In Nakhichevan, convicted oppositionist Zeinal Bagirzade pays huge fine imposed by court

On May 11, at consideration of the appeal, filed by the oppositional activist Zeinal Bagirzade, at the Supreme Court (SC) of the Nakhichevan Autonomous Republic (NAR), NGO representatives reported about complete payment of fines imposed on the oppositional activist by the court. However, the Prosecutor's Office saw no grounds in it for revising the verdict.

The "Caucasian Knot" has reported that Zeinal Bagirzade, the head of the regional branch of the Civil Movement for Democracy "Public Chamber" was arrested on December 26, 2011, on charges of falsifying documents about his participation in the liquidation of the Chernobyl accident. On March 2, the Nakhichevan Court for Serious Crimes of Azerbaijan sentenced him to 7.5 years of imprisonment.

The hearings on the complaint filed by Zeinal Bagirzade were to be held on May 10; however, they were postponed, the "Turan" reports.

On May 11, during the court session, Zeinal Bagirzade reported that on the prior day he felt bad. "I was not brought to the court, since I was in grave condition. They started to inject me a system," said Zeinal Bagirzade.

According to the activist, he regularly gets dramatic increase of his blood pressure, and his "left side got virtually paralyzed." Zeinal Bagirzade has complained that at the SIZO (pre-trial prison), he receives no necessary medical treatment, and medical care is provided, when he feels really bad.

On May 11, according to Malakhat Nasibova, the head of the Regional Resource Centre of NGO and development of democracy, "relatives of Zeinal Bagirzade paid the fine imposed by the court and amounted to 18.7 thousand manats for allegedly unlawfully obtained pension payments for 18 years."

"Bagirzade and his family members deny all the charges. However, the relatives are concerned about Zeinal Bagirzade's health, and, therefore, they decided to pay money to the court to possibly mitigate his sentence. They hope that now, when losses of the state have been compensated, the court will release Zeinal Bagirzade or, at least, will replace imprisonment with another form of sentence, not involving deprivation of freedom," said Malakhat Nasibova.

She recalled the difficult financial situation of the Zeinal Bagirzade's family and added that the money was collected by his relatives and countrymen, the resident of the village of Nekhram of the Babak Region of the NAR.

However, Musa Sadykhov, the representative of the NAR Prosecutor's Office, stated that the prosecutors insist on upholding the verdict of the first instance court unchanged.

Judge appointed pronouncement of the sentence for on May 14.

"On May 7, I spoke to the court (in the case against Zeinal Bagirzade, note of the "Caucasian Knot") during hearings of arguments and reiterated my opinion that the charges were unjustified. Zeinal Bagirzade participated in the liquidation of the Chernobyl accident, he got disability as a result of irradiation, and that facts were twice confirmed by medical commissions," said Asabali Mustafaev, the lawyer of Zeinal Bagirzade.

Meanwhile, the lawyer pointed out that the reason for initiating criminal proceedings against Zeinal Bagirzade was testimony of the former staff member of the Babak military enlistment office, who allegedly admitted that he had forged Zeinal Bagirzade's documents.

"That man was not prosecuted under the pretext of 'limitation on conviction'. And at the same time, this principle of 'limitation on conviction' was not applicable to the case of Bagirzade. This is a flagrant violation of the principles of law and justice," said Asabali Mustafaev.

He believes that Zeinal Bagirzade is being prosecuted for political reasons.

"Zeinal Bagirzade always had an active civil position. For example, last summer, he actively participated in the protest actions held by the residents of the village of Nekhram, who protested against extortion of bribes by officials for supply of water to irrigate fields. For participating in that protest actions, Zeinal Bagirzade together with his brother Yashar Bagirsoi, the head of the regional branch of the oppositional Popular Front Party, was even arrested for several days and beaten," said the lawyer.

Asabali Mustafaev also noted that Zeinal Bagirzade was among the leaders of the regional branch of the Civil Movement for Democracy "Public Chamber", which is in opposition to the authorities of Azerbaijan.

Intigam Aliev, the leader of the Legal Education Society, believes that the charges against Zeinal Bagirzade are politically motivated, and the severe sentence indicates prejudged attitude to Zeinal Bagirzade.

Intigam Aliev emphasized that the court pronounced almost maximum sentence and did not take into account mitigating circumstances, as follows: disability of Zeinal Bagirzade, deterioration of his health during the period of his detention at the SIZO, his responsibility to care of his minor disabled son.

According to Intigam Aliev, the very trial was held with gross violations of procedural norms.