The Voice of Mirza Xazar

To the Court of Sabail District

From Ashurov Isaxan Gara oglu,

defender of Huseynov Samir Sadagat oglu accused under the article 283.2.2 and
Tagiyev Rafig Nazir oglu accused under the article 283.1.1.of Criminal Code of Azerbaijan Republic Petitions (in accordance with the articles 92.9.6 and 299 of The Procedural Criminal Code of Azerbaijan Republic)

19 March 2007

Your Honour!

(1) Persons protected by me Huseynov Samir Sadagat oglu, acussed under the article 23.2.2. of the Criminal Code, and Tagiyev Rafig Nazir oglu, accused under the article 283.1.1. of the Criminal Code OF the Azerbaijan Republic, are accused illegally, groundless and unjustly on the basis of indictment composed by investigating authority.

(2) On the basis of Clause 1 of Article 6 of the European Convention for the protection of the Human Rights and Fundamental Freedoms: “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”.

(3) Defense, guided by the mentioned in the norm of the Convention, joined by Azerbaijan Republic since 2002, presents you legal and reasonable petition concerning the following cases as an integral part of preliminary hearing in connection with the issues to be resolved in the preparatory session of the court.

a. About the expelling of the materials which are inadmissible for investigation as evidence

(in accordance with the article 299.4.3 of the Procedural Criminal Code)
(4) In the resolution about the estimation of the evidence, composed by Hamidov Anvar Gudrat oglu holding the preliminary investigation concerning the matter and in the indictment composed according to this matter it is claimed that as if there are enough evidences to prove that the mentioned crime was committed by Mr. Huseynov and Mr. Tagiyev based on the testimonies of Mr. Mammadov Mubariz Hasan oglu (l.m. 79-80), Mr. Suleymanov Elchin Abbas oglu (l.m 97-100), Mr. Israfilov Musaddag Alish oglu (l.m. 105-106) and khanum Ismailova Gilas Mammad kizi (l.m. 135-136) as principal evidences. Investigating authority estimated the testimonies even of the father of Mr. Huseynov Huseynov Sadagat Hasan oglu, violating the acknowledged constitutional norms in civilized world.

(5) There is not any fact or information against Mr. Huseynov and Mr. Tagiyev in the testimonies of mentioned above Mr. Musaddag Israfilov and khanum Gilas Ismailova. These persons simply confirmed the publishing of the Mr. Rafig Tagi's article No 16(060) dated on 11 November 2006, titled “Europe and us”. In respect of this fact the defense submits the following two cases for consideration of the respected court:

- Firstly, neither Mr. Tagiyev nor Mr. Huseynov denies the publishing of the article in the issue on the mentioned above date, on the contrary, they confirm this in their testimonies and comments given to the investigating authority;

- Secondly, investigating authority with the aim of confirmation of the case, may base on the testimony of the all of the newspaper readers as evidence.

(6) As opposed to these witnesses Mr. Huseynov’s father Huseynov Sadagat Hasan oglu said that he hadn’t read the article in the newspaper in general, he only had heard about it. Though in accordance with the article 126.3 of the criminal code of The Azerbaijan Republic “the information provided by witnesses on the basis of the words of the third persons can not be used as evidences”. As it is known to respected Court this is referred only in exceptional cases to the dead person’s words.

(7) Taking into consideration these cases, the defense asks to expel the testimony of Mammadov Mubariz Hasan oglu (l.m. 79-80), Mr. Suleymanov Elchin Abbas oglu (l.m 97-100), Mr. Israfilov Musaddag Alish oglu (l.m. 105-106) and khanum Ismailova Gilas Mammad kizi (l.m. 135-136) from investigation as inadmissible materials for evidence.

b. About the grounds of reverse of restraint of Mr. Huseynov and Mr. Tagiyev

(in accordance with the article 299.3.5 of the Procedural Criminal Code)

(8). It is evident from the materials of the case that the investigating authority and the court choosing the extreme restraint – arrest, didn’t trouble themselves in grounding its reason. The investigating authority suggested groundless conclusion, without basing on any fact or information, that in the case if Mr. Huseynov and Mr. Tagiyev are at large, they will escape and hide out from investigation and the court accepted this suspicion as a fact. Defense supposes that there are enough grounds for reversing the restraint of Mr. Huseynov and Mr. Tagiyev and they include the followings:

- Non application of grounds specified in and cases to be taken into consideration under Article 155 of the Procedural Criminal Code and factors determining them, while applying restraint - arrest of Mr. Huseynov and Mr. Tagiyev on 15 November, 2006.
- Absence of any definitely accepted fact or information about preconceived evasion of Mr. Huseynov and Mr. Tagiyev from summon of the court or the investigating authority in respect of the present or any other criminal case.
- Absence of any fact or information about evasion of Mr. Huseynov and Mr. Tagiyev from process in respect of the present or any other criminal case;
- Unstained reputation of Mr. Huseynov and Mr. Tagiyev as journalists;
- Existence of their permanent place of work;
- Presumption of innocence;
(9). Taking into consideration the above mentioned cases the defence requires to annul the illegal, groundless and unjust restraint of Mr. Huseynov and Mr. Tagiyev and to take into consideration that we are ready to provide guaranties in accordance with Article 5 of the Convention in respect of appearance in the court.

Isakhan Ashurov