Lawyer: “The Court Has Not Conducted Any investigation”
The court investigation into the case of public activist Afiaddin Mammadov, who has been in detention since September 2023 and is the head of the “Work Desk” Trade union Confederation, has been completed. On January 7, at the Baku Serious Crimes Court, the prosecutor requested that Afiaddin Mammadov be sentenced to 10 years of imprisonment.
During the court session, presided over by Judge Sabuhi Huseynov, before the prosecutor’s speech, Afiaddin Mammadov’s lawyer, Zibeyda Sadiqova, raised numerous motions. The lawyer stated that in order to issue an objective and fair verdict in this criminal case, the court must necessarily grant these motions and reveal the truth.
For this reason, it is necessary to investigate what happened after Afiaddin Mammadov was detained on September 20, 2023, and brought to the 34th police station of the Khatai District Police Department. He claims that despite not stabbing anyone, he was framed and arrested. After being taken to the police station, he was beaten, laid on the ground in handcuffs, and forcibly given a knife. This way, fingerprints were artificially left on the knife. If the court obtains the station’s camera footage, it could investigate whether what he says is true.
The lawyer also filed a motion for the court to obtain the footage from the “Safe City” cameras in the area where Afiaddin Mammadov is alleged to have stabbed Safar Huseynov, as well as from nearby objects’ cameras. The defense stated that in other cases, the investigation immediately uses such footage as evidence on its own initiative. However, in this case, despite the defense’s motions, the footage has not been presented. Therefore, the lawyer requested that the judges obtain these images and conduct an objective investigation. They should determine whether Afiaddin Mammadov actually stabbed Safar Huseynov or not.
The defense also added that while there is a scar on Safar Huseynov’s body, they believe it is from another surgery. Therefore, the defense raised a motion to investigate his medical history. Another motion by the lawyer was about hearing additional witnesses.
The prosecutor objected to all the motions raised by the lawyer. The court also did not approve any of the motions. Later, Judge Sabuhi Huseynov discussed the issue of completing the court investigation. Lawyer Zibeyda Sadiqova objected. The defense stated that none of their motions were granted: “In this situation, the court investigation cannot be completed. Because the defense has been left in a really bad situation. The court has not conducted any investigation. It has just accepted what the prosecution presented.”
Afiaddin Mammadov also objected. However, despite the objections, the judges, Sabuhi Huseynov, Eldar Ismayilov, and Cavid Huseynov, decided to conclude the court investigation. The prosecutor then proposed that Afiaddin Mammadov be sentenced to 10 years of imprisonment. The court proceedings will continue on January 14, with the defense’s closing statement.
On August 1, 2023, members of the “Work Desk” Trade union Confederation, along with a group of moped-riding couriers, protested against the police taking their vehicles to the impound lot. Soon after the protest ended, Afiaddin Mammadov was arrested near his home and sentenced to 30 days of administrative detention. On August 4, Elvin Mustafayev was arrested on drug charges, and a week later, Ayxan israfilov was also arrested on similar charges.
After serving his 30-day sentence, Afiaddin Mammadov was released at the end of August, but he was re-arrested on September 20. This time, he was accused of injuring a person named Safar Huseynov with a knife while walking near the “Hazi Aslanov” metro station.
In his statement at court, Afiaddin Mammadov said that he did not know the person named Safar Huseynov. He explained that the incident did not happen on Mahammad Hadi Street as claimed in the indictment, but when he was leaving his building:
“I left home around 4:40 AM. I was going to a wedding. As I exited the building, a man approached me, accompanied by a woman. He grabbed me by the collar. He had a knife in his hand. I tried to take the knife from him. At first, I didn’t understand what he wanted, but then I realized it was a provocation, and they had set me up, just like they had done with Samir Ashurov. He punched me in the face, my nose got injured and started bleeding. I fell to the ground and also injured my back. I have undergone an examination. Then I noticed that he was hurting himself. About three minutes later, the police arrived.”
Afiaddin Mammadov has been charged under Articles 126.2.4 (causing serious bodily harm with intent to commit hooliganism) and 221.3 (hooliganism – using a weapon or an item as a weapon). The public activist Afiaddin Mammadov has previously been arrested multiple times on charges of resisting the police. However, he claims these charges were fabricated and that he is being punished for his public activities.
After being released at the end of August from his 30-day detention, he had stated that officers at the Baku City Police Department had demanded he provide the password for his phone. He refused to comply and was tortured as a result.
