The Sabail District Court of Baku has made a decision regarding the criminal case against Ramiz Mehdiyev, a member of the Security Council and former head of the Presidential Administration.
The court granted the motion concerning Ramiz Mehdiyev and ordered house arrest as a preventive measure for a period of 4 months. The investigation in the criminal case is being conducted by the State Security Service.
The charges against Ramiz Mehdiyev
Ramiz Mehdiyev is charged under Articles 278.1 (acts aimed at seizing state power), 274 (treason), and 193-1.3.2 (legalization of property obtained through criminal means) of the Criminal Code.
The article 278, under which he is charged, is titled "Violent seizure of power or violent deduction of power, violent change of the constitutional system of the state."
Article 278.1 applied to Mehdiyev describes actions directed at violent seizure of power or violent deduction of power in infringement of the Constitution of the Republic of Azerbaijan, as well as directed at violent change of constitutional grounds of the state.
This article is punishable by imprisonment for a term of twelve to twenty years or life imprisonment.
Article 274, under which Ramiz Mehdiyev is charged, is High treason, that is deliberately action committed by a citizen of the Republic of Azerbaijan to detriment of the sovereignty, territorial integrity, state security or defensibility of the Republic of Azerbaijan: changeover to enemy side, espionage, distribution of the state secret to foreign state, rendering assistance to a foreign state, foreign organization or their representatives in realization of hostile activity against the Republic of Azerbaijan.
This article is punishable by imprisonment for a term of twelve to twenty years or life imprisonment.
The other article Ramiz Mehdiyev is charged under is Article 193-1.3.2 of the Criminal Code. This article concerns the legalization of property obtained by criminal means, meaning knowingly concealing the true source of property obtained through criminal activity, or assisting the criminal to evade responsibility by converting or transferring such property, or using the criminally obtained property in financial operations or other transactions for such purposes. It also includes concealing or hiding the true nature, source, location, disposal, movement, rights to such property, or ownership of such property, knowing that it was obtained through criminal means.
Article 193-1.3.2 applies to cases where the crime is committed involving a large amount. Note that “large amount” means a sum exceeding fifty thousand manats.
The punishment under this article includes imprisonment for a term of seven to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Ramiz Mehdiyev's position and awards
Ramiz Mehdiyev has been a member of the Security Council since October 23, 2019. He is currently a member of the Security Council. Ramiz Mehdiyev is also a person with honorary titles and state awards.
According to information from "Wikipedia," Ramiz Mehdiyev has been awarded the "Istiglal," "Shohrat," "Sharaf," and Heydar Aliyev Orders of the Republic of Azerbaijan. He is also a full member of the Azerbaijan National Academy of Sciences (ANAS), a True State Adviser of the Republic of Azerbaijan, and a member of the New Azerbaijan Party (YAP) Veterans Council.
In practice, there are precedents for individuals accused of serious state crimes being deprived of their official powers and state awards.
Lawyer Shamil Pashayev told APA that Ramiz Mehdiyev is currently accused of committing a particularly serious crime: “Considering Ramiz Mehdiyev’s accusation of a particularly serious crime, the public danger of the act, its nature, and his personality, it is possible for the court to prohibit him from exercising his official powers, continuing his work, or engaging in his activities. In other words, a preventive measure of removal from office may be imposed on him by the court based on Article 172 of the Criminal Procedure Code.”
The lawyer said that considering Ramiz Mehdiyev’s accusation of committing a particularly serious crime, the necessity of depriving him of honorary titles and state awards may be determined by the court: “Thus, when a person convicted of a particularly serious crime is sentenced, the court, taking into account the nature, and degree of public danger of the crime, the personality of the accused, and other circumstances of the case, when it comes to the conclusion that it is necessary to deprive him of a special or military rank, honorary title and state award, makes a decision to send a submission to the President for consideration of depriving him of titles and awards granted by the President’s order.”
Shamil Pashayev stated that regarding deprivation of special or military ranks, or awards granted by other state bodies, the court itself makes the decision.