Lawyer of Journalist Elnara Gasimova: “We Know There Will Be No Fair Verdict”

“None of the defendants was caught crossing the customs border with a prohibited amount of money”

On June 10, during a hearing in the Baku Court of Serious Crimes, the lawyer of detained journalist Elnara Gasimova, Bahruz Bayramov, delivered his defense statement in the so-called “Abzas Media case.”

Presided over by Judge Rasim Sadikhov, the trial saw Bayramov assert that until Gasimova’s arrest on January 13, 2024, there had been no evidence or facts proving that she had committed any of the alleged criminal acts. Nevertheless, she was detained, with the real motive being her continued journalistic activities:

“According to the 2016 decision of the Supreme Court Plenum, only if a person is caught at the customs border carrying a prohibited amount of funds can they be held criminally liable. None of the defendants was caught crossing the customs border with a prohibited amount.”

Bayramov also addressed the “organized group” charge. He noted that according to the Constitutional Court, this concept requires two essential conditions: prior agreement to commit a crime and a clear division of criminal roles among members:

“There should be evidence of this. The case files should specify where the money came from, how it was brought in, and what was done with it. But in 27 volumes of investigative materials, there is no evidence for these claims. Otherwise, it would mean the defendants colluded with the Customs Committee — because it’s impossible to cross the border with such amounts undetected. In a recent case involving smuggling gold, the customs officers involved were arrested because they acted together — that’s what constitutes an organized group.”

The lawyer emphasized that the materials compiled in the “Abzas Media case” are not only baseless but have been reused in prosecutions against other journalists:

“For example, in the case of Toplum TV journalist Ruslan Izzetli, the court order for his pre-trial detention mentioned he was arrested in connection with the ‘Abzas Media case.’ The Court of Appeal repeated this template, stating Izzetli was arrested in November 2023 alongside Ulvi Hasanli and Sevinc Vagifgizi, although he was actually detained on March 8, 2024. These errors further demonstrate how fabricated and unlawful this case is.”

Concluding his remarks, Bayramov addressed the judges:

“We know very well that a fair verdict will not be issued. It is clear as day that there is nothing you can do here. At least, I am convinced of this because these decisions are not made by you. You will do whatever instructions come from above.”

All defense lawyers in the trial stated that the charges against the defendants were fabricated.

Although they said they did not expect a fair judgment, they requested acquittal for the accused. Only investigative journalist Hafiz Babali gave his final statement at this hearing. The others will address the court at the next session scheduled for June 20.

Since November 20, 2023, six staff members of Abzas Media — director Ulvi Hasanli, deputy director Mahammad Kekalov, editor-in-chief Sevinc Vagifgizi, reporters Nargiz Absalamova and Elnara Gasimova, and investigative journalist Hafiz Babali — have been detained as part of the case. In May 2024, Azadliq Radio journalist and economist Farid Mehralizade was also arrested in connection with the case.

Initially, the journalists were charged with smuggling. In August 2024, the charges were escalated.

Local and international human rights organizations have condemned these arrests as politically motivated and have called for the journalists’ release and for the charges against them to be dropped.