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Azerbaijani Supreme Court upholds European Courtâ€™s judgment with respect to Eynulla Fatullayev

11 November 2010 14:51 (UTC +04:00)

The plenary meeting considered the case on articles 147.1, 147.2, 124.1, 283.2.2, upheld the judgment of the European Court of Human Rights and passed a decision to drop the criminal proceedings.

The journalistâ€™s charge on article 213.2.2 was also considered at the plenary meeting. Taking into account that the judgment of the European Court has not commented on this case, Assistant Prosecutor General Namig Asgarov demanded 2 years 3 months and 15 days imprisonment for Eynulla Fatullayev. The public prosecutor wanted the court to release the defendant taking into account the served term.

The plenary meeting passed a decision to sentence Eynulla Fatullayev to 2 years and 2 months imprisonment. Decision was passed to release Eynulla Fatullayev taking into account the served term.

Eynulla Fatullayevâ€™s lawyer Elchin Sadigov filed a petition mentioning that on November 5 Baku Appeals Court passed a decision on the pre-trial restrictions of his client. The lawyer asked the court to cancel that decision.

The petition was rejected taking into account that the Supreme Court had not received an appeal concerning that case.

Note that, 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. After it the European Court of Human Rights has announced its final decision on Fatullaev vs Azerbaijan case, which demands to release Fatullaev and to pay 28 000 euro of compensation to him.

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

The accused person filed a petition on Courtâ€™s decision. On November 5, Baku Appeal Court passed a decision on pre-trial restrictions of Fatullayev again.

The trial is continued on appellate appeal.