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False information aimed at creating a society misconception of the taken decisions was reflected in some media articles published recently in relation to the resolution of the Plenum of the Supreme Court of the Azerbaijan Republic from 11 November 2010 in two cases against Fatullayev on the basis of the request of the convicted which was entered into the force on 4 October 2010 the European Court of Human Rights on 22 April 2010, as well as in an interview to his lawyer E. Sadigova. The articles of several newspapers indicate that the legal resolution of the Supreme Court from November, 11 2010 on Fatullayev, raised the terms of the sentence of imprisonment and that situation hardened the position of the convicted, but on the other hand - because of for non-enforcement of the European Court of Justice he is still unreasonably detained.
In the first place, the Supreme Court of Azerbaijan Republic claimed that according to the requirements of criminal procedure, neither the court of appeal, nor the Plenum of the Supreme Court has no authority to make a decision on the increase of a sentence of convicted, or otherwise aggravating his situation. The Supreme Court and the Plenum under the principle of rule of law always comply with these requirements on all pending cases and executing justice are exacting to make legitimate, objective and fair decisions.
In connection with the legal resolutions from November 11 2010 made by the Plenum of the Supreme Court regarding Fatullayev, it is necessary to note that the proceeding of the case was finished in accordance with the abatement of the decision of the Court of Review. By the second resolution from the same date, the decision of Court of Review regarding Fatullayev was reversed only in part on two charges (under articles 214.1 and 283.2.2 of the Criminal Code) and the proceedings finished. In addition, Fatullayev in that case was also sentenced to a punishment of imprisonment for a term of four (4 months) for tax evasion. Due to the fact that he committed the crime during the period of probation, the sentence applied Yasamal District Court from September 26, 2006 (in accordance with this sentence Fatullayev was sentenced to a punishment of imprisonment for a term of two (2) years probation), Plenum on the basis of the criminal law governing the sentencing of cumulative sentences (Article 67.1 of the Criminal Code), partly by combining sentence imposed the convicted by first and last sentences, determined him to the final punishment of imprisonment for a term of two (2), 3 (three) months. Taking into account that E Fatullayev fully served the penalty, and that the proceedings in a private prosecution against him was dropped, the Plenum in both considered cases made a decision to release him from the custody.
Apparently from the legal resolution made by the Plenum on November 11, 2010 on a criminal case against Fatullayev, it fully complies with the requirements established by the European Court on April 22, 2010, and by this decision terms of the sentence of convicted for tax evasion, and on the totality of sentences, not only were increased, and inversely, the period of the final sentence was reduced and his situation was facilitated.
Resolutions made by the Plenum of the Supreme Court against Fatullayev were discussed at a meeting of the Committee of Ministers on December 3 2010, where the decision about the Committee’s satisfaction with these terms was made.
As for the content of Fatullayev’s custody, the decision was made in connection with the commission of another crime by him in the institution serving a sentence, and a criminal case on this crime was considered only by the trial court was not a subject of discussion at a meeting of the Plenum of the Supreme Court of Azerbaijan Republic.
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