Azerbaijan, Baku, Feb. 10 / Trend , K.Zarbaliyeva/
Baku Appeal Court refused to produce a counterclaim of Yasamal District Religious Community.
The counterclaim was rejected as it should be filed during court hearing at the Yasamal District Court, Religious Community representative, lawyer Mukhtar Mustafayev told Trend on Feb. 10.
On Nov. 28, 2008, Yasamal District Court decided to pull down Prophet Muhammad Mosque on the basis of appeal from Yasamal Administration. Prophet Muhammad Mosque is located on 190, M. Mukhtarov Street.
The court acknowledged that the building is a "non-residential premise with unknown function".
Representatives of the mosque filed a complaint at the Appeal Court against the Yasamal District Court verdict. They asked to rescind the verdict because it is unreasonable and unlawful and to make a new verdict to dismiss the lawsuit.
Mustafayev said that the counterclaim was filed on behalf of Yasamal District Religious Community head Valeh Movsumov. The counterclaim requests to recognize illegal the decision of the Baku Administration and Yasamal Administration that construction of the mosque was illegal.
The lawyer said that Yasamal District Court did not give an opportunity to file a counterclaim. So, they had to submit it to the Appeal Court.
The religious community will submit a cassation appeal to the Supreme Court, as the Appeal Court dismissed the counterclaim.
Caucasus Muslims Clerical Office does not want the mosque to be pulled down.
Mustafayev asked Council of Europe Secretary General Terry Davis for help. Davis responded that he wants the dispute to be resolved under Azerbaijani laws, adding that the issue is beyond the scope of the CE.
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