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The Baku Court of Grave Crimes chaired by Afgan Hajiyev July 15 held a preparatory meeting on the case of Leyla and Arif Yunus.
The meeting was held in an atmosphere of heightened security. Journalists and members of foreign diplomatic missions were withdrawn handbags, mobile phones and identity cards. Places in the forefront of the hall were occupied by bailiffs and prison staff. Because of that many people could not get there.
Leyla and Arif Yunus were placed in a glass cage and looked very sick. They lost much weight, especially Leyla Yunus. Pale with sunken eyes, she turned gray and her hair thinned.
During the meeting, the lawyer Afghan Mammadov requested that his client Arif Yunus should be allowed to sit next to him.
He further requested the termination of criminal proceedings against Yunus in the absence of evidence of their guilt. The actions of A. Yunus did not constitute any fraud crime since this crime involves embezzlement through abuse of his confidence. From the materials of the case it is not clear whose property Yunus appropriated and what the breach of trust was about.
Leyla Yunus’s lawyer Ramiz Mammadov also requested that the defendant should sit beside him and the trial should be recorded on video. He also petitioned to release Yunus either under house arrest or bail. He noted the serious health condition of Leyla Yunus who underwent six operations, operations on both eyes, suffering from diabetes and hepatitis C.
As the lawyer said, severe illness of Leyla Yunus was confirmed by international experts who examined her in detention.
“In order to stop the process of degradation of the liver she is prescribed a drug Harbony, a pack of which costs 40 thousand Euros. These drugs are provided to her by the German Embassy. It is a measure the severity of her condition and to keep her in custody is life threatening. I do not want Leyla Yunus to die in prison,” said the lawyer.
Further, the lawyer requested the termination of the criminal proceedings and named unfounded the accusations of illegal business. The work of the Institute for Peace and Democracy without state registration and implementation of grant projects cannot be against the law. The legislation has no such rules.
Grants without state registration also do not mean illegal business, because these projects have served the community.
As for the charges of forgery, we are talking about an episode in 2002 and due to the period of limitation, it cannot currently be investigated in court, the lawyer said.
The lawyer also said about insolvency of the charges of fraud and tax evasion.
Another lawyer Elchin Gambarov requested the deletion from witnesses of three persons who have expressed hostility to L. Yunus and Metanet Azizova, who received political asylum in the Czech Republic and for obvious reasons, cannot give evidence.
The defense also objected to attract Rena Safaraliyeva, Chairwoman of the Society of Women of Azerbaijan for Peace and Democracy in the Near Caucasus as a victim. This NGO was abolished in June 2014, before the arrest of Yunus
The Institute of Peace and Democracy without state registration implemented projects in collaboration with the said NGO. Yunus managed projects, conducting banking transactions on the basis of a power of attorney from Safaraliyeva.
R. Safaraliyeva is represented at the trial by Counsel Shohrat Allahmanov (he defended Elman Turkoglu, who filed a lawsuit against the journalist Khadija Ismayilova). Allahmanov opposed the requests as the prosecutor did. The court retired to deliberate.
During the break of the meeting Yunus asked the representative of the German Embassy in English and said that she could not take the transmitted expensive medicine, since in addition to these drugs, she takes six medications and it causes side effects.
Next Yunus said that she had persistent indigestion and before the arrival at the court she took six capsules of Imodium. In addition, she reported pain in the lower abdomen and back. She also said that she was occasionally subjected to physical pressure. On September 23, 2014 in the detention center she was beaten by Major Yagubov. The next time she was subjected to physical pressure on December 11, 2014 and June 20.
From strikes to the temple, the vision in her left eye was seriously damaged. Yunus also pointed to a lump about the size of a hen’s egg in the back of the head on her husband, Arif, saying that it was cancer.
While L. Yunus spoke, the guards were trying to free the room. When the judge returned, L. Yunus asked to speak. However, the judge began to read the decision. Leyla Yunus began to insist on giving her a speech. “Let me speak… It’s not fair … You are depriving me of the right to speak… I know that it is a false trial, but you have to give me an opportunity to speak… This once again shows that it is a custom trial… You do not respect the law … They want to exterminate us…’
The court rejected all the petitions and scheduled a hearing at 10 a.m. on 27 July.