The wife of Azerbaijani political scientist Gasymly has become a defendant in a defamation case.
Samira Gasymly, the wife of the convicted Azerbaijani political scientist Azer Gasymly, has become a defendant in a defamation and insult case. Gasymly's lawyers reported violations during the initiation of the case, but the court rejected the defense's motions.
As reported by "Caucasian Knot", the wife of the convicted Azerbaijani political scientist Azer Gasymly has become a defendant in a defamation case. The criminal prosecution of the woman was initiated based on a complaint from a person recognized as a victim in her husband's case.
On March 11, the court in Baku sentenced to 12 years of imprisonment the director of the Institute of Political Management, political scientist Azer Gasymly. The defendant categorically denied the charge of extortion and stated that he was arrested due to his socio-political activities and critical publications. The lawyers called the case fabricated.
Yesterday, July 14, the preparatory hearing in the case of Samira Gasymly concluded at the Binagadi District Court in Baku. At the beginning of the hearing, presiding judge Samir Nabiyev announced the consideration of the case based on articles of defamation and insult following a complaint filed in the manner of private prosecution by Gurbanali Yusifov. The private prosecutor himself was absent from the hearing, reported a correspondent from "Caucasian Knot" who was present in the courtroom.
Lawyers Agil Laidj and Ramil Suleymanly requested the court not to accept the case for consideration. Laidj pointed out that this was already the second preparatory hearing where the private prosecutor did not appear in court. He noted that according to the Criminal Procedure Code of Azerbaijan, "the repeated absence of the private prosecutor at the preparatory hearing without prior notification of valid reasons is equated to a withdrawal of the accusation."
Lawyer Suleymanov indicated that the complaint in the manner of private prosecution does not meet the requirements for the form provided by the Criminal Procedure Code. The lawyer, supporting his colleague, noted that the private prosecutor took screenshots from Facebook and attached them to their complaint, although according to the legislation, "screenshots from Facebook" must be notarized.
Both lawyers also pointed out that the screenshots do not specify which particular phrases the private prosecutor considered to be an insult to his honor and dignity and defamation against him.
The representative of the private prosecutor, Vugar Shamilov, explained Yusifov's absence by his being in Turkey.
However, Samira Gasymly insisted on Yusifov's appearance in court. "Gurbanali Yusifov complains about the insult to his honor and dignity. Although his representative is present here, I have many questions for Yusifov, and he must answer them personally. If he cannot come to court, then let him withdraw his complaint and submit it again when he returns to Azerbaijan," said Gasymly.
She called this case "political persecution" in retaliation for defending the rights of her husband and other political prisoners.
Judge Nasibov stated that the lawyers' motions were rejected, and the case was accepted for consideration. At the same time, Samira Gasymly was recognized as a defendant under the articles of defamation and insult without the application of a preventive measure in the form of detention.
It should be noted that under these articles, alongside alternative penalties in the form of fines, community service, and corrective labor, up to 6 months of imprisonment is also provided for each of them.
In a conversation with a correspondent from "Caucasian Knot", Samira Gasymly stated that she faced a politically motivated case. "Initially, based on the false statement of this person, my husband was arrested and convicted. When I began to defend the rights of my husband and other political prisoners, this caused discontent among the authorities. Because my activities were conducted not only within the country but also on international platforms. To prevent my departure from the country for international events and to punish me, they again use a person who slandered my husband," said Samira Gasymly.
According to lawyer Laidj, there is no basis for criminal proceedings against Samira Gasymly, as her publications were evaluative in nature, aimed at clarifying to the public the groundlessness of the persecution of her husband and did not contain elements of a crime.