The court bailiffs of the Yasamal district have taken up a 3-year-old sentence on forfeiture against the head of Talysh Cultural Center and the newspaper Tolyshi Sado Novruzali Mamedov, who died in prison two years ago.
Mamedov was found guilty of collaboration with the Iranian intelligence and convicted to 10 years of imprisonment. The court also decided to confiscate the man’s property allegedly purchased by the Iranian side.
As head of the committee for Mammadov’s rights and the current editor of Tolyshi Sado Hilal Mamedov told Turan, the property includes a table, 5 chairs, a carpet and a TV set.
Despite the tragedy of the Mamedovs family - the death of its head and his two sons, the Judge of the Supreme Court Shakir Alasgarov who signed the sentence in July 2010, sent the decision on the forfeiture to the Yasamal court.
Moreover, the man's widow, 72-year-old M. Mammadova, who lives in Moscow under the tutelage of the UN High Commissioner, is threatened with criminal action and search.
According to H. Mamedov, the family once offered the court to take the things subject to confiscation, but then they did not.
"There is no humanity or common sense in the actions of these people who would leave alone the elderly woman who lost her husband and two children,” said H. Mamedov.
According to him, the problem of enforcing judgments is compounded by the fact that the family of the deceased because of the difficult financial situation was forced twice to sell their apartment and move from place to place.
H. Mammadov and the lawyer Ramiz Mammadov today handed the bailiffs a computer desk (estimated at AZN 40), 4 chairs (AZN 150), and a carpet (AZN 200). The remaining table and TV set priced at AZN 60 and AZN 100 manat will be handed over to the court in the near future.
The lawyer did not comment on the moral side of the issue, saying only that "perhaps the state needs these funds."
As to the legal side, according to Article 306 of the Criminal Code, if the court's decision is not executed inadvertently, then the case should be dismissed. This case is just the thing under this rule, since Mammadov and his two children died, and the sick widow is abroad.
The counsel also noted that the complaint of the Mammadov case is in production of the Strasbourg Court. He believes that with respect to N. Mamedov the officials violated Articles 2, 3, 5, 6, 8, 10 and 13 of the European Convention for Human Rights and Article 1 of its first protocol (Turan).