Day: December 19, 2024
“AbzasMedia” Trial Has Begun
The trial of seven journalists arrested in connection with the criminal case related to the publication “AbzasMedia” has commenced. The case is being heard at the Baku Serious Crimes Court, chaired by Rasim Sadikhov, with Novruz Karimov and Leyla Asgerova-Mammadova serving as members of the judges’ panel.
The accused journalists are Ulvi Hasanli, the director of “AbzasMedia”; Sevinj Vagifgizi (Abbasova), the editor-in-chief; Mahammad Kekalov, the deputy director; Hafiz Babali, an editor at Turan News Agency; journalists Nargiz Absalamova and Elnara Gasimova; and economist and Radio Azadliq employee Farid Mehralizade. The trial is part of a broader investigation that includes charges related to alleged corruption and illegal activities exposed by the journalists.
The trial’s preparatory hearing took place on December 17, 2024, and it was revealed that a significant portion of the seats designated for attendees had been occupied by outsiders. It was claimed that about 20 of these individuals were those who had taken exams for judicial positions or were present for internships.
The accused journalists objected to this, stating that the hall was deliberately filled with unnecessary people while their family members and supporters were left outside. They demanded the removal of these individuals. Additionally, media representatives who had come to observe the proceedings were not allowed entry, with an order issued specifically barring journalists from attending the session.
As the trial began, Sevinj Vagifgizi objected to two of the three judges on the panel, Rasim Sadikhov and Novruz Karimov, citing their history of issuing politically-motivated rulings. Vagifgizi argued that Sadikhov had been involved in sentencing human rights defender Intigam Aliyev to seven and a half years in prison in 2014-2015, a decision later found to violate the European Convention on Human Rights.
She stated that this demonstrated Sadikhov’s lack of independence and his role in political repression. Vagifgizi also accused Novruz Karimov of being involved in illegal activities during his tenure at the National Security Ministry (NSM) and later as a judge, where he allegedly issued unlawful verdicts in politically-charged cases, including the prosecution of journalist Parviz Hashimli. Vagifgizi emphasized that these judges had been involved in corruption and that they should not be presiding over her case.
The third judge, Leyla Asgerova-Mammadova, was mentioned by Vagifgizi as someone whose background was unknown to the defense team, with the hope that she would not become complicit in what they perceived as an unjust process.
The objections raised by the accused journalists were supported by other defendants, including Farid Mehralizade, who declared that judges like Sadikhov and Karimov were not needed in the country. Despite these objections, the court did not uphold them, and the trial proceeded with the judges in place.
During the hearing, the personal details of the accused journalists were clarified, and their rights and responsibilities were outlined. The judge informed the court that Ramil Abbasov, an official from the State Tax Service, was acting as the civil claimant, as the agency had filed a civil lawsuit against the journalists.
This civil case was in addition to the criminal charges against them. The court’s physical layout featured a glass booth divided into two sections. Three female journalists—Sevinj Vagifgizi, Nargiz Absalamova, and Elnara Gasimova—were placed in the smaller section, while the other four accused individuals were seated in the remaining portion.
Defense lawyers condemned this arrangement, describing it as inhumane, and requested that the journalists be allowed to sit next to their attorneys for proper consultation. The court granted this request, allowing the journalists to sit beside their legal representatives for the duration of the proceedings.
The defense lawyers then raised several motions, including a request to terminate the criminal case, or if that was not possible, to release the accused on house arrest or with bail. Lawyer Javad Javadov, representing Farid Mehralizade, argued that his client had no connection to the “AbzasMedia” case and believed his arrest was related to his work with Radio Free Liberty’s Azerbaijani service.
He further requested that Mehralizade be placed under house arrest, as he was not a flight risk and had family ties, including a newborn child. Hafiz Babali’s lawyer, Rasul Jafarov, also argued that his client had not committed any criminal acts and highlighted Babali’s health problems, including a Group III disability due to eye and foot issues. Jafarov pointed out that medical records from the Ombudsman’s Office confirmed these health issues. Other lawyers, such as Fakhraddin Mehdiyev, referred to the accused journalists as “knights who expose corruption,” emphasizing their role in uncovering state corruption.
In response, journalist Hafiz Babali told the court that all seven defendants had been punished for their investigative work exposing corruption. He stated that the public had been shaken by their arrests and that their investigations into corruption had been misinterpreted as criminal activities. Babali also explained that their bank accounts were thoroughly checked and no illegal activities were found.
He asserted that they were victims of political and legal repression. Babali criticized the judicial system, stating that the law prohibited judges from knowingly issuing unlawful decisions, but that these judges had done so intentionally. Farid Mehralizade echoed this sentiment, adding that “AbzasMedia” had been at the forefront of exposing corruption and that Azerbaijan’s law enforcement agencies were punishing those who exposed wrongdoing, not those who committed it.
Despite the defense’s motions and arguments, the judges, led by Rasim Sadikhov, did not grant any of the requests. The next hearing in the trial has been scheduled for December 28, 2024.
The arrests of the “AbzasMedia” journalists began on November 20, 2023, with Ulvi Hasanli and Mahammad Kekalov being detained first, followed by Sevinj Vagifgizi. Investigative journalist Hafiz Babali, along with Nargiz Absalamova, Elnara Gasimova, and Farid Mehralizade, were arrested shortly after. They face charges under Article 206.3.2 of the Criminal Code for smuggling by a group of persons, but the charges were later escalated to include illegal entrepreneurship, money laundering, tax evasion, and more, carrying penalties of up to 12 years in prison.
Following Ulvi Hasanli’s arrest on November 20, 2023, a search was conducted at the “AbzasMedia” office, where it was claimed that 40,000 euros were found. However, Hasanli denied the allegations, insisting that the money was planted by those who claimed to have found it. The accused journalists maintain their innocence, arguing that they are being punished for exposing corruption, including the business dealings of several high-ranking officials, including members of the President’s family. Government representatives, however, insist that the arrests were based on concrete evidence of criminal activity.
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On December 18 the Secretary General of the Council of Europe, Alain Berset began his official visit to Georgia. Noting that the mission “takes place in a political and social context marked by strong tensions, extreme polarisation of the political debate and acts of violence in recent weeks” the CoE press release about the visit says that it aims “to ensure the conditions for continued co-operation between the Council of Europe and Georgia, in full compliance with the Organisation’s values and principles.” The GD has used the fact of the visit to assert the legitimacy of its government following the disputed parliamentary elections.
The press release issued prior to the visit says that “in the current tense and worrying context, the Council of Europe calls on all parties to avoid any escalation of tensions.” The Council of Europe further “urges the authorities to refrain from the disproportionate use of force and to respect fundamental freedoms, in particular freedom of expression and assembly.”
The press release also notes that Secretary General “welcomes yesterday’s release of Nika Gvaramia and Aleko Elisashvili, whom he plans to meet with other opposition and civil society members.” The official press release makes no mention of other meetings.
However, the ruling Georgian Dream has used the visit to claim the legitimacy of its rule following the disputed Parliamentary elections of October 26, announcing Berset’s visit with GD PM Irakli Kobakhidze. The party’s executive secretary Mamuka Mdinaradze said on the morning of December 18: “The questioning of legitimacy [of the GD government] that has been going on cannot continue because the Secretary General of the Council of Europe is meeting with the Prime Minister of Georgia and other officials. As we know, there will also be a meeting with the elected president. Maybe the ex-president too, I don’t know… In any case, this is where the question of legitimacy ends”.
The Secretary General is accompanied by the Director General for Human Rights and the Rule of Law, and the Director General for Democracy and Human Dignity.
Meeting with the GD Prime Minister
Georgian Dream Prime Minister Irakli Kobakhidze told journalists that he had a “very friendly, productive” meeting with CoE Secretary General Berset and that the parties agreed to continue “close cooperation”. He stressed the importance of Berset’s visit, saying that the discussion during the meeting focused on the situation in Georgia and cooperation between the country and the Council of Europe.
“We have had a very close cooperation since the 1990s. It is in our interest to continue this cooperation as actively as possible. The personal role of the Secretary General is special in this regard, and we are confident that our country will receive the personal support of Mr. Alain Berset in all directions,” Kobakhidze said.
Alain Berset shared after the meeting with GD PM Kobakhidze that after meeting with him and the GD’s Parliament Speaker Papuashvili, he is looking forward to meet GD’s founder Bidzina Ivanishvili.
Meeting with GD’s Parliament Speaker, Shalva Papuashvili
During the meeting with Alain Berset, Papuashvili discussed “the ongoing protest rallies in Georgia and provided a chronology of the violent protests,” as announced by the Parliament’s Press Service. “The parties underscored the significance of the opposition’s engagement in parliamentary activities as an integral part of democratic processes,” the announcement added. It further noted that both sides expressed their commitment to continuing cooperation “on the basis of an open dialogue.”
Meeting with Public Defender, Levan Ioseliani
Based on the Public Defender’s press service, Ioseliani met with Alain Berset. According to their statement, “the parties spoke about the current developments in the country, political polarization, the cases of ill-treatment of protesters by law enforcement officers, and the situation of freedom of assembly and expression in general.”
Later on, Berset also addressed his meeting with Public Defender, noting that his work is essential for the “transparency of investigations.”
Meeting with Opposition Forces
On December 19, Secretary Berset continued his meetings in Tbilisi. After meeting with Unity-UNM, he stated that they had “an open and constructive exchange.”
Visit of Secretary Berset sparked mixed reactions. Unlike Unity-UNM, another opposition political force, which had cleared the 5% threshold at recent elections, the Coalition for Change announced that they would not meet with Secretary Berset. In the statement, the Coalition said that: “Through propaganda and disinformation purposes, Georgian Dream is using the visit of the Secretary General of the Council of Europe, Mr. Alain Berset, in Tbilisi. The authors of the state capture aim to mislead the Georgian people with this visit, suggesting that someone in Europe recognizes their legitimacy.”
The statement also emphasized that “international visits carried out without clear political messages on the necessity of new elections and without aligning with the serious context in the country only serve to help Ivanishvili’s Russian regime create strategic ambiguity and confusion among Georgian citizens regarding the foreign political aspirations of his criminal team.” They also expressed the confidence that Secretary Berset’s visit will be important “for improving the grave human rights situation in Georgia, particularly in regard to the release of our fellow citizens who have become political prisoners.”
One of the leaders of the party, Elene Khoshtaria also commented on her Facebook explaining why she personally refused to attend the meeting. She stated that the CoE’s main mandate is the protection of human rights. “Not visiting political prisoners, not entering prisons at this moment, I consider to be their second major mistake,” she added.
More to Follow…