In Azerbaijan, arrest of oppositionist Nigyar Yagublu is of political nature, her lawyers assert

In Azerbaijan, the investigation into the case against Nigyar Yagublu, an activist of the youth organization of the oppositional "Musavat" Party, is being conducted with procedural violations, and the arrest of the oppositionist is of political nature. This was stated on September 24 by lawyers of Nigyar Yagublu at the "roundtable", held in the media centre of the Institute for Reporters' Freedom and Safety (IRFS).

The participants of the meeting have expressed their belief that the criminal investigation into the criminal case against Nigyar Yagublu, accused of committing a road traffic accident, in which a person was killed, is being conducted with prejudice because of the political activities of the activist and her father Tofig Yagublu, Deputy Chairman of the "Musavat" Party.

Nigyar Yagublu is charged in the case of the road traffic accident of August 25, as a result of which Aidyn Adjalov, a member of the Majlis (Assembly) of the "Musavat" Party, was killed.

According to investigators, the young woman was driving a car without a driver's license, and a Peugeot car, which belonged to Aidyn Adjalov and which was driven by Nigyar Yagublu, collided with a KamAZ vehicle on the highway Baku-Shamakhy. On September 10, the Apsheron District Court pronounced to Nigyar Yagublu a pre-trial restriction measure in the form of a 2-month arrest, despite the fact that the family members of the deceased man had no claims against the young woman.

On September 24, during the "roundtable", Nemat Kerimli, one of the lawyers of the defendant, claimed the unreasonableness of the pre-trial restriction measure in the form of arrest to Nigyar Yagublu. According to him, the young woman did not avoid giving a testimony to the police. On the other hand, the lawyer has noted, the court had to take into account the fact that the young woman herself was seriously injured in the road traffic accident and she was in need of medical treatment and rehabilitation. Besides, according to the lawyer, the court had to take into account the fact that "she was a young woman and she committed the road traffic accident through negligence."

Tofig Yagublu, the father of the arrested young woman, said that his daughter did not evade investigation, like prosecutors stated. According to him, starting from August 25, when the road traffic accident occurred, till September 4, his daughter was in the hospital. On September 4, she came to the police just after leaving the hospital. On September 6, she received one more summon. Nigyar Yagublu came to the police to comply with summon; however, the investigator was not at place. On September 9, she received summon once again, and she also came to the police. This was reported by the father of the activist.

On the same day, the case was referred to the court to sanction the arrest. However, the court did not pronounce such a decision. However, Nigyar Yagublu was not released. Only on September 10, the Apsheron District Court sanctioned the arrest, and Nigyar Yagublu was brought to Baku SIZO (pre-trial prison) in the village of Kyurdakhany.

The decision was challenged. However, on September 17, the Sumgait Court of Appeal did not cancel the decision on arrest. On September 20, the Apsheron District Court also dismissed the motion to replace arrest by home arrest. The lawyer Nemat Kerimli has stated that the decision will also be challenged.

Adil Ismailov, the other lawyer, has expressed his regret that despite the invitation, the prosecutors did not attend the "roundtable".

He has also pointed to the violation of the rights of defence. "The investigators have not yet presented to the defenders a video from the scene. A driver of the truck, which collided with the car, driven by Nigyar Yagublu, was not involved in the investigation even as a witness. All that facts give a reason to believe that the arrest of Nigyar Yagublu was made by order," the lawyer believes.

In their turn, staff members of the General Prosecutor's Office accuse the lawyers of Nigyar Yagublu and oppositional parties and newspapers, acting in defence of the young woman, in the politicization of the case.

Rustam Usubov, First Deputy General Prosecutor of Azerbaijan, stated that on the first days after the road traffic accident, a newspaper, controlled by the "Musavat" Party, disseminated untrue reports that during the road traffic accident, the car was driven by late Aidyn Adjalov himself.

In his turn, Aslan Ismailov, one more lawyer of the activist, claimed violation of presumption of Nigyar Yagublu's innocence, committed by Rustam Usubov, First Deputy General Prosecutor, since he told the media about "committing the crime by Nigyar Yagublu even prior to the judicial investigation."

Arzu Abdullaeva, the head of the Azerbaijani National Committee of Helsinki Citizens' Assembly, also claimed the prejudiced attitude of the investigators to Nigyar Yagublu. "While in similar criminal cases of road traffic accidents, no decisions about arrest are made till the completion of the judicial investigation, especially with regard to women, in this case, the young woman was arrested. This fact also contradicts the national mentality," Arzu Abdullaev said.

The Alliance to defend political freedoms also condemned the arrest of Nigyar Yagublu. Staff members of the Alliance believe that she had been arrested for political reasons. Samir Kazymly, the coordinator of the Alliance, has emphasized that Nigyar Yagublu was an active participant of the protest action, held by opposition prior to the international song contest "Eurovision 2012".

The criminal case was instituted against Nigyar Yagublu under Article 263.2 (violation of vehicle operation, which negligently caused human death) of the Criminal Code of the Republic of Azerbaijan. In the event if the activist's guilt is confirmed, she will face up to 6 years of imprisonment.