The defendant entered into a criminal relationship with an organized criminal group due to a feud with the victim, another citizen of Baku, Azerbaijan. This feud began when the victim allegedly demanding 1.500.000 USD from the defendant's accomplice in Moscow, Russia "Mustafa", and member of the above mentioned organized criminal group, based on the victim's share of profits resulting from a joint commercial activity connected to the sale of crude oil products.
Another accomplice, and member of the above mentioned organized crime group, "Ilja" on order of killing the victim arrived in Baku from Moscow on 21 October 2009. "Ilja's" alleged purpose of visit was to hand over to the victim a fraction of the amount demanded. The victim and "Ilja" agreed to meet for breakfast in a restaurant on 31 October 2009. The investigation shows that from the time of arranging the meeting on 21 October 2009 and the actual meeting on 31 October 2009, "Ilja" travelled back to Moscow on 22 October 2009 and then back to Baku on 30 October 2009.
During the meeting between the victim and "Ilja" on 31 October 2009, "Ilja" proposed to drive to a summer house (dacha) where the handing over of a fraction of the demanded amount would take place. At this time, the defendant was awaiting the victim and accomplice "Ilja" at the summer house. The trip from Baku to the summer house, which was a few kilometers outside the city, happened in a "Nissan Teana" as was agreed between the two during their meeting that morning.
Once arriving at the summer house, "Ilja" opened live fire from an illegally obtained and transported firearm of the make Makarov, intentionally killing the victim.
With the intention to destroy evidence, the defendant and "Ilja" wrapped the body of the victim in cellophane, laid it in the Nissan Teana and transported it to the water channel Samuh-Apsheron, where it was disposed. The same day, the defendant and "Ilja" drove the same Nissan Teana to the village of Shirali-Ahundov, of the city Quba, left it there and returned to Baku. The defendant returned to Quba on 5 November 2009, at around 3-4 o'clock, and burnt the Nissan Teana where it was standing.
The summer house, where the accomplice "Ilja" intentionally killed the victim, belonged to the defendant. Investigation shows that the defendant also held an illegally obtained firearm of the make Beretta, together with three suitable 7.65mm calibre bullets at the summer house, as well as an additional five identical bullets in the defendant's Baku apartment.
The defendant pleaded not guilty to crimes under Articles 120.2.1, 120.2.5 (concerning deliberate murder, specifically committed by a criminal organization), and 228.4 (concerning illegal purchase, selling, transport or transfer of firearms) before the court. However, the defendant pleaded guilty for involvement in the covering of evidence connected to the killing of the victim.
The court heard testimonies of twelve witnesses, of which all supported the chain of events laid out by the prosecutor. Evidence gathered by investigators, such as a firearm of the make Beretta and eight 7.65mm calibre bullets were stored with the relevant authorities of the Ministry of Interior.
The defendant was charged guilty under Articles 120.2.1, 120.2.5 (13-year prison term) and 228.3 (5-year prison term) of the Criminal Code of Azerbaijan, accumulating to a 18-year prison term. Under article 66.3, which deals with consecutive sentencing, the court decided to pass a 14-year punishment, of which the first four years were to be spent in prison and ten years in a strict correction facility. The sentence was enforced on 16 February 2010.
Azerbaijan
Russian FederationAdditional to the court ruling, the court ordered the defendant to pay a fee of 349 Azerbaijani Manat (approx. 445 USD) for the special investigative techniques and expertise used during the investigation.
The plaintiff assignee is the victim's widow.
The Baku Court on Grave Crimes sentenced the defendant under Articles 120.2.1, 120.2.5 (13-year prison term) and 228.3 (5-year prison term) of the Criminal Code of Azerbaijan, accumulating to a 18-year prison term. This ruling was made based on the evidence gathered from witness' and victims' testimonies.
Under article 66.3, which deals with consecutive sentences, the court sentenced the defendant to a total of 14 years imprisonment, of which the first four years were to be spent in prison and ten years in a strict correctional facility. Enforcement of this sentence began on 16 February 2010.
The Criminal Code of the Republic of Azerbaijan, Art. 120.2.1, 120.2.5, 228.3.
Murder by an organized criminal group;
Illegal purchase, transfer, selling, storage, transportation and carrying of fire-arms, accessories to it, supplies, explosives.
14 years in total, of which the first four are in a prison and 10 in a strict correctional facility.
Baku Court on Grave Crimes
Ruling of the Baku Court on Grave Crimes, no. 1(101)-542/2011, 12 October 2011.
It is worth noting that the defendant had been charged in court before. In 1982, the defendant was found guilty under Article 170 of the Criminal Code of Azberbaijan, concerning deception of minors to become involved in criminal activity. Furthermore, in 1996, the defendant was found guilty under Article 220, concerning organization of mass disorder.
The defendant has a child who is a minor. He is also the Vice President of the publishing house "Ayna " These factors, amongst others were taken into consideration during the court proceedings and reflected in the court's judgment, pursuant to Articles 59 and 61 of the Criminal Code of Azerbaijan.