/articles/eav102709.shtml
Tuesday, October 27, 2009
CIVIL SOCIETY
AZERBAIJAN: SUPPORTERS OF YOUTH ACTIVISTS CAST COURT DELAYS AS A RIGHTS
VIOLATION
Jessica Powley Hayden 10/27/09
After a two-week delay, the high-profile trial of two Azerbaijani youth
activists resumed briefly on October 27 before the judge ordered a 10-day
adjournment. Supporters of the jailed duo contend that the repeated and
lengthy delays constitute a human rights violation. Some experts, meanwhile,
assume the verdict will be dependent on a political decision and suggest
that authorities have yet to settle on a way to wrap up the proceedings.
Twenty-six-year-old Adnan Hajizade, a co-founder of the OL (To Be) youth
movement, and 30-year-old Emin Milli, a co-founder of the online Alumni
Network, were arrested on July 8 on charges of hooliganism after they
allegedly started a brawl in a Baku cafe. The defendants have continuously
maintained their innocence, and have asserted that the charges against them
are politically motivated. []. International organizations have called on
the Azerbaijani government to release the men. [For background see the
Eurasia Insight archive].
The pair’s trial began on September 4 with scores of supporters in
attendance. In the nearly two-months that have elapsed since then, however,
only a handful of court sessions have occurred. As the proceedings drag on,
fewer supporters are gathering at the courtroom to hear testimony and
provide moral support for the defendants.
The October 27 hearing began with the testimony of yet another police
official who was working the night of the alleged altercation. The officer,
who registered the defendants at the ninth police district, attempted to
distance himself from any association with the defendants. When asked by
defense lawyer Isakhan Ashurov whether he asked Hajizade or Milli why they
had come to the police station, the officer replied, "That’s not my role."
[For background see the Eurasia Insight archive].
One witness, the director of the café, has failed to appear on numerous
occasions and is allegedly suffering from health problems. She was absent
again on October 27, and the prosecution sought to delay the trial until she
is well enough to take the witness stand. Defense lawyer Ashurov argued it
was within the court’s power to subpoena the witness, adding that it was
improper to delay the trial so long in order to obtain her testimony.
Judge Araz Huseynov ordered court representatives to investigate the
witness’s health, and then scheduled the next trial session for November
6.
The lengthy adjournment prompted ire and frustration among the defense team
and its supporters. The date will mark the start of the youth activists’
fourth month of confinement.
Some observers suggest the drawn-out proceedings are indicative of
behind-the-scenes political uncertainty. Delays in legal proceedings in
Azerbaijan can be normal. However, given the simple legal claims at issue
and the political overtones of the case, some see ulterior motives. The
underlying assumption among many people following the trial is that the
proceedings are not based on the law, but on the decisions of officials who
want to punish Milli and Hajizade for activities that supposedly undermined
governmental authority.
"There hasn’t been any reasonable explanation about [the delays] from the
authorities," said Nick Enz, public relations coordinator for the Baku-based
Institute for Reporters’ Freedom and Safety. One plausible scenario is that
the court processes are being further drawn out because "there is no final
political decision on the [youth activists] yet," Enz suggested.
Others expressed hope that the government was looking for a face-saving way
to wrap up the trial with an acquittal. "There might be a double game in
place," commented Arzu Geybullayeva, an Azerbaijani blogger who has followed
the case closely. She believes that by keeping the defendants behind bars
throughout the lengthy trial, the government may be trying to impose a de
facto sentence on them. Thus, if the trial ends in a not-guilty verdict,
officials can nevertheless feel that they have sent a tough message to Milli
and Hajizade to restrain their criticisms of the government.
According to legal experts, unduly delaying a trial violates the right to a
fair hearing guaranteed by Article 6 of the European Convention on Human
Rights. The Baku court has "deliberately dragged out the court trial" and
"repeatedly violated Article 6," said Leyla Yunus with the Baku-based
Institute of Peace and Democracy.
"This legal trial chaired by Araz Huseynov strikingly indicates the
dependence of the judicial system on the executive power, and the use of
trials for political pressure on dissidents and repressions, particularly
against freedom of speech, thought and self-expression," Yunus added.
While the trial in Azerbaijan remained in an apparent holding pattern,
Reporters Without Borders released it annual press freedom index. Azerbaijan
was ranked 146 out of 175 countries — lower than both Armenia and Georgia.
The October 10 report stated that Azerbaijan’s "[press] situation continued
to be really worrying."
Editor’s Note: Jessica Powley Hayden is a freelance reporter based in Baku.
Posted October 27, 2009 © Eurasianet
From: Emil Lazarian | Ararat NewsPress
