In Azerbaijan, Court of Appeal upholds verdict to journalist Aidyn Djanyev

On Tuesday, June 19, the Shirvan Court of Appeal of Azerbaijan, chaired by Judge Ismail Akhmedov, held consideration of the appeal, filed by Aidyn Djanyev, a regional correspondent of the newspaper "Khural". The Court dismissed the journalist's complaint and upheld the verdict of guilty, pronounced by the court of first instance.

The "Caucasian Knot" has already reported that on November 22, 2011, the Lankaran District Court of Azerbaijan sentenced Aidyn Djanyev, the regional correspondent of the newspaper "Khural" to 3 years of imprisonment on charges of disorderly conduct.

The ground for instituting the criminal proceedings against the journalists was the complaint, filed by Akhund Mirbaba Tairov (Akhund is the title of a Muslim clergyman, note of the "Caucasian Knot") of the Mosque "Sakhib al-Zaman" in the village of Syarnyakyaran of the Lankaran District.

According to investigators, on September 7, Aidyn Djanyev, being in a state of alcoholic intoxication, committed an act of disorderly conduct in the Mosque "Sakhib al-Zaman": he broke windows and used foul language against Akhund Mirbaba Tairov, who tried to stop him. According to the investigators, as a result of strokes, committed by Aidyn Djanyev, Akhund Mirbaba Tairov got brain concussion and bruise of his head.

However, the journalist himself and his colleagues believe that Aidyn Djanyev was sentenced for an article in the newspaper, criticizing the clergy.

According to Elchin Sadygov, the lawyer of Aidyn Djanyev, during consideration of the appeal, Akhund Mirbaba Tairov again stated that the journalist beat and insulted him. However, Aidyn Djanyev said that he just broke the windows of the mosque and asked the court to pronounce a punishment, adequate to his actions.

In his turn, Djeikhun Aliev, the public prosecutor, called the appeal unfounded and asked the court to uphold the verdict of the Lankaran District Court.

In return, the lawyer Elchin Sadygov pointed out the groundlessness of the charges. According to him, no evidence of infliction of bodily harm to Akhund Mirbaba Tairov by Aidyn Djanyev was presented. According to the lawyer, Aidyn Djanyev was provoked to the incident in the mosque, and his actions are subject to administrative punishment. He asked the court to justify Aidyn Djanyev.

After a short advisement, the judge has pronounced that the verdict of the court of first instance court is upheld.

The lawyer Elchin Sadygov has reported that the defence will file an appeal against the verdict of the court to the Supreme Court of Azerbaijan. "If the Supreme Court also pronounces an unfair decision, we will file a complaint to the European Court of Human Rights (ECtHR)," the lawyer said.

Emin Guseinov, Director of the Institute for Reporters' Freedom and Safety (IRFS), believes that Aidyn Djanyev is being persecuted for his professional journalist activity and, in particular, for criticism of the clergy, loyal to the authorities. "The investigatory journalist group that travelled to Lankaran made such a conclusion," Emin Guseinov stated.