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Eynulla Fatullayevâ€™s hearing postponed again

02 September 2010 09:45 (UTC +04:00)

Baku. Shahriyar Alizadeh â€“ APA. Baku Appeals Court held a preliminary hearing on imprisoned journalist Eynulla Fatullayevâ€™s appeal. APA reports that the hearing was presided by judge Mirpasha Huseynov. Eynulla Fatullayev filed a petition. He said that Garadagh district court had held 16 hearings on the criminal case, he familiarized himself with the protocols of only ten of them. Eynulla Fatullayev asked extra time from court to familiarize himself with the other protocols. He also noted that the protocols did not contain the words of chief of jail #12 Avtandil Agayev.

Speaking about Eynulla Fatullayevâ€™s petition public prosecutor said he had been given enough time to familiarize himself with the protocols, the legislation did not allow extra time.

Fatullayevâ€™s lawyer Isakhan Ashurov said the law did not envisage time limit for it.

The court granted Eynulla Fatullayevâ€™s petition. The hearing has been postponed by September 7.

Editor-in-chief of Gundalik Azerbayjan and Realny Azerbayjan newspapers Eynulla Fatullayev was arrested by the decision of Yasamal district court on April 20, 2007. He was accused of insulting Khojaly residents in his series of articles â€œKarabakh diaryâ€ and sentenced to two-and-a-half-year imprisonment. Later, he faced additional charges and sentenced to eight-and-a-half-year imprisonment on October 30, 2007.

0.223g heroin was found on Eynulla Fatullayev in jail #12 on December 30, 2009. He faced charges under Article 234.1 (illegal purchase or storage without a purpose of selling of narcotics or psychotropic substances in a quantity (amount) exceeding necessary for personal consumption) of the Criminal Code.
According to the biological, chemical examination, diacetylmorphine (heroin), amphetamine, flunitrazepam were found in the blood and urine samples taken from Eynulla Fatullayev.
According to narcological examination, Eynulla Fatullayev had used diacetylmorphine (heroin), amphetamine and benzodiazepine, but he does not need compulsory treatment as he did not suffer from drug addiction during the examination.

On April 22 European Court of Human Rights considered the appeal of imprisoned journalist Eynulla Fatullayev against Azerbaijan. According to the judgment, the European Court demanded immediate release of the journalist grounding that the articles of the Convention on Human Rights and Fundamental Freedoms were violated during the consideration of the criminal cases on Eynulla Fatullayev. The Azerbaijani government was dissatisfied with the judgment of the European Court and appealed to the Grand Chamber.

On July 6, Garadagh district court sentenced Eynulla Fatullayev to two-and-a-half-year imprisonment. The defendant filed an appeal against the decision of the district court.