Hafiz Babaly complained about obstacles to access to justice.

The convicted journalist-investigator Hafiz Babaly, involved in the Abzas Media case, reported obstacles in appealing the court's decision regarding his lawsuit against the pro-government TV channel Baku TV. The prison administration refused to accept his application for a cassation appeal, and the deadline for the appeal was missed.

As reported by "Caucasian Knot", journalist-investigator Hafiz Babaly, convicted in the Abzas Media case, has not received the prescribed medications in correctional facility No. 2 for a month and a half. The medical unit administration explains the interruptions in the issuance of medications by an unfinished tender for their procurement.

The journalist-investigator Hafiz Babaly, serving a prison sentence in the Abzas Media case, reported the creation of "procedural and administrative obstacles" for appealing the court's decision regarding his lawsuit against the pro-government TV channel Baku TV.

This concerns a court case for the protection of the journalist's honor and dignity, explained his relative to the correspondent of the "Caucasian Knot". Babaly believes that Baku TV disseminated false information about him, damaging his reputation, in the video report "Anonymous Bank Cards, Encrypted Electronic Channels, Apartment-Offices – For What Purpose?", aired on May 2, 2025.

The journalist filed a lawsuit against the TV channel, demanding a refutation of the false information, public apologies, and the payment of 50,000 manats (about 30,000 dollars) as compensation for moral damages.

Babaly calls the claims of Baku TV absolute nonsense, as he has never smuggled money into the country, noted the journalist's relative. He insists that there could not have been any cooperation with anyone for the purpose of money smuggling, and the stated claims are not based on any credible evidence.

Nevertheless, the Nasimi District Court rejected the journalist's lawsuit, and the Baku Court of Appeal upheld the first-instance decision on April 22, 2026. In violation of procedural norms, the Baku Court of Appeal did not provide Babaly with the text of the decision and posted it on the "Electronic Court" portal after a long time.

The administration of correctional facility No. 2, where Babaly is held, in turn, refused to accept his application for a cassation appeal to the Supreme Court.

"As a result, due to procedural violations and administrative obstacles, Hafiz Babaly missed the deadlines for filing a cassation appeal. However, he intends to continue legal actions against Baku TV and bring the case to the European Court of Human Rights," said the convicted person's relative. He added that Babaly is still not receiving the medications he needs for varicose veins and intraocular pressure in the colony.

Despite missing the deadlines for filing a cassation appeal, Babaly still retains legal options for appeal, believes human rights defender Elshan Gasanov.

"According to the Civil Procedure Code of Azerbaijan, a missed deadline for filing a cassation appeal can be restored by the court if it was missed for valid reasons. One such reason is the untimely delivery of a copy of the court decision to the plaintiff, which deprived him of the opportunity to prepare and file a cassation appeal in a timely manner. In such a case, the journalist has the right to apply to the court with a petition for restoration of the deadline. The Supreme Court may request a receipt from the appellate instance from Babaly or his lawyer confirming the receipt of the court decision. Simultaneously with the petition, the cassation appeal itself must be submitted," Gasanov told the correspondent of the "Caucasian Knot".

He added that Babaly can submit the petition and complaint through a legal representative. Even if the Supreme Court subsequently denies him the restoration of the deadline, the journalist will have grounds to appeal to the ECHR under Article 6 of the Convention (right to a fair trial).

Gasanov reminded that Babaly had previously unsuccessfully sought to protect his honor and dignity by filing lawsuits against pro-government media. For instance, the Narimanov District Court of Baku rejected Babaly's lawsuit against Qafqazinfo.az on May 12, 2025.

"The court decisions on Babaly's lawsuits reveal the bias of the country's judicial system. According to the requirements of the media law of Azerbaijan, information published in the media should not damage honor and dignity, harm business reputation, contain slander or bias, and facts and events should be presented impartially and objectively. Moreover, the law prohibits the publication or dissemination of information about a person's guilt without a legally binding court decision. In Babaly's case, there are signs not only of an infringement on honor and dignity but also of a violation of the presumption of innocence, as publications appeared when there was still no verdict against Babaly," said the activist.

The correspondent of the "Caucasian Knot" was unable to obtain comments from the editorial office of Baku TV, the Baku Court of Appeal, and the Penitentiary Service of Azerbaijan.