Toplum TV Case: Defense Demands High-Level Testimony and Judicial Recusal

The ongoing legal proceedings in the "Toplum TV case" took a significant turn during the latest hearing at the Baku Grave Crimes Court on December 29. Presided over by Judge Azer Taghiyev, the session focused on the testimony of witnesses currently outside the country and several high-stakes motions from the defendants, highlighting the deepening tensions between the independent media outlet and the state.

One of the key testimonies came from journalist Nigar Mubariz, who joined the session online from abroad. She detailed her history with the Institute for Democratic Initiatives and Toplum TV, expressing gratitude to her mentors, Alesker Mammadli and Akif Gurbanov, for providing free journalism training. Mubariz recounted a troubling period starting in May 2024 when she was unexpectedly barred from leaving the country at the airport despite holding a valid US visa. It was only after multiple rounds of questioning—where investigators initially focused on her personal life rather than her professional activities—that the travel ban was lifted once authorities confirmed she was not an active correspondent for Toplum TV.

The courtroom atmosphere grew more charged as the defendants challenged the impartiality of the process. Ruslan Izzatli, a founding member of the III Republic Platform, filed a motion requesting the court to summon Hikmet Hajiyev, Assistant to the President of Azerbaijan. Izzatli argued that Hajiyev’s public statements during COP29, where he characterized the activities of the Toplum TV detainees as anti-state, made his testimony essential to the case. However, the court chose to leave this motion unaddressed. Following this, defendant Farid Ismayilov moved for the removal of Judge Azer Taghiyev from the case, though this request was promptly denied.

A central point of contention involved the legal classification of the charges. Media expert and Toplum TV co-founder Alesker Mammadli challenged the state prosecutor's justification for denying his house arrest. The prosecutor had claimed that Mammadli, accused of a "particularly grave crime," posed a risk of re-offending. Mammadli pointed out that the charges against him do not fall under the legal definition of "particularly grave" in the Criminal Code, labeling the prosecutor’s statement a violation of the presumption of innocence and a form of slander. While the judge dismissed the discrepancy as a mere "technical error," Mammadli announced his intention to file a separate lawsuit against the prosecutor for defamation.

The "Toplum TV case," which began with a wave of arrests in March 2024, now involves ten individuals facing serious charges. While the initial accusations focused on smuggling, the charges were later upgraded to more severe offenses. The defendants, including prominent figures like Akif Gurbanov and various staff members of the Institute for Democratic Initiatives, consistently deny all allegations, maintaining that the case is a politically motivated attempt to silence independent journalism. The trial is scheduled to resume on January 5.