The ECHR has begun examining complaints from 10 victims in the Terter case.
The European Court of Human Rights has requested clarification from the Azerbaijani authorities regarding the complaints of 10 military personnel who were forced under torture to incriminate themselves in the "Tertar case."
As "Caucasian Knot" reported, on May 1 it became known that the ECHR initiated the communication procedure on complaints from Natavan Gafarova, the wife of Colonel Saleh Gafarov, and Valida Akhmedova, the mother of serviceman Elchin Guliyev. Gafarov and Guliyev were military personnel who died from torture during the investigation into the "Tertar case."
Elchin Guliyev was suspected of treason (espionage) in May 2017 and was tortured to death during the investigation. The Military Prosecutor's Office, although recognizing him as a victim, did not drop the criminal prosecution on acquittal grounds. Retired 39-year-old Lieutenant Colonel Saleh Gafarov was detained at home, and two weeks later his body was handed over to his wife without allowing the coffin to be opened. Gafarov's hands and feet were bound, he was drowned, electrocuted, his nails were pulled out, his jaw was broken, he was thrown from the second floor, and then tortured until he fell into a coma, his widow recounted witness testimony.
The European Court of Human Rights has opened communications on 10 more complaints from victims in the "Terter case," JAMnews reported today.
Thus, the ECHR has received 12 complaints, the publication notes. "First, on April 30, the ECHR accepted complaints from the families of two servicemen who died as a result of torture, and then, on May 12, complaints from ten servicemen who spent five and a half years in prison and were subsequently acquitted," the publication writes.
Ten servicemen appealed to the ECHR: Mushfig Akhmedli, Rauf Orujov, Turan Ibrahimli, Emin Adilzade, Nasif Aliyev, Mirpasha Mehdiyev, Atabay Rahimov, Majid Gasimov, Faig Akhmedov, and Emil Aliyev.
They claim that charges of treason and other serious crimes were brought against them without sufficient evidence, and that during the investigation, they were forced to testify through torture and pressure. According to them, these testimonies were subsequently used as primary evidence in court proceedings, the publication states.
During the communication phase, the ECHR requested official clarification from the Azerbaijani government. In the case of the families of the victims, the court asked questions under Articles 2 (right to life), 3 (prohibition of torture), and 8 (right to respect for private and family life) of the European Convention on Human Rights, and in the case of ten servicemen, under Article 6 (right to a fair trial).
In the case of the ten servicemen, the ECHR is inquiring whether the right to a fair trial, equality of arms, the right to choose a lawyer, and the right to examine witnesses were ensured, the publication writes.
None of the corps commanders were held accountable.
A group of military personnel and civilians were arrested in Baku in the spring of 2017 on charges of collaborating with Armenian special services and preparing acts of sabotage. During the investigation, eight people were tortured to death, four of whom were later posthumously rehabilitated. In 2021, members of the Parliamentary Assembly of the Council of Europe indicated that over 200 military personnel had been tortured, 11 of whom had died.
On November 1, 2021, the Azerbaijani Prosecutor's Office acknowledged the torture of those accused in the "Tertar case." In April 2022, investigators recognized 397 people as victims. By November 2 of that year, the sentences of 19 wrongfully convicted individuals were overturned.
Following this, the courts sentenced several individuals accused of torturing detainees in the "Tertar case." Thus, on June 4, 2024, the court found Sanan Mashiev, Jabir Gahramanov, Elchin Aliyev, and Ruslan Mikayilov guilty of torture and sentenced them to imprisonment.
In December 2023, the court sentenced six more defendants in the "Terter case," including Major General Bekir Orujov. The Baku Court of Appeal reduced the prison terms of these convicts.
On November 28, 2023, the court sentenced four servicemen to imprisonment, finding them guilty of torturing detainees in the "Terter case." Vusal Aleskerov and Rashid Niftaliyev were sentenced to 5.5 years in prison, Rustam Aleskerov to 9.5 years, and Ramil Garayev to 5.5 years.
On October 31, 2024, the Baku Military Court sentenced five defendants accused of torturing detainees in the "Terter case." Former assistant to the corps commander, Fuad Agayev, was sentenced to 13 years in prison, Gurban Jumshudov and Javid Agadadashov to 10 years, and Fuad Akhundov and Ramil Akhmedov to 9.5 years.
The high-ranking generals who authorized torture have never been held accountable, and only those who carried it out have been punished, lawyer Namizad Safarov and human rights activist Emin Huseynov told the Caucasian Knot in October 2024.
"Only one general, who held the post of chief of staff of the corps, was arrested. However, such large-scale repressions could not have been carried out without the knowledge of the central apparatus of the Ministry of Defense. None of the corps commanders where these crimes occurred were held accountable, although victims indicated their personal presence at illegal interrogations. No senior generals were also brought to justice." Emin Guseinov said, in particular.