The preparatory hearing of the ‘Toplum TV case’ continued at the Baku Court for Serious Crimes under the chairmanship of Judge Azar Taghiyev.
At the beginning of the hearing, the accused journalists attempted to hand documents to their lawyers in court, but the guards did not allow them to do so. The judge stated that they could only pass the documents to their lawyers after the guards had reviewed them.
Farid Ismayilov objected, arguing that the documents pertained to their defense and should remain confidential. The judge then allowed the documents to be handed over without prior inspection by the guards.
In court, the lawyers filed a motion to not extend the detention period of the accused and to return the personal belongings seized during the search. In addition, a motion was submitted to replace the measure of detention with house arrest for the founder of ‘Toplum TV’, Alasgar Mamadli.
Akif Gurbanov’s lawyer, Fuad Aghayev, filed a motion and stated that the extension of the detention period for the detainees was justified by stereotypical statements. A number of decisions made by the European Court of Human Rights regarding pretrial detention also state that the right to liberty should not be violated through the use of template statements and that pretrial detention must be based on credible evidence.
“Leaving aside the innocence of these individuals, it should be noted that they have been detained for over a year, and the charges they face are non-violent crimes. The detention order contradicts both Azerbaijan’s domestic and international obligations. These people should not be arrested or held accountable.”
Fuad Aghayev’s second motion was related to the seizure of electronic devices belonging to Akif Gurbanov’s family during a search of his home. The lawyer stated that an expert opinion had been made on the devices and that copies of the device contents had been created, so the devices should be returned to the family members. This also constitutes a violation of the property rights of Gurbanov’s family members.
Alasgar Mammadli’s lawyer, Fakhraddin Mehdiyev, also filed a motion to change the measure of detention due to his client’s health condition. The lawyer noted that in politically motivated cases, all the accused are subjected to pretrial detention. However, attention should be paid to the individual’s personality, their health condition, family situation, and procedural grounds.
“Alasgar Mammadli suffers from chronic thyroid disease. His imprisonment, particularly its unjust nature, has severely worsened his health. Being in prison prevents him from receiving adequate treatment. Criminal law is based on two principles: justice and humanity. No one should be treated cruelly. Today we see someone with serious health problems in prison. He should be examined and, if necessary, operated on. The families of these people are also suffering. To arrest someone is to arrest their family. The claim of obstructing the investigation is just a pretext, a vague accusation. Each time I meet him, I see him feeling down and suffering from headaches. As a human rights advocate, witnessing this causes me great distress.”
The judge did not grant the motions to change the measure of detention or to terminate the criminal case, but stated that he would take control of the situation regarding the family’s property and conduct an investigation.
The next court hearing is scheduled for May 19.
Toplum TV Case
The “Toplum TV case” began on March 6, 2023, with searches conducted at the editorial office of the online television channel “Toplum TV” and the office of the Institute for Democratic Initiatives.
Criminal cases were launched against “Toplum TV” employees Farid Ismayilov, Elmir Abbasov, Mushfig Jabbar, Institute for Democratic Initiatives head Akif Gurbanov (also the spokesperson of the Third Republic Platform), along with Ali Zeynal, Ramil Babayev, and Ilkin Amrahov, on smuggling charges, and they were placed in pre-trial detention.
On March 8, 2024, Ruslan Izzatli, a founding member of the Third Republic Platform, and Alasgar Mammadli, co-founder of “Toplum TV,” were also arrested on the same charges.
In total, 9 individuals have been prosecuted in connection with this case.
Pre-trial detention was imposed on 7 of them, while Farid Ismayilov and Elmir Abbasov were released pending trial.
They were initially charged under Article 206.3.2 of the Criminal Code (smuggling committed by a group in prior collusion).
The defendants assert that their arrest was politically motivated, with the true aim being to suppress independent media and stifle critical voices within the country.
On January 17, 2025, the investigation into the “Toplum TV case” was concluded.
New, more severe charges were added under the Criminal Code: Article 162-1.1(illlegal employment without an employment contract), article 192.3.2 (illegal entrepreneurship involving large-scale profits), article 193-1.3.1 (money laundering by an organized group), article 193-1.3.2 (money laundering in substantial amounts), article 206.4 (smuggling by an organized group), article 213.2.1 (tax evasion by an organized group).
In relation to the “Toplum TV case,” journalist Farid Ismayilov, who had been placed under police supervision by a court decision, was arrested on that same day – January 17.
On February 5, 2025, journalist Shahnaz Baylargizi (Huseynova) was detained as a suspect in connection with the case. The next day, Khatai District Court ordered her pre-trial detention for 3 months and 15 days, which was later changed to house arrest on February 26.
Due to increasing pressure, “Toplum TV” ceased its operations inside the country as of February and now continues its work through journalists living abroad.
Since November 2023, nearly 30 journalists have been arrested in Azerbaijan, most of them accused of smuggling.
The majority are employees of Meydan TV, AbzasMedia, and Toplum TV.
The journalists deny all charges, stating that they are being punished for investigating corruption and illegal acts committed by the president and other officials.
