APPEALS COURT UPHOLDS RULING ON AZADLIG EDITOR'S

C O N F I D E N T I A L BAKU 001398

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/23/2017
TAGS: PHUM PGOV PREL KDEM AJ
SUBJECT: APPEALS COURT UPHOLDS RULING ON AZADLIG EDITOR'S
PRE-TRIAL DETENTION

REF: BAKU 1359

Classified By: Pol/Econ Chief Joan Polaschik per 1.4 (b,d).


1. (SBU) On November 22, the Court of Appeals upheld the
Yasamal District Court's November 11 ruling stipulating that
Azadlig newspaper Editor-In-Chief Ganimat Zahid would remain
in pre-trial detention for two months. Zahid was arrested on
November 10 on charges of hooliganism and inflicting minor
bodily harm, based on a November 7 altercation that appears
to have been a set-up (reftel). Elchin Sadikov, one of
Zahid's defense attorneys, reported that on November 10,
Zahid was not permitted contact with his attorneys for
approximately 13 hours, during which time he was questioned
by police and forced to confront the plaintiff. Emboffs,
journalists, and human rights activists were not permitted
access to the November 11 hearing; observers and journalists
were also barred access on November 22.


2. (SBU) By the end of the two-month period, the court must
formally charge Zahid with the crimes and bring the case to
hearing, dismiss the charges against Zahid and release him,
or rule that more time is needed to investigate the case and
extend Zahid's period of pre-trial detention. One of Zahid's
defense attorneys, Rashid Hajili, told us that the domestic
appeals process regarding pre-trial detention has been
exhausted, and that the court can legally extend Zahid's
period of pre-trial detention up to one year based on the
nature of the crimes under investigation. Hajili said that
Zahid's defense team will file a case with the European Court
of Human Rights on the basis of a violation of article five
of the European Convention on Human Rights, which provides
for the right to liberty.


3. (C) In a November 23 meeting with emboffs, Popular Front
Party (PFP) Deputy Chair Fuad Mustafayev expressed his
party's gratitude for the United States' strong role in
speaking out against Zahid's arrest. Mustafayev said that
the Court of Appeals gave "no justification" for upholding
Zahid's pre-trial detention, adding that the party fears
Zahid will receive the maximum sentence once the case is
brought to trial. The PFP believes that Zahid's arrest is
the latest in a series of moves against the party that began
more than a year ago and includes the party's eviction from
its headquarters at 33 Khagani street, the arrest and
conviction of Azadlig satirist Mirza Sakit, and the violent
beating of Azadlig journalist Fikret Huseynli. Mustafayev
also noted that Azadlig has been crippled financially by a
total of more than USD 300,000 in fines resulting from
criminal libel convictions. According to Mustafayev, the PFP
leadership believes that growing GOAJ pressure on the
opposition's media outlets is paving the way for broader
action against the opposition parties in the run-up to the
2008 presidential election. Mustafayev noted that tight
executive branch control over the courts will make it very
difficult for the PFP and other opposition parties to survive
this pressure.
DERSE