 On January 30th, the judicial process on Hila .Mammadov’s case, the editor-in-chief of the newspaper of "Tolishi Sado” and human rights defender, was continued at Baku Grave Crime Court chaired by the judge Azar Orujov. Though Hilal Mammadov petitioned against holding a closed court sessions and protested against the secretive trial the judge dismissed his petitions. Here is the statement made by Hilal Mammadov at the court:
"Using the opportunities granted to me by the law, I have the right to partly or fully restrict the authorities of my lawyers at any time - Yalchin Imanov, Ramiz Mammadov, Anar Gasimli, Javad Javadov and Khalig Baghirov on defending me in the court.
The "criminal case” brought against me under the Articles of 234.4.3., 274, 283.2.2. of the CC of AR and the accusations against me which disprove each-other are fabricated and as they are beyond the logical, judicial and moral grounds- thus, following my openly and periodically declaring scientific, pedagogical and socio-political activities undertaken I demanded that the trial must be opened to public. I never had any secret or problems to keep these secret from Azerbaijani people, government or non-government institutions and organizations, mass media and any other entities.
As I officially declared it before repeatedly and now once again I am stating that all my transparent activities were in conformity with the Constitution of Azerbaijan Republic and with the international law that our government joined, these activities were dedicated to defending human rights and freedom to speech. And my activities with regard to defend the basic and universal right of the Talysh people that I am representative of , which is the integral part of the entire people of Azerbaijan were undertaken have arisen from these principles of universality and citizenship.
But, all these elementary rights guaranteed through the Constitution of Azerbaijan Republic, such as , to be editor –in-chief of only newspaper "Tolishi Sado” ("Voice of Talish”) expressing opinion and freedom of speech through this newspaper, though attempts were made during the last 20 years by management of Republic Talysh Cultural Center (RTCC) through number of appeals to start its formal activities ,establish branches in Baku and in the region, holding regular meetings of RTCC, as well as event dedicated to Talysh folklore which were never permitted to have organized during the last 20 years, holding scientific conferences, establishing national and cultural relationship with the people of Talysh ethnic in neighboring countries; holding various scientific conferences dedicated to the publicity and study of Talysh language and culture; attempt uttering a single phrase or word in one’s mother tongue through local TV or radio broadcasts; any other attempts for undertaking similar initiatives all which had faced with absurd and slanderous accusation and were called "High Treason”, "espionage”, "national and religious separatism”, "consuming and spreading drugs” and etc.
When the professor Novruzaly Mammadov, a famous Azerbaijani linguist-scientist who was the head of the "Romano-Germanic Department” of the Institute of Linguistics under Azerbaijan National Academy of Sciences (ANAS), known as the only scientist in Talysh language study in 70s, founder of the newspaper of "Tolishi Sado” and Republican Talysh Cultural Centre (RTCC) was arrested allegedly accused of "high treason” , "spy for Iran” in February of 2007 I established a committee on protection of his rights even though I was blackmailed and threatened by authorities , headed the committee and considered it as my moral obligation to demand that the court sessions of Novruzaly Mammadov’s case had to be opened to public.
However, we didn’t exclude that our struggle for justice would be directed against us with the same false accusations as well.
A full closed court session was held as if Elman Guliyev’s life, a false witness who was cheated to be against his teacher ( Novruzali Mammadov) and later was also subjected to the same false accusation and sentenced for six years, might have exposed to danger while "giving evidence” in the open court session. The most serious and unlawful action of this puppet court was that of having held a closed final session of announcing the verdict and even not having had allowed the lawyer to attend the final court session… And as a result, Novruzaly Mammadov was sentenced for ten years, later killed in the jail and all his family members were destroyed. At that time, as a chairman of the committee for protection of N.Mammadov’s right, we tried at our best to bring these dangerous and ruthless violence done by the authorities to the attention of Azerbaijan and as well as to the international community, however, a closed court session had become an obstacle to achieve a positive sufficient result out of all our attempts. In other words, it was not only the investigation body that caused this appalling tragedy to professor N.Mammadov’s family but the grave court as well.
Again, after having served his six-year term Elman Guliyev sent "a complaint” to Ministry of Internal Affair just two days before my arrest that was used a reason for detaining me according to the Article of 234.4.3 and then two more trumped-up charges were brought against me ( Article 274;283.2.2) during the next two months.
This time, the reason of holding a semi- secretive trial but in fact it is a secretive trial in full is explained by, as if, "my criminal case” containing a "state secret”. However, excluding my two lawyers, neither of my other three lawyers, nor the investigation group members, nor the prosecutor heading the legal proceedings, nor the Judges deciding my case and the secretary , nor the court and nor the accuser were asked to provide a written promissory oath (paper on not spreading the "state secret”) and filed. The aforementioned two controversial sessions (performances) - prove not only that there is a "secret” in my case as well in Novruzali Mammadov’s case but also reveal the truth, which means that a secretive trial is held in order to hide the intentional dirty game fabricated against us because of our social activities out from the Azerbaijan people, international human rights organizational, official representatives of foreign countries in Azerbaijan, out from local and foreign media as well.
The clear unlawfulness makes no doubt that the investigation process and also the court process are managed by the same source that gave order for our arrest.
Taking the aforementioned saying into account, I am restricting the authorities of my lawyers until a decision made on having an open court session in full and demand from them not to attend the court process related to my case unless the decision made on holding an open court sessions, but this does not mean that I am refusing to use the service of my lawyers.
Also, please consider my petition, not to bring me to the court if there is no decision on holding an open court session! , otherwise, I will be obliged to turn my face to the wall and deny all placed demands by the court.
With believing on partial court decision on me case, I am protesting the court session.
You can make any court verdict at any time and in any circumstances on my case.
January 30, 2013
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