Prosecutor to appeal against court's decision to release individual accused of inflicting bodily injuries to Azerbaijan’s People’s Artist (UPDATE)
EDITOR's NOTE: comments of investigation group head Asif Behbudov and People's Artist Faig Agayev were added
Azerbaijan, Baku, Nov. 27 / Trend K. Zarbaliyeva /
A measure of restriction in the form of arrest for two months towards Seymur Mammadov, who is accused of inflicting bodily injuries to the Azerbaijani People's Artist Faig Agayev was replaced by house arrest, Nizami District Police Department's investigator Jovdat Isgandarov told Trend.
According to Isgandarov, the Prosecutor's Office voicing disagreement with such a court decision, appealed against the decision of the court.
Isgandarov said in case of rejection of protest by Appeal Court Mammadov will be released from arrest.
"At present, Seymur Mammadov is under arrest and his release dependents on the Appeal Court's decision," Isgandarov said.
A term of the arrest, chosen by the Nasimi District Court against Mammadov as a measure of restriction ends in late November, and in view of the investigative necessity at the police's petition the term of stay of the accused under the arrest was extended for a month more Nov. 24, the investigation group head Asif Behbudov told Trend.
According to him, Mammadov's lawyer asked the court to replace the measure of restriction by house arrest. The lawyer grounded his request with the fact that the his client conducted a crime of low severity, Behbudov said. The lawyer's petition was satisfied at a hearing presided over by Judge Ikram Shirinov.
"But the Prosecutor's Office isn't agree with the court's decision, in connection with which announced its intention to file a protest appeal," Behbudov said.
Faig Agayev's press office in its statement called the court decision against a person posing a threat to society, who repeatedly committed offenses, on the release under police control, erroneous and illogical.
"Nasimi District Prosecutor's Office intends to protest the decision. We hope that as a result of consideration of the issue by the Baku Court of Appeal illogical decision of the Judge Ikram Shirinov on the actual release of Seymur Mammadov, an active participant in the bloody incident, will be canceled. We hope that his arrest would be extended until the end of the investigation and he would be isolated from society," the statement says.
Passengers in an Audi, registered 10-FA-222 and driven by Agayev, got into an argument with the driver and passengers of the VAZ-2107 in the Nasimi district of Baku on the morning of Sept. 27.The cause of dispute was the reluctance of drivers to give way to each other. Agayev and his two bodyguards were seriously injured as a result of the incident.
Based on the Nasimi District Court's decision, the suspects in the case have been put under preventative detention following the attack. Melikov will be detained for three months. A second suspect, Mammadov, was detained for two months.
Melikov was charged under Articles 126.2.1 of the Criminal Code ("Deliberate causing of serious harm to health, that is harm dangerous to human life, concerning two or more persons, and also repeatedly or by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community [organization]"); 126.2.4 ("Deliberate causing of serious harm to health, that is harm dangerous to human life; hooliganism"), 221.3 (hooliganism committed with application of a weapon or subjects, used as the weapon). Mammadov was charged under Articles 221.2.1 (hooliganism committed by group of persons).
A third suspect involved in the incident, Sharifova, was charged under Article 221.3. She gave a written undertaking not to leave town as she has two children.