Baghirzade case (charges)

Baghirzade case

On 25 January 2017, Baku Serious Crimes Court (judge Alovsat Abbasov) sentenced Tale Baghirzade and Abas Huseynov to 20 years imprisonment; Jabbar Jabbarov received 19 years, Rasim Jabrailov 17 years; Alibaba Valiyev, Abbas Taghizade, Ali Nuriyev, Zakir Mustafayev, Abbas Guliyev, Etibar Ismayilov, Agil Ismayilov, Ibrahim Khudaverdiyev, Bahruz Asgarov, Farhad Balayev and Jahad Babakishizade were each given 14 years 6 month each; Ramin Yariyev was sentenced to 10 years of imprisonment.

On 20 July 2017, the Baku Appeal Court (chaired by judge Bayram Amirov) upheld all these sentences.

Baghirzade case (background and narrative) …

Charges

(articles of the 2000 Criminal Code)

120.2.1 – deliberate murder, committed by a group of persons, a group of people on a prior arrangement, an organized gang or a criminal union/organisation;

120.2.3 – deliberate murder of the victim or his close relatives in connection with performance of service or public duty by the victim;

120.2.4 – murder, committed with special cruelty or in publicly dangerous way;

120.2.7 – murder of two or more persons;

120.2.12 – murder, with the motive of national, racial, religious hatred or enmity;

29 & 120.2.1 – attempt to deliberate murder, by a group of persons, a group of people on a prior arrangement, an organized gang or a criminal union/organisation;

29 & 120.2.3 – attempt to deliberate murder of the victim or his close relatives in connection with performance of service or public duty by the victim;

29 & 120.2.4 – attempt to murder, with special cruelty or in publicly dangerous way;

29 & 120.2.7 – attempt to, murder of two or more persons;

29 & 120.2.12 – attempted murder, with the motive of national, racial, religious hatred or enmity;

28 & 214.2.1 – preparation to a crime, 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)

28 & 214.2.3 – preparation to a crime, committed with use of fire-arms or objects used as a weapon;

214-2 – public calls for actions enshrined in Articles 102, 214, 214-3, 215, 219, 219-1, 226, 227, 2 77, 279 or 282, as well as dissemination of materials with such content;

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;

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;

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;

315.2 – Use of force, dangerous to life or health, against a representative of authority, in the performance of his professional duties.