Independent Journalists Face Aggravated Charges and Health Woes in Ongoing 'Toplum TV Case' Trial

The ongoing "Toplum TV case" continues to unfold in the Baku Court of Grave Crimes, with recent hearings highlighting both the legal challenges faced by independent journalists and severe concerns over their health and treatment in custody. On July 14, during proceedings presided over by Judge Azer Taghiyev, journalist Farid Ismayilov protested his mandatory court appearances due to deteriorating health, while Akif Gurbanov, head of the Institute for Democratic Initiatives (IDI), vehemently rejected smuggling and tax evasion charges against him.

The "Toplum TV case" began with a search and sealing of the "Toplum TV" office on March 6, 2024. Since then, criminal cases have been initiated against 10 individuals. Initially charged under Article 206.3.2 of the Criminal Code (smuggling, committed by a group of persons), more serious charges were brought against them on January 17, 2024 (or 2025, as per article 1/2).

Among those arrested are Alesger Memmedli, co-founder of "Toplum TV"; journalists Mushfig Jabbar and Farid Ismayilov; Akif Gurbanov, head of IDI and spokesperson for "III Republic Platform"; Ruslan Izzetly, founding member of "III Republic Platform"; and IDI employees Ali Zeynal, Ramil Babayev, and Ilkin Emrahov. Journalist Elmir Abbasov was placed under police supervision. "Toplum TV" has consistently stated that these events are directly related to their professional activities, viewing the case as a clear form of pressure against independent media.

Farid Ismayilov, one of the journalists arrested in the case, made a plea to Judge Azer Taghiyev on July 14, protesting his forced transportation to and from court. He cited a significant deterioration in his health as the reason for his refusal to attend. Ismayilov has a serious medical history, having undergone seven surgeries, six of which were on his heart and lungs. Upon his arrest, he famously stated, "With this decision, you are sending me to my death."

His lawyer, Zibeyda Sadiqova, confirmed to Meydan TV that Ismayilov's health worsens significantly after each court appearance. She explained that the vehicle used for his transport is often in poor condition, and he struggles to remain at court for extended periods. "After every court session, he receives IV drips and medication. Consequently, he frequently falls ill," Sadiqova stated. She added that Farid has repeatedly asked the judge to only attend court when his testimony is required, a motion that has consistently been rejected. However, Judge Taghiyev indicated that arrangements would be made for Ismayilov to be transported in a better vehicle in the future.

Sadiqova further elaborated on the legal standing of Ismayilov's request. While Article 304 of the Criminal Procedure Code mandates the presence of the accused in court, Article 51-2 allows for court and investigative actions to be carried out via videoconference if a person has health or other valid reasons. Given Ismayilov's severe health condition and the fact that he is already in custody with no flight risk, his lawyer believes his physical presence should not be mandatory. She plans to file a motion for his participation via videoconference in the next hearing. Sadiqova also pointed to international legal systems, where proceedings can continue without the accused in cases of health issues, security risks, or voluntary refusal, provided the refusal is voluntary and legally justified.

During the same July 14 hearing, Akif Gurbanov, head of IDI, continued his defense, rejecting the charges of smuggling and tax evasion. Gurbanov asserted that his organization was prevented from registering in Azerbaijan and operating as a taxpayer, which led to IDI being registered in Georgia.

He also discussed the establishment of the "Faktyoxla" (Factcheck) platform, highlighting it as Azerbaijan's first fact-checking initiative. Gurbanov noted that the state later developed its own alternative resources and revealed that he declined an offer of cooperation from a state agency.

Another notable incident during the hearing involved Ali Zeynal, an IDI employee, who reported that Penitentiary Service employees had confiscated notes intended for the defendants' lawyers. When questioned by Zeynal, Judge Taghiyev denied giving such an instruction and advised addressing the leadership of the Penitentiary Service to investigate the matter.

The "Toplum TV case" trial is set to resume on July 21. The ongoing proceedings continue to draw attention to the challenges faced by independent journalists in Azerbaijan, with concerns mounting over due process, the nature of the charges, and the well-being of those detained. The case is widely seen as a significant example of pressure exerted against independent media in the country.