{"id":175096,"date":"2016-04-11T20:26:36","date_gmt":"2016-04-11T20:26:36","guid":{"rendered":"https:\/\/www.meydan.tv\/article\/justice-for-sale-in-azerbaijans-courts\/"},"modified":"2021-10-29T12:59:53","modified_gmt":"2021-10-29T08:59:53","slug":"justice-for-sale-in-azerbaijans-courts","status":"publish","type":"post","link":"https:\/\/www.meydan.tv\/en\/article\/justice-for-sale-in-azerbaijans-courts\/","title":{"rendered":"Justice for Sale in Azerbaijan’s Courts?"},"content":{"rendered":"
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\n By Nurgul Novruz
\n <\/i>\n <\/div>\n
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\n The recent early release of the son of a senior official from prison has highlighted widespread concerns about corruption in Azerbaijan\u2019s judiciary.\n <\/p>\n

\n Ilham Asgerli, the son of the head of the Sabail district of the city of Baku, was responsible for a fatal accident in September 2014.\n <\/p>\n

\n Although he was 16 and did not hold a driver\u00b4s licence, he took his parents\u2019 car and drove off at high speed with his friend Sanan Mirzoyev and the family driver as passengers.\n <\/p>\n

\n The Mercedes veered off its lane and crashed into an oncoming truck. Mirzoyev was seriously injured and died in hospital.\u00a0 Asgerli and the driver escaped with minor injuries.\n <\/p>\n

\n Asgerli was initially sentenced to five-and-a-half years in jail in May last year and the driver of the truck, Ahliman Suleymanov, to six years.\n <\/p>\n

\n Mirzoyev\u00b4s family\u2019s lawyers asked the court to release the innocent truck driver and demanded that Asgerli, the real culprit, be punished.\n <\/p>\n

\n Instead, one month later, the Baku court of appeals left Suleymanov\u00b4s six-year sentence unchanged and reduced Asgerli\u00b4s sentence to three years.\u00a0 In February, he was released from prison.\n <\/p>\n

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\n POWER BUYS INFLUENCE
\n <\/b>\n <\/p>\n

\n Azerbaijan has become increasingly intolerant of political dissent.\u00a0 Dozens of political activists, human rights defenders and journalists have been arrested in recent years on what are widely considered to be trumped charges, ranging from hooliganism and tax evasion to drug possession.\n <\/p>\n

\n According to the Centre for the Monitoring of Political Prisoners, there were 107 political prisoners in the country in February 2016.\u00a0 In mid-March, 13 of the detainees were released, ahead of President Ilham Aliyev\u00b4s participation in the Nuclear Security Summit in Washington.\n <\/p>\n

\n Yalchin Imanov is a lawyer whose clients include imprisoned journalist Khadija Ismayilova and other well-known political prisoners. He said that undue official influence on the courts manifested itself not only through political, but also regular civil cases.\n <\/p>\n

\n In the Asgerli case, all the evidence proved that the official\u2019s son had been solely at fault, he said.\n <\/p>\n

\n \u201cBut the decision ultimately led to his release and the imprisonment of a completely innocent person for a period of six years,\u201d Imanov continued.\n <\/p>\n

\n \u00a0\u201cIn Azerbaijan\u2019s courts, if the case is not decided upon someone\u00b4s orders, it is decided on money.\u00a0 The order is given in political cases and in cases where high-ranking people are involved.\n <\/p>\n

\n \u201cThe high-ranking officials in Azerbaijan are the same rich people who head monopolies and shadow businesses in the country.\u00a0 They can influence the courts through their position and money,\u201d Imanov said.\n <\/p>\n

\n \u00a0\u201cIf it is about regular criminal cases, there is necessarily money involved.\u00a0 A strange trend reigns in our society.\u00a0 Lawyers are mainly needed to conduct bargaining with the prosecutors and judges.\u00a0 There are very few lawyers who do not participate in such bargaining,\u201d he added.\n <\/p>\n

\n These circumstances were used to advantage by a 32-year-old Baku resident, who asked to remain anonymous.\n <\/p>\n

\n \u201cMy brother was involved in a robbery.\u00a0 When he was arrested, we first agreed with the investigator, then with the prosecutor and judge, so that they would treat him leniently,\u201d she said.\n <\/p>\n

\n Her brother could have been sentenced to 14 years in prison.\u00a0 To help him, they sold their apartment, paid first the investigator, then the prosecutor and the judge, doling out about 40,000 manats (over 26,000 dollars).\u00a0 In the end, they were able to knock off six years from the anticipated jail term.\n <\/p>\n

\n \u201cMy brother was sentenced to eight years in prison,\u201d she said.\n <\/p>\n

\n
\n HOPES FOR A MODERN JUDICIARY
\n <\/b>\n <\/p>\n

\n According to Tamara Grigoryeva, a programme officer at Freedom House, Azerbaijan did attempt to establish an independent judiciary after independence and passed the appropriate laws.\n <\/p>\n

\n A presidential decree in 2006 on modernising the judiciary led to the establishment of new courts and courts of appeals across the country\u00b4s regions.\u00a0 An academy was also set up to provide training and certification for judges and lawyers.\n <\/p>\n

\n Last November, at the opening ceremony of a new court building in the city of Sheki, \u00a0Aliyev claimed transparency was increasing, praising the successful strengthening of the country\u00b4s judicial system and implementation of the rule of law.\n <\/p>\n

\n Grigoryeva, however, highlighted serious problems beyond corruption, including a lack of professional judges and specialised first instance courts.\n <\/p>\n

\n \u201cOn top of all these, the main problem of the judicial system in Azerbaijan is that this country is a one-man government, and the courts don\u00b4t make independent decisions,\u201d she said.\n <\/p>\n

\n \u201cIn the past couple of years, we have all seen multiple court cases, including cases against prominent journalists and human rights defenders, where no credible evidence was provided to the court.\u00a0 Yet, these people got ridiculously lengthy sentences,\u201d Grigoryeva continued.\u00a0 \u201cThese fabricated cases were a vivid example of how poorly Azerbaijan\u00b4s judicial system functions and how it\u00b4s nowhere near being independent and just.\u201d\n <\/p>\n

\n Government officials dispute such allegations.\n <\/p>\n

\n \u201cThe courts in Azerbaijan are free and independent,\u201d Aidyn Mirzazade, a deputy for the ruling party New Azerbaijan, told IWPR. \u201cIf a citizen is dissatisfied with any judgement, he can appeal to a higher court \u2013 the court of appeals, the Supreme Court.\u00a0 Pressure on the courts is out of the question.\u201d\n <\/p>\n

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\n COURTS NOW GIVE IN TO OFFICIAL PRESSURE
\n <\/b>\n <\/p>\n

\n Lawyer Alayif Hasanovtold told IWPR that he had referred five civil cases in which pressure from officials had led to unjust sentences to the European Court of Human Rights,\n <\/p>\n

\n “There are many such civil cases, in which the courts under the influence of officials, or basically the local executive structures have rendered completely unfair decisions,” he said.\n <\/p>\n

\n Rasul Mammadov said that his son Sabuhi, serving a four-year jail sentence for hooliganism, had fallen victim to this skewed system.\n <\/p>\n

\n \u00a0\u201cMy son is now in detention because he was in the wrong place at the wrong time,\u201c said his father, explaining how in October 2013 the then-23-year-old had gone to meet a friend.\n <\/p>\n

\n When he arrived, he saw that his friend was involved in a fight and tried to break it up, but ended up getting beaten himself.\u00a0 One of the participants in the fight pulled out a knife and injured three people, one of whom died of his injuries.\n <\/p>\n

\n The father of the man who died, a high-ranking official, insisted that everyone involved in the fight be punished.\n <\/p>\n

\n \u00a0\u201cSabuhi Mammadov knew neither the deceased nor the murderer nor the other participants in the fight.\u00a0 He only knew one of those fighting and that is why he got involved in the fight to separate them.\u00a0 The fact that my client became involved in the fight only by chance was confirmed by all its participants.\u00a0 In spite of this, … he was imprisoned for four years,\u201d said his lawyer, Khalid Bagirov.\n <\/p>\n

\n \u00a0\u201cI understand the grieving father. The man has lost his son.\u00a0 But the punishment of an innocent man will not bring back his son,\u201d said Rasul Mammadov.\n <\/p>\n

\n Some citizens have been driven to dramatic acts of public protest to highlight alleged corruption.\n <\/p>\n

\n On February 27, residents of the village of Kotuklu in the Gabala district in northern Azerbaijan marched to the Agdam district to try to cross into territory controlled by the Armenian armed forces.\n <\/p>\n

\n Azerbaijan and Armenia have been in conflict over this territory, Nagorny Karabakh, since the early 1990s.\u00a0 A fragile ceasefire signed in 1994 effectively froze the conflict without resolving it.\u00a0 There have been periodic outbreaks of violence since the fragile 1994 ceasefire, with the latest and most serious skirmishes erupting on April 2.\n <\/p>\n

\n By crossing into this territory, the 25 villagers could be certain to attract wide attention to their problems.\n <\/p>\n

\n The protestors claimed that relatives of senior officials who lived in their village were exploiting their power to abuse fellow residents. Any villager who stood in their way would be set up by having drugs planted in their house or car.\n <\/p>\n

\n Following their protest, villagers were detained by law enforcement officials and then sent home.\n <\/p>\n

\n \u00a0\u201cTo cross into territory controlled by Armenians on the side of Armenians is an unworthy step for a citizen,\u201d said the lawyer Imanov. \u201cBut bureaucratic chaos and unfair trials have driven citizens to such a state that, out of hopelessness, they do not know what to do.\u201d\n <\/p>\n

\n
\n Nurgul Novruz is the pseudonym of an Azerbaijani journalist.
\n <\/b>\n <\/p>\n

\n
\n The article was originally published on the
\n
\n IWPR website
\n <\/a>
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\n <\/i>\n <\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div><\/p>\n","protected":false},"excerpt":{"rendered":"

Citizens say they are falling victim to a skewed judicial system.<\/p>\n","protected":false},"author":11,"featured_media":54414,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_sitemap_exclude":false,"_sitemap_priority":"","_sitemap_frequency":"","footnotes":""},"categories":[37],"tags":[],"class_list":["post-175096","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","infinite-scroll-item","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-33","no-featured-image-padding"],"acf":[],"yoast_head":"\nJustice for Sale in Azerbaijan's Courts? - MEYDAN.TV<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.meydan.tv\/en\/article\/justice-for-sale-in-azerbaijans-courts\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Justice for Sale in Azerbaijan's Courts? 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