Bakhtiyar Hajiyev Appeals 10-Year Conviction; Supreme Court to Rule on Misconstrued Funds

Bakhtiyar Hajiyev

The court has started hearing Bakhtiyar Hajiyev’s appeal.

Hajiyev, who has been imprisoned for almost three years, asserts that 12,000 euros he received from the Azerbaijani government, as ordered by the European Court of Human Rights, were wrongly labeled as proceeds of crime during the investigation. The Baku Court of Grave Crimes also ordered the money be taken away.

Hajiyev brought this up at the Supreme Court session on November 5.

He was taken into custody on December 9, 2022, and sentenced to 10 years in prison on January 13 on charges including smuggling currency, money laundering, and tax evasion.

Hajiyev denies all charges, saying the case against him was politically motivated. He pointed out that he was first arrested on charges of hooliganism and contempt of court, with the more serious charges added later. He specifically contested the charge of “legalization of property obtained by crime” under Article 193-1 of the Criminal Code.

"I didn't speak at the appeals court as I didn't expect justice there. I have some hope for the Supreme Court, though not complete," he said.

His lawyer, Elchin Sadigov, echoed these concerns, criticizing the lower courts' decisions. He said that the defense had filed over 70 motions during the trial, none of which were granted.

"If our motions had been accepted and investigated, Hajiyev’s innocence would have been proven," Sadigov said.

Both Sadigov and Hajiyev asked the Supreme Court to acquit him.

Tax Evasion Claim

Hajiyev faces charges of tax evasion. The State Tax Service, acting as the injured party, seeks 52,000 manats.

The Baku Grave Crimes Court granted this claim, ordering the money be taken from Hajiyev, a decision the Baku Court of Appeals upheld.

At the Supreme Court meeting on November 5, the Tax Service representative said, "We ask that the appeal not be granted on our part."

The prosecutor agreed, calling the previous court decisions legal and justified and asking for Hajiyev’s appeal to be turned down.

Supreme Court to Investigate More

Judge Alasgar Novruzov, who led the court, decided to look at more evidence.

The final decision is expected to be announced on November 18.

Radio Liberty reports that Hajiyev said he was arrested by order and that the charges were increased to impose a harsher sentence, including Article 193-1 of the Criminal Code (money laundering).

The lawyer stated that the Baku Grave Crimes and Baku Appeal Courts had made unfair. He added that over 70 petitions had been ignored.

A representative of the State Tax Service asked that the appeal not be granted in the civil claim.

The prosecutor said that Hajiyev's appeal was without merit and that the court decisions should stand.

Hajiyev was detained in December 2022 on charges of hooliganism and contempt of court.

He faces charges under Articles 192 (illegal business), 193-1 (money laundering), 206 (smuggling), 213.1 (tax evasion), and 320 (forgery).

Hajiyev denies the charges.

Human rights groups believe the arrest is politically motivated.

Hajiyev claims the 12,000 euros from the Azerbaijani government were wrongly labeled as criminally obtained funds.

Hajiyev claims he was arrested on the orders of Interior Minister Vilayat Eyvazov for his criticism.

The Ministry of Internal Affairs denies it.