, Babek Gamidov, said that no grounds were presented in court for the charges of hooliganism and fraud against the lawyer. "We filed a motion to question the victim. Much of what the victim said during the confrontation with Gakhramanov was not reflected in the investigator's report. "The testimony included in the confrontation report does not match the victim's initial testimony. Therefore, due to these discrepancies, the court should have heard the victim. However, our motion was denied. The court also failed to provide a legal assessment of the fact that the incident took place in Goygol, not Ganja, and that the investigation was initiated in violation of territorial jurisdiction," Gamidov noted.

Agil Laij, a lawyer not involved in the case, believes this criminal case is fabricated and politically motivated. "Zabil Gahramanov kicked the man who attacked him at the car wash in self-defense. "A complaint was immediately filed against him, and he was detained two hours later," Laidzh told a Caucasian Knot correspondent, pointing to a planned provocation against Gahramanov aimed at punishing him for his professional activities. Another lawyer, Fariz Namazli, also believes that Gahramanov's case is "politically motivated." "Gahramanov's case should not be viewed as the arrest of one individual lawyer. It clearly demonstrates the human rights situation in Azerbaijan and how lawyers act under pressure. Yes, a number of lawyers in Azerbaijan have previously been accused of fraud and other crimes. However, the arrest of Zabil Gahramanov is particularly noteworthy because in this case, the case is linked to the lawyer's independent position, his professional activities, and his uncompromising stance against lawlessness by law enforcement agencies in the region where he works. "Therefore, his arrest is clearly politically motivated," Namazly's lawyer told a Caucasian Knot correspondent.

He noted that over the past year, lawyers have been "systematically restricted in their ability to speak publicly, participate in politically motivated cases, and criticize the activities of judicial and investigative bodies."

"The position of the Bar Association's leadership and the discussions in the Milli Majlis regarding the 'regulation' of lawyers' media appearances clearly demonstrate that the goal is to control lawyers' voices and suppress their critical opinions. Under these circumstances, the arrest of Zabil Gahramanov should be viewed not as a purely 'legal issue,' but as a dangerous precedent in the judicial and legal system." "After all, the prosecution of a lawyer solely for his professional activities, his defense of the rule of law, and his opposition to lawlessness by law enforcement agencies is a message to all lawyers," he added.

Gahramanov's arrest coincides with a period in which approximately 30 independent journalists and civil society representatives have been arrested in Azerbaijan on various charges over the past two years, Namazli continued. "Just as journalists and civil society representatives are under pressure today, tomorrow the same fate could befall lawyers handling political or other sensitive cases," Namazli said.

It should be noted that on October 10, speaking in parliament, a member of parliament from the ruling New Azerbaijan Party declared that lawyers' appeals to the press were unacceptable. "The function of a lawyer is not to disseminate false information in newspapers and online television. Azerbaijan is a state governed by the rule of law, and in this state governed by the rule of law, the rule of law must apply to everyone, regardless of their identity," the APA news agency quotes Novruzov as saying.