30 September 2010, 22:10
Gadzily: in Azerbaijani courts protocols are often contrary to what defendants say
At the Baku Court of Appeal (BCA), where today consideration of the complaint lodged by journalist Fatullaev was postponed indefinitely, Rashid Gadzily, Director of the Media Rights Institute (MRI) said that there are no audio and video recordings of Fatullaev's trial.
Let us remind you that the trial was postponed because of the remarks made by the journalist and his advocates on the protocols of the consideration of the case at the Garadag District Court. The comments point to discrepancies in the protocols between the written text and actual evidences presented by Fatullaev and his advocate, the "Caucasian Knot" correspondent reports.
In this context the Fatullaev's party moved a petition to return the case to the first instance court to urge Judge Ismail Khalilov, who had sentenced Fatullaev to 2.5 years in prison on charges of drug possession, to express his attitude to the above remarks. Judge of the BCA Mirpasha Khuseinov has satisfied the petition and returned the case to the first instance court.
Mr Gadzily told the "Caucasian Knot" correspondent in his comments on the trial that "the mismatch of court protocols with actual testimonies given at trials is a big problem of the judicial system in Azerbaijan."
According to his story, absence of stenography and audio recording practice at courts results in incorrect and distorted records compiled by court secretaries. The poor situation is contributed by legislation gaps, where no details are stipulated on how to run court records and whether they should be made as short-hand notes.
Author: Faik Medzhid Source: CK correspondent
