Statement by the Supreme Court of the Azerbaijan Republic
The articles published recently in some mass media about the decisions adopted by Plenum of the Supreme Court of the Azerbaijan Republic dated November 11, 2010 on two cases of Eynulla Fatullayev on the basis of the decision which have come into effect on October 4, 2010 of the European Court of Human Rights dated April, 22, 2010 in connection with case of the prisoner, and interview of his lawyer E. Sadigov give false information aimed at creation in the society of obviously incorrect representation. In articles disseminated by a number of newspapers it is underlined that in the decision adopted by the Plenum dated November 11, 2010 concerning E. Fatullayev had ostensibly been increased terms of the punishments defined for him in the form of imprisonment what has aggravated condition of the prisoner, and on the other hand - the decision of the European Court was not observed and he is unreasonably kept under arrest.
The Supreme Court of the Azerbaijan Republic first of all states that according to requirements of the criminal-procedural legislation neither the court of cassation instance, nor the Plenum of the Supreme Court has power to make the decision on increase in term of the punishment, defined to any arrested person, or on other aggravating his condition. The Supreme Court and its Plenum, being guided by the principle of supremacy of law, constantly observes the mentioned requirements on all considered cases, and during realization of justice it is achieved adoption of lawful, objective and fair decisions.
In connection with the decisions adopted by Plenum dated November 11, 2010 concerning E. Fatullayev it is necessary to note that the first decision had been cancelled by the judgment of cassation instance on case of the prisoner as private charge and the mentioned case was stopped. Under the second decision of the same date it had been cancelled only a part of the decision of cassation board concerning E. Fatullayev on two charges (under Articles 214.1 and 283.2.2 of CC of the Azerbaijan Republic) and criminal case on the given parts was stopped. On that case, and also for tax evasion E. Fatullayev has been sentenced in the form of imprisonment for a period of 4 (four) months. As the mentioned crime was committed by him during the conditional arrest, applied by Yasamal District Court dated September 26, 2006 (under this decision E. Fatullayev had been sentenced to punishment in the form of imprisonment for a period of 2 (two) years), the Plenum basing on the norms of the criminal law regulating appointment of punishments as set of sentences (Article 67.1 of CC), partially having united the punishments appointed by the first and last sentences concerning the prisoner, has definitively kept the punishment concerning him in the form of imprisonment for a period of 2 (two) years and 3 (three) months. Considering that he has completely endured this punishment, and also cessation on case in the order of private charge, the Plenum has decided to release E. Fatullayev from under arrest on the considered cases.
Apparently, the decision adopted by Plenum dated November 11, 2010 on criminal case concerning E. Fatullayev completely meets the requirements established by the decision of the European Court dated April 22, 2010, and the mentioned decision not only hasn`t increased terms of the punishments, appointed to the prisoner both for tax evasion, and on set of sentences, but, on the contrary, term of definitive punishment was reduced and by that alleviated the condition of the prisoner.
The decision adopted by Plenum of the Supreme Court of the Azerbaijan Republic concerning E. Fatullayev was discussed at session of Ministerial Committee of the Council of Europe dated December 3, 2010 where was adopted a decision on satisfaction of Committee on the said decisions.
Arrest of E. Fatullayev has been motivated by other crime, committed by him in the place of confinement, and the case on the given crime, considered only by court of the first instance, wasn`t a point of discussion at Plenum of the Supreme Court of the Azerbaijan Republic.
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