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| Leyla Yunus Honored with Theodor Haecker Award, May 6 2013 photo: Aziz Karimov |
As before, the room was packed with dummies and employees of the court and the prison service.
Only three foreign diplomats and 1-2 independent journalists were able to get in.
The lawyers Ramiz Mammadov, Elchin Gambarov and Afghan Mammadov clearly and logically refuted all the allegations.
In particular, such charges as fraud, tax evasion, misappropriation and abuse were not reflected in the trial. "There is no evidence of this, as well as the victims. That means there is not any crime and there is not any object of the crime," said the lawyer Ramiz Mammadov.
“The allegations of the illegal use of grants and embezzlement, illegal transfers of money from one account to another without registration and grants fraud contradict the provisions of the law of Azerbaijan. If you have already seen the consequence of such violations, then why do they affect only the last years of Leila Yunus, because she implemented donor grants for 20 years?
Similar "crimes" are committed by all grantees in this country, then why do they attract only Leila and Arif Yunus to criminal proceedings, and no one else?" said the lawyer.
He also called senseless accusations of tax evasion. Grants are awarded to NGOs. They do not have the money from the state budget of Azerbaijan. How can these funds be taxed for the legal entity, if the grantee is a natural person? Why are these tests conducted by the Azerbaijani Finance Ministry?
The indictment attributed grants realized by the Crisis Center to Leila Yunus. Donors themselves in the face of the Soros Foundation, NED and Marshall confirmed that to Leila Yunus these projects have no relationship, as well as the fact that donors have no claims to the performers.
Absolutely ridiculous are accusations of misappropriation and embezzlement of funds. Investigators believe the theft is that Leila and Arif transferred money from their accounts or kept large sums in the accounts. This is not a violation or crime. Regarding the origin of the money that is AZN 170 thousand from the state compensation for the demolished cottage of Leila Yunus. Moreover, there is the Supreme and Appeal Courts to prove it.
Given all this, the lawyer Ramiz Mamedov called to acquit Leila Yunus on all these points.
The second lawyer Elchin Gambarov noted that the true reason for the arrest of Leila Yunus and her husband is their socio-political activities, protection of the rights of political prisoners, prisoners of conscience.
Authorities fear the Orange Revolution, and think that it is carried out everywhere by non-governmental organizations funded by Western donors. How can human rights be considered anti-state activities? For all these years, IPD has provided legal assistance to hundreds of victims of arbitrariness and violence.
"The investigation separated charges of espionage in favor of Armenia, but the court invited the so-called witnesses who claimed that Leila Yunus could cooperate with Armenians. Why is this done?" then said the lawyer.
Referring to the prosecutor’s proposal to sentence Leila and Arif to 11 and 9 years, the lawyer called it a "death sentence." For the sick and the elderly it is a clear death and if it happens, then the responsibility will fall on those who are sitting in this room, the lawyer said, and urged the court to acquit the defendants.
The lawyer for Arif Yunus, Afghan Mammadov stressed that the charges against Arif completely burst. No witness and no evidence supports the offenses on his part. Moreover, all the witnesses for the prosecution and the so-called victims have stated that they do not consider themselves as such.
The investigation accuses him that he has seven bank accounts. This is absurd as what is illegal in that? "Therefore, I ask the court to acquit Arif Yunus," said the lawyer.
After a short break, the judge granted the defendants the last word.
Leyla Yunus stressed the merits of her lawyers, noting that the authorities in the past year and a half removed from four of her lawyers from work. “This was done because the lawyers informed the press about the violation of my rights and violence and lawlessness in the prison by Major Yakubov and others," she said.
"In Azerbaijan, there is an atmosphere of the 19th century and the situation of red fascism of the 30s of the 20th century, when public prosecutors are so foolish and stupid that they concoct charges anyhow. In court, representatives of the banks have stated that our bills are legitimate and no violations were made. However, the illiterate prosecutor still does not know that Leila Yunus does not have a separate account, we share an account with Arif and we transfer money to each other, including on a joint account abroad. Where is the crime?
Representatives of the banks also indicated that for 10 years on our accounts there were no illegal operations. The money was spent on representative and administrative measures and those costs are not subject to taxation.
Rena Safaralieva that spoke here rejected allegations of the investigation that she had suffered material damage from cooperation with me.
"On what basis am I accused of falsifying documents? What and where did I forge? We used the grants to hold seminars and conferences, to publish books and provide legal advice," Leila Yunus continued.
She further accused the authorities of holding a closed trial. "You're afraid of our words. You are afraid that people will know what is happening here, in the country. The country is in the fascist regime and under the gang of robbers. So, you take out our death sentence. But this is a historic trial, as trials of our comrades, "'said Leila Yunus.
Her husband Arif Yunus in his final statement thanked the lawyers and expressed gratitude to his wife.
"I am happy that I have such a companion in life. And if I had to live this life again and go through all these torments, again I would choose Leila as life companion. I am proud that she is now next to me in the most difficult days of my life. Our fault is that we want to change this country for the better, and we have always been pursued for that. In 1987 they interrogated and accused me, when I first described the fate of the refugees from Kafan (Armenia). We wrote and spoke the truth about the Khojaly tragedy. Thanks to us, these messages went to the world. We were never afraid of difficulties and refused to exile for one reason - this is our country and we could not leave it for a full life abroad. We are not just punished, but we are tortured at this court. How could they question a man with a pressure of 240 to 120? I could hardly stand on my feet, you see it, but you continue it. Is this your European standards?
I am a historian and I know that all is temporary and relative. Arresting us, the authorities have entered into history, and you the judges and prosecutors get there too. Remember this," said Arif Yunus and immediately lost consciousness.
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