BAKU, Azerbaijan, September 5. The investigation team, headed by the first Deputy Prosecutor General of Azerbaijan, which resumed criminal proceedings in connection with unlawful action of certain servicemen, serving in the military units of Azerbaijani Ministry of Defense in the direction of Tartar, Aghdam, Beylagan districts, conducted intensive investigative measures from December 16, 2021, Trend reports via General Prosecutor's Office of Azerbaijan.
The investigative measures were conducted due to the fact that group of servicemen of the units of Ministry of Defense and other units in the absence of appropriate authorization, in violation of the requirements of criminal procedure legislation, by illegally bringing alleged suspects to interrogation, committed acts of torture, inhuman and degrading treatment, physical and psychological violence, resulting in death and other grave consequences from May through June 2017.
Another 288 persons who were subjected to torture and other illegal actions were identified and recognized as victims and full, comprehensive interrogations were conducted on the circumstances of the case as well as a forensic medical examination was provided. Thus, in general, together with criminal cases as part of the previous investigation on the facts of torture, 405 victims were identified.
"The measures continue to identify and interrogate the victims in the case, as well as military personnel who committed illegal actions, and to conduct a comprehensive, complete and objective investigation of all the circumstances of the crimes committed," said the General Prosecutor's Office.
Since during the preliminary investigation evidence was obtained that, in addition to the persons whose death, as a result of torture, was established, Tamkin Nizamioglu also died later in the hospital from injuries sustained as a result of torture, his body was exhumed, and the fact of torture was confirmed by the conclusion of a forensic medical examination.
Within the framework of investigation of criminal case Bakir Orujov and Ramil Akhmedov were charged under the article 126.3 (intentional infliction of serious harm to health, resulting in the death of the victim), 145.3 (unlawful imprisonment), 293.3 (torture, cruel, inhuman or degrading treatment and punishment), 341.2.2 (abuse of official authority) and 341.2.3. In relations to these persons, a preventive measure in the form of arrest was chosen by a court decision.
The court also charged Rahib Mammadov with the involvement as an accused under the articles 145.3, 293.2, 341.2.2 и 341.2.3 of the Criminal Сode
At the same time, Gurban Jumshudov and Javid Agadadashev, who are serving their sentences, were also charged under articles 145.3, 293.2, 341.2.2, 341.2.3 and 128 (intentional infliction of minor harm to health) of the Criminal Code.
Thus, during the period that has passed since the resumption of proceedings in these criminal cases, a total of 17 people have been brought to criminal responsibility under various articles of the Criminal Code, of which a preventive measure in the form of arrest was chosen against 12 people by a court decision, one person was declared wanted, a preventive measure was not applied to four people since taking into account the serving of their sentences in places of imprisonment for other crimes.
When studying cases of persons previously brought to criminal responsibility on charges of high treason, whose guilt was subsequently found unproven, as well as those convicted of crimes against military service, violations of criminal procedural legislation were revealed, as a result of which the cases against 26 persons convicted of serious and other crimes were comprehensively, completely and objectively investigated, of which decisions were made against 19 persons to terminate criminal prosecution on exculpatory grounds, against seven other persons - for some episodes on exculpatory grounds, and for some episodes - on non-exculpatory grounds
In addition, the decision made against Mehman Huseynov and Elkhan Agazade on termination of criminal prosecution on charges of high treason on December 19, 2017 without exculpatory grounds in connection with their deaths was reversed by the Prosecutor General's Office of Azerbaijan due to the fact that they were illegal and unfounded, in accordance with these facts a full, comprehensive and objective investigation of all the circumstances will be ensured.
Moreover, the Prosecutor General of Azerbaijan sent an appeal to the Plenum of the Supreme Court of the Republic of Azerbaijan for review of judicial decisions in respect of 19 persons found guilty of high treason and other articles and sentenced to various terms of imprisonment in three criminal cases previously sent to court on the basis of evidence obtained during the investigation. due to newly discovered circumstances.
"The public will be further informed about the progress of the investigation," the Prosecutor General's Office said.