Gasimov case (narrative)

GASIMOV CASE (List)

Elchin Gasimov, one of the main figures of the Muslim Unity Movement, was arrested by police officers on his way home from a mosque in the evening hours and taken to Sabunchu District Police Office. On 6 November, Sabunchu District Court sentenced him to 30 days of administrative detention, charging him with resisting police. Baku Court of Appeal upheld the sentence.

On 27 November, a day after the operation carried out in Nardaran, which was 22nd day of his arrest, Gasimov faced criminal charges for the actions that had caused administrative detention. He was sentenced to pre-trial detention as an accused person on a criminal case (in fact, he was twice prosecuted for the same action). Shortly afterwards, he faced the same charges brought against some of the persons arrested in Nardaran settlement (see the cases of Baghirzade and others above). A gun was claimed to have been found by the search of his house.

Elchin Gasimov lodged appeals to courts of higher instances regarding the pre-trial detention sentence against him. As his appeals were not granted, he turned to European Court of Human Rights (ECtHR). ECtHR registered his application with No. 30813/16.

Gasimov and his relatives stated that, similar to other arrested persons, he had been subjected to torture and inhuman treatment as well; they filed complaints to the Ombudsman’s Office and other institutions. But these complaints were not properly examined.

Gasimov and his lawyers say he and his supporters were subject to torture and inhuman treatments. These concerns were addressed to Ombudsman Institution and law-enforcement bodies of the country. However, no meaningful investigation of the torture allegations has been conducted. The pre-trial sentence of Elchin Gasimov was extended on 20 September 2016 by Nasimi District Court to 26 December 2016.

Several other cases related to Nardaran case were united with the case of Elchin Gasimov and sent to the Baku Grave Crimes Court.

Charges brought up within this case (see individual sentences in each case):

28 and 214.2.1 (preparation to terrorism, that is, the perpetration of an explosion, arson, or any other action (act of terror) endangering the lives of people, causing damage to their health, causing sizable property damage, or entailing other publicly dangerous consequences, if these actions have been committed for the purpose of violating public security, frightening the population, or exerting influence on decision-making by governmental bodies and international organizations, and also the threat of committing said actions for the same ends, when committed by a group of persons on a prior arrangement, an organized gang or a criminal union/organization)

28 and 214.2.3 (preparation to terrorism, that is, the perpetration of an explosion, arson, or any other action (act of terror) endangering the lives of people, causing damage to their health, causing sizable property damage, or entailing other publicly dangerous consequences, if these actions have been committed for the purpose of violating public security, frightening the population, or exerting influence on decision-making by governmental bodies and international organizations, and also the threat of committing said actions for the same ends, when committed by a group of persons on a prior arrangement, anorganized gang or a criminal union/organization, when committed with use of firearms or objects used as a weapon),

214-2 (public calls for terror),

220.2 (Calling for active insubordination towards legal requirements of representatives of the authority and to mass disorder, as well as violence against citizens),

228.3 (Illegal purchase, transfer, selling, storage, transportation and carrying of fire-arms, their accessories, supplies (smooth-bore hunting weapon and supplies thereof excluded) or explosives, committed by an organized gang), 228.4 (illegal purchase, selling or carrying of a gas weapon, cold steel, as well as a throwing weapon, except for places where carrying of a cold steel is an accessory of a national suit or is connected to hunting),

233 (organizing actions causing violation of public order or active participation in such actions)

278 (actions aimed at usurping state power or forcible retention of power in violation of the Constitution of the Republic of Azerbaijan, as well as forcible change of constitutional structure of the state),

279.1 (creation of armed formations or groups, which are not provided for by the legislation of the Azerbaijan Republic, and also participation in their creation and activity, supplying them by weapon, ammunition, explosives, military hardware or military equipment),

279.3     (creation of armed formations or groups, which are not provided for by the legislation of the Azerbaijan Republic, and also participation in their creation and activity, supplying them by weapon, ammunition, explosives, military hardware or military equipment, leading to death of people or other grave consequences), 281.2 (Public appeals for the violent capture of authority, violent deduction of authority or violent change of constitutional grounds or infringement of territorial integrity of the Azerbaijan Republic, as well as distribution of materials of such contents, committed repeatedly or by a group of persons),

283.2.3 (Incitement of national, racial, social or religious hatred and hostility, humiliation of national dignity, as well as restriction of citizens’ rights, or establishment of the superiority of citizens on the basis of their national, racial or religious background, committed publicly or through use of mass media, by an organized gang)

320.1 (forging a certificate or another official document providing rights or exempting from duties, in order to use or sell that document, as well as making for the same purposes, or selling forged state awards of Azerbaijan Republic, stamps, seals, forms), 320.2 (deliberate use of forged documents indicated in Article 320.1 of this Code),

221.2.2 (Hooliganism, committed by resisting a representative of authority or another person implementing his duty to protect the public order or preventing a violation of public order) and

315.1 (Violent resistance to, a representative of authority in connection with the exercise of the latter’s official duties, or use against the close relatives of such a representative of authority of violence which does not pose a danger to their life or health, or the threat of use of such violence.

Baku Grave Crimes Court (chairing judge Mayil Bayramov) sentenced Elchin Gasimov and Agaali Yahyayev to 15 years loss of liberty (each), Nahid Gahramanov 13 years, Isa Ibrahimov, Farhad Muradov, Elgun Akhundov, Vusal Alishov and Seyfaddin Shirvanov to 12 years 6 months (each), Alibay Shahbazov, Seymur Aslanov, Ramil Aliyev and Amirali Aliyev to 12 years 3 months (each) loss of liberty.