The hearing was held in the afternoon, following the hearing in the case against human rights activist Rasul Jafarov. The courtroom was smaller and gloomier than the one where Jafarov’s trial was held. There were about 20 seats in the room and the audience could see only profiles of the accused person, lawyers and prosecutor. As for the judge, he was seated so he had full overview and control of the room.

Representatives of local and foreign non-governmental organisations and the German Embassy in Baku attended the trial. Intigam Aliyev was led into the courtroom shackled but the bailiff removed them when Aliyev arrived at his seat. The audience greeted the human rights defender with applause, the judge answered by demanding two witnesses to leave.

Questions about payments

The judge asked alleged victim, Gulnar Mehdiyeva, about the salary she had received from Intigam Aliyev. She stated she had received 300 manat though 895 manat was written in the tax document. The woman confirmed the initial testimony she had given to the preliminary investigation as well as authenticity of her signatures on the documents.

Witness Yavar Shahbazov told the court he had worked with Intigam Aliyev since 2011 and had received honoraria for his work. However, he did not remember the exact amount.

The prosecutor showed him the payment proof and asked whether he used to receive this money.

Aliyev objected to this question, saying that the payment schedule is false, prepared by the accountant who stole the money and is now a witness for the prosecution in this case. Therefore, no questions should be asked about this schedule.

The Court denied the objection and went on questioning the witness. It was revealed that the payment proof indicates 500 manat, while the payment schedule indicated 900 manat. Aliyev stated that the schedule was inaccurate.

Exit and applause

Intigam Aliyev’s 23-year-old daughter also attended the trial. The accused categorically opposed interrogation of his daughter. The daughter was questioned during initial investigation and as her father recalled the questions had no connection to the accusation against him.

The judge and the prosecutor claimed the daughter could make a statement, without being questioned. After a short discussion, the daughter refused to make a statement.

Intigam Aliyev accused the prosecutor and the judge of demanding his daughter to make a statement against her father and told her: “You wish to study abroad in the frame of the state program but it will be impossible because you are my daughter. If you wish to be a lawyer, your dream will not come true because you are my daughter!”

In reply to that the judge told the her that, as a citizen of Azerbaijan, she could enjoy all rights and will even get a job in public service. However, people sitting in the courtroom laughed at the judge’s statement. Finally Aliyev’s daughter refused to make a testimony and people showed their appreciation of her decision when she left the hall.

Doubts about submitted proof

Next, the prosecutor stated that he is not happy with the grant agreements and their registration proof, submitted by the defense lawyer and presented at the previous hearing. He demanded the defence side to request documentation from the Ministry of Justice. The defence lawyers replied that the notary confirmed all documents and there were no grounds to be suspicious about them. Article 42 and the Human Rights House Tbilisi retrieved this proof.

The defence lawyer said that the notary in Georgia approved the documents submitted and there was no reason to question their authenticity. Aliyev also objected, stating that the Ministry is not independent from the state and that they will do everything the prosecutor will ask them to.

The judge interrupted the human rights defender and told him to keep to the case.

At the end of the trial, Intigam Aliyev said regardless the fact his organization was registered or not at the Ministry of Justice, there is no legal ground for the accusations against him. ““There is no greater injustice than that which is perpetrated in the name of the law!” said the accused human rights lawyer and the audience applauded as he was led out of the courtroom to be taken back to his cell.

Intigam Aliyev’s next hearings will be on 14 April 2015. Observers organised by the Human Rights House Tbilisi will be there to observe and report.  

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Intigam Aliyev

Intigam Aliyev is a lawyer specializing on political rights and freedoms with up to twenty years of experience in the field of human rights in Azerbaijan.

Intigam Aliyev is a prominent human rights lawyer and the president of the Legal Education Society, an independent Azerbaijani non-governmental organisation, founded in 1998 and aimed at achieving the development of legal consciousness and legal culture in the society of Azerbaijan.

The organisation is engaged in defense of human rights, preparation of strategic litigation cases, training of lawyers and human rights education.

Aliyev was arrested 8 August 2014 and has been in detention since. The official charges against him is illegal entrepreneurship (Article 192.2 of the Criminal Code of Azerbaijan), evasion from payment of taxes (Article 213.3), abusing official powers (Article 308.2). 

Human Rights House Foundation, Amnesty International and others have declared him to be prisoner of conscience and call for his immediate release.