Bakhtiyar Gadzhiev's sentence was upheld despite his defense's arguments.

The Baku Court of Cassation upheld the sentence of Bakhtiyar Hajiyev, who was sentenced to 10 years in prison. The decision was made despite arguments about the activist's innocence and violations in the case.

As reported by the "Caucasian Knot," on January 13, the court sentenced the head of the Institute of Public Policy Bakhtiyar Hajiyev to 10 years in prison. In April, the Baku Court of Appeal upheld the sentence. The defense announced a cassation appeal to the Supreme Court of Azerbaijan.

PACE representatives criticized Bakhtiyar Hajiyev's sentence

Today, the Supreme Court of Azerbaijan completed its review of Hajiyev's cassation appeal and rejected it, lawyer Elchin Sadigov told a "Caucasian Knot" correspondent.

He noted that Hajiyev denied all charges in court and pointed out "numerous investigative violations in his case." "He drew the court's attention to the fact that the investigation classified 12,000 euros transferred to his bank account by the Azerbaijani government, based on a ruling by the European Court [of Human Rights], as 'proceeds of crime.' The Baku Court of Grave Crimes followed suit and ordered the confiscation of these funds," the lawyer said.

If our motions had been granted, Bakhtiyar Hajiyev's innocence would inevitably have been proven.

According to him, the defense also pointed out to the cassation court "the unfair and biased approach" of the lower courts in Hajiyev's case. "We filed over 70 petitions with the Baku Court of Grave Crimes and the Baku Court of Appeal seeking an objective review of the case and a fair decision. However, none of them were granted. Had our petitions been granted, had the issues we raised been investigated, Bakhtiyar Hajiyev's innocence would inevitably have been proven. Unfortunately, the Supreme Court also rejected our complaint, despite taking time [at the November 5 hearing] to thoroughly consider the defense's arguments," Sadigov noted. According to the lawyer, the defense asked the court to acquit Hajiyev of all charges and release the activist. Hajiyev was initially arrested on charges of "hooliganism" and "contempt of court." These charges "were far-fetched," and the prosecution's case "fell apart" during the trial, the lawyer said.

07:10 17.12.2024

Bakhtiyar Gadzhiev drew the court's attention falsification of evidence against him

At trial, Azerbaijani activist Bakhtiyar Hajiyev filed motions to exclude documents from the criminal case file that formed the basis for the charges against him for committing economic crimes. The court dismissed the motions.

However, he emphasized, even if the initial charges had been substantiated, Hajiyev had already served three years in prison, more than he was entitled to under the aforementioned articles.

"Many months after Bakhtiyar Hajiyev's arrest, he was charged with economic crimes. These charges were based on an anonymous email sent to the police, alleging that Bakhtiyar Hajiyev was receiving grants from Western organizations and planning a coup in Azerbaijan. However, according to Azerbaijani law, information from an anonymous source cannot be the subject of an investigation. "Therefore, evidence obtained illegally cannot be used to indict or prosecute anyone. This fact alone allows him to be acquitted. However, we have presented extensive evidence proving Gadzhiev's innocence on the merits of the charges," Sadygov said.

According to him, on November 5, the judges postponed the decision until November 18, explaining that they needed additional time to consider "the numerous arguments presented by the defense." The lawyer noted that the defense will now file a complaint with the ECHR.

A Supreme Court employee confirmed to a "Caucasian Knot" correspondent that Gadzhiev's appeal had been rejected.