Tortures as method of investigation of crimes

In production of the Supreme Court of Azerbaijan Republic has been filed a cassation appeal of Jafarov Ali Shabanali oglu, detention of which amazes with numerous facts about tortures, falsifications of evidences, forgeries and other abuses that committed by employees of law enforcement bodies and courts.

On 22 February 2015 at 5.13 a.m. the police control room of Astara District Police Department received information about finding in territory of Archivan settlement on Astara-Baku highway near “Azpetrol” petrol station the corpse of a refueler Guliyev Iltifat Hujat oglu.

According to report of forensic expertise of the corpse no. 03 conducted on 22 February 2015 from 9 a.m. to 10 a.m., the death of Iltifat Guliyev occurred due to abundant blood loss for 4-6 hours before examination (i.e. on 22 February 2015 between 3 a.m. – 5 a.m.) from numerous injuries of varying severity of vital organs and other parts of the body with a piercing-cutting object (objects) and traumas, caused with blind object (beating).

Period of time between beginning of blood loss, death and detection of corpse by expertise has not been established.

On 22 February 2015 on this fact criminal case was instituted under Article 120.1 of the Criminal Code of Azerbaijan Republic by prosecutor of Astara District. Investigation of this case was entrusted to a group of the investigators in composition of Orkhan Guliyev (head), Zaur Gasymov and others.

During inspection of scene was established that a corpse of Iltifat Guliyev is a territory of petrol station near a fuel pump on clear floor, covered with tile. It was detected a black hat-“chechenka” near the corpse, there were found the stains of blood in a few places around the corpse. The corpse was in jeans covered with dirt on the both sides, trousers lock was open (lock down), there were 1000 manats with various notes in the pocket of trousers of the murdered.

There was found mobile telephone in a room of the petrol station and international passport issued to name of Aliyev Farman Jebrail oglu.

In addition, during inspection of the petrol station there were found the traces of woman footwear and a bag for seeds near the scene.

Results of inspection of the scene and other initial investigative actions gave grounds to check few versions on involvement in murder of specific persons.

So, according to the report no. 52, on the body of Sarhan Jafarov were detected bodily injuries received by him in day of murder of Iltifat Guliyev.

According to the report no. 88, on the trousers and footwear of Aliyev Farman, the passport of which was in the petrol station, were detected blood trails, but their group could not be established by the experts.

One of the versions concerning murder of Iltifat Guliyev clearly viewed upon familiarization with his SMS correspondents to various women. But from obscure considerations it was not examined in proper manner.

It remained unchecked a version about involvement in murder the Bayramov’s brothers.

It should especially be noted that there were no any grounds to suspect of Ali Jafarov.

Instead of objective investigation of the criminal case, the law enforcement bodies used illegal methods of falsification of proofs through unlawful deprivation of freedom, application of violence, threats, perception, tortures and other cruel, inhuman and humiliating actions.

On trumped-up, unavailable grounds, from subjective considerations a few habitants of Archivan settlement of Astara District on fabricated records were subjected to administrative arrests and in conditions of liberty deprivation being used violence, threats and tortures had been compelled to self-incrimination about, ostensibly committed murder of Iltifat Guliyev.  

On 26 February 2015 officers of the Astara District Police Department fabricated obviously forged administrative record on the fact that, allegedly, on 26 February 2015, about 6 p.m. in Heydar Aliyev ave. of Astara town Jafarov Ali Shabanali oglu committed administrative offence – obstructed the police.

Meanwhile, it seen from the case-file that on 26 February 2015 at 6 p.m. Ali Jafarov together Samir Jafarov and Hamid Veliyev were in the office of Astara District Prosecutor’s office in a room of investigator Orkhan Guliyev, where took part in seizure. That is, he could not be at this time in H. Aliyev ave. and to commit there administrative offense.

On 26 February 2015 from 7 p.m. to 8.40 p.m. Ali Jafarov was interrogated in Astara Prosecutor’s office as a witness by investigator Zaur Hasanov and told in details about where and to whom he was from 21 to 26 February 2015.

In particular, Ali Jafarov stated on alibi and pointed specific persons, which would have confirmed his testimonies.

There were not given any testimonies by Ali Jafarov concerning his any involvement in murder of Iltifat Guliyev.

Nevertheless, on 26 February 2015 after interrogation Ali Jafarov on the grounds of forged administrative record was illegally detained and till morning he kept in Astara District Police Department.  

On 27 February on the grounds of fabricated materials a judge of Astara court Mubariz Mammadov made obviously illegal ruling about administrative arrest of Ali Jafarov with term on 10 days.

27 February 2015, after the court session Ali Jafarov was illegal delivered in Baku in Department of the MIA on Combat to Organized Crime, where during three days in terms of unlawful deprivation of liberty through systematic tortures, physical and psychic violence, sophisticated, cruel, inhuman and degrading actions has been forced to self-incrimination about allegedly committed murder of Iltifat Guliyev.

Being unable to withstand the torture, with purpose to stop them Ali Jafarov had agreed to self-incriminate him and confirm fictitious circumstances ostensibly committed by him crimes.

1 March 2015 in Baku in office of the Main Department for Combat to Organized Crime (MDCOC) of the MIA of Azerbaijan Republic an investigator of Astara Prosecutor’s office Orkhan Guliyev in presence and participation of officers of the MDCOC made up obviously forged record of interrogation of Ali Jafarov as witness.

In the record the investigator indicated that, ostensibly, after the first question concerning personal data, Ali Jafarov has been confessed in murder of Iltifat Guliyev and told the circumstances its commission.

Actually, a content of forged record of interrogation was thought up by Orkhan Guliyev in compliance with his fantasy and experience of falsification of evidences.

After interrogation, on 1 March 2015 in Baku in office of the MDCOC the investigator Orkhan Guliyev made up decision and a record on receiving of nail samples of Ali Jafarov.

Till 3 March Ali Jafarov illegally had been kept as a witness in Baku in the MDCOC of the MIA of Azerbaijan Republic, where he had forced physical and psychic impact, he had been intimidated in order not to refuse from confessions concerning allegedly committed murder of Iltifat Guliyev.

On 3 March 2015 at 1.08 p.m. in Astara the investigator Orkhan Guliyev made up a record on detention of Ali Jafarov as suspected, had appointed to him a defender from the Astara District lawyers, and at the same day had fabricated the records of interrogation as suspected and verifying the testimonies in crime scene, during of which Ali Jafarov at mass congestion of the policemen and under their impact repeated everything learnt by heart in the MDCOC of the MIA of Azerbaijan.

On 5 March 2015 Ali Jafarov was brought to criminal liability under Article 120.2.5 of the Criminal Code for murder of Iltifat Guliyev and interrogated as accused in presence of R. Alyshev, a new defender-counsel of Absheron legal consultation.

During interrogation Ali Jafarov did not confess himself a guilty in brought charge, had refused from given testimonies in the MDCOC, stated that he did not commit the murder of Iltifat Guliyev, did not buy, used and hidden heroin. He needed to incriminate him due to tortures in the MDCOC in Baku, and had signed fabricated records of interrogation, verifying the testimonies, search and other documents under physical and psychic violence due to fear of continuance of the torture.  

The same testimonies Ali Jafarov gave in all forthcoming interrogations in course of investigation, in first instance court and appellate proceedings.

In particular, Ali Jafarov showed that heroin was given him by officers of Astara District Police Department Anver (deputy of chief) and Vusal (a chief of the department for combat to drugs) for imitation of voluntary issuance.

Nevertheless, by verdict of the Lenkoran Court on Grave Crimes of 12.02.2016 Jafarov Ali Shabanali oglu found guilty in commission of the crimes under Articles 120.2.4, 120.2.11, 181.3.3, 228.4, 234.1 и 206. 2 of the Criminal Code of Azerbaijan Republic and have sentenced to 19 years and 6 months in prison with calculation of punishment term from 3 March 2015.

With decision of the Shirvan Court of Appeal of 21.07.2016 (part 2 of operative part) the verdict of the Lenkoran Court of Grave Crimes no. 1(089)-21/2016 in respect of Jafarov A.Sh. has remained unchanged.

With this decision (part 3 and 4 of operative part) the decision of the Lenkoran Court on Grave Crimes of 12.02.2016 was changed and the term of calculation of punishment of Jafarov A.Sh. has been determined on 26 February 2015, by what was confirmed the fact of torture of Jafarov in the MDCOC.

Let’s wait for a decision of the Supreme Court.

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