“Toplum TV case” updates

Toplum TV journalists and other civil society members were detained during the year-long preliminary investigation into the case. The first preparatory hearing on the “Toplum TV case” was held at the Baku Grave Crimes Court on April 2. Alasgar Mammadli, founder of Toplum TV, recalled during the proceedings that he had serious health problems and requested to be placed under house arrest.

Alasgar Mammadli’s health situation falls into the category of life-threatening illnesses, and the detention of individuals with such illnesses is considered torture and ill-treatment under the European Convention of Human Rights.

Akif Gurbanov, another person arrested in the case, also denied the charges. “If you say that this is a gang and I am the leader of the gang, do I influence others? Then keep me and release everyone,” Akif Gurbanov called on the judge. Journalist Ali Zeynalov, who was arrested in the case, said that if Akif Gurbanov is kept behind the bars, he will stay with him.

On April 24, the Baku Serious Crimes Court began hearings in the “Toplum TV case,” with defendants rejecting smuggling charges and calling the case politically motivated. Akif Qurbanov of the III Republic Platform criticised government-aligned media and President Ilham Aliyev for labelling them “smugglers” without a verdict, violating the presumption of innocence. Judge Azer Tagiyev agreed, stating no one should be called a smuggler without a ruling. Defendant Ruslan Izzatli demanded the state prosecutor Kamran Aliyev testify in court, while his lawyer pointed out procedural irregularities in the arrest. Defendants also challenged the state prosecutor’s impartiality.

The decision to bring Ruslan Izzatli, a founding member of the III Republic Platform and a politician who was arrested in connection with the “Toplum TV case,” to criminal liability was forged.

The next hearing is set for May 5.

May updates:

At the latest trial held on May 19 at the Baku Grave Crimes Court, parts of the indictment related to “Toplum TV” founder Alasgar Mammadli and Institute of Democratic Initiatives (IDI) director Akif Gurbanov were announced.

Separately lawyers for both Mammadli and political activist Ruslan Izzatli (from IDI) petitioned the court to replace their clients’ pre-trial detention with house arrest, but these requests were denied.

On march 6, 2024, Toplum TV faced criminal investigation in which at least ten individuals were arrested.

Although a criminal case was initially opened against them under Article 206.3.2 of the Criminal Code (smuggling committed in advance in collusion with a group of persons), new charges were brought against them in January 2025, with aggravating articles.

The next trial is scheduled for June 2.

June updates:

On June 23 indictments against all Toplum TV journalists and those on trial as part of a criminal investigation launched against the online news outlet were finalized and shared. The next hearing is scheduled on June 30.

On June 2, the Baku Grave Crimes Court announced parts of the indictment concerning Toplum TV journalist Mushfig Jabbar, Institute for Democratic Initiatives (IDI) team members Ali Zeynal and Ramil Babayev, and Ruslan Izzatli, a founding member of the Third Republic Platform. Previously, on May 19, the court announced the indictment concerning Akif Gurbanov, Director of the Institute for Democratic Initiatives, and Alasgar Mammadli, co-founder of Toplum TV.

Separately, on June 23, during the hearing, arrested journalist Farid Ismayilov told the judge he was protesting against being transferred to and from the court room, citing his poor health condition as the reason. Suffering from low blood pressure, Ismayilov told the judge to read his verdict ahead of time especially if all Toplum TV journalists and those affiliated with the on-going case, will face similar consequences as the Abzas Media journalists.

On June 30 Farid Ismayilov, a journalist with Toplum TV, during the trial requested the recusal of judge Elnur Nuriyev, arguing that he had previously issued politically motivated rulings and therefore should not participate in this one. The motion was denied.

July updates:

July 7 proceedings – During the proceedings, the testimony of Akif Gurbanov, head of the Institute for Democratic Initiatives (IDI), was heard.

Gurbanov began by discussing the history of IDI’s establishment and the training programs conducted to educate young people. He explained his refusal to testify during the investigation by stating that the investigative body prioritized fabricated evidence, which led to his dissatisfaction.

During the same hearing, Farid Ismayilov, an employee of Toplum TV, raised several motions. In one motion, he requested an investigation into articles published in pro-government media that he claimed contained investigative secrets. The judge demanded that he present screenshots of these articles at the next session.

In another motion, the journalist highlighted that the State Tax Service, which appeared as a victim in the previous session, demanding 79,000 manats from those arrested in the “Toplum TV case,” constituted a violation of the Procedural Code. The judge responded that questions could only be addressed to the victim’s side after the accused individuals had completed their testimonies.

Consequently, the judge left the motions unaddressed.

July 14 proceedings – Farid Ismayilov, a journalist detained in connection with the “Toplum TV case,” has raised objections to being transported to court due to deteriorating health. Ismayılov has undergone seven surgeries, six of which were related to heart and lung issues. The journalist was initially placed under police supervision after his arrest on March 6, 2024. However, on January 17, 2025, the Khatai District Court converted his status to pre-trial detention. Lawyer Zibeyde Sadigova confirmed that each transfer to court in inadequate conditions harms Ismayilov’s health. Azerbaijani legislation requires defendants to attend their trials in person. However, Article 51-2 (of the Criminal Procedure Code) allows exceptions in cases of serious health issues or other valid reasons—permitting proceedings to be conducted via videoconference.

July 21 proceedings – in a motion raised by lawyers representing Farid Ismayilov and Alasgar Mammadli to release both men under house arrest due their health condition court rejected the request. According to Toplum TV, the presiding judge alleged neither men have proven with medical records that they suffer from health issues. On July 19, a group of civic activists addressed President Aliyev informing him of Mammadli’s health.

Alasgar Mammadli, co-founder of Toplum TV, also submitted a motion. He explained that after his arrest in March 2024, the State Tax Service demanded he declare his income and subsequently fined him. Mammadli stated he was denied access to necessary documents for notarial transactions. The court decided to forward his complaint to the State Tax Service. Ruslan Izzetli, a founding member of the Third Republic Platform, rejected the charges outright. Ali Zeynal, of the Institute for Democratic Initiatives (IDI), called the accusations against them and those in the Abzas Media and Meydan TV cases baseless. Toplum TV video editor Mushfiq Jabbar noted the investigation phase had concluded, yet no solid evidence had been presented. Ramil Babayev, also from IDI, stated he rejected the accusations and would name the real perpetrators in his final statement. Ilkin Amrahov said he did not understand the charges against him, while Farid Ismayilov pointed out that his only “offense” was being unable to complete his reporting while under police surveillance. The State Tax Service, acting as a civil plaintiff, demanded that the defendants pay 79,000 AZN in damages to the state budget. Lawyers Rasul Jafarov, Fakhraddin Mehdiyev, and Ramil Babayev dismissed the claim as unfounded. Babayev noted that demanding the same amount from individuals who worked at different times reveals the political nature of the case.

The next court session is scheduled for August 7.

August updates:

On August 4, the Baku Court of Grave Crimes held the next hearing in the “Toplum TV case,” presided over by Judge Azer Tagiyev.

According to Toplum TV, although the hearing was expected to continue with witness testimonies, this was not possible because it took time to justify the civil claim filed by the State Tax Service.

A representative of the service, participating as the plaintiff, answered questions from both the defense and the judge.

Lawyer Fakhreddin Mehdiyev asked on what grounds the “Toplum” members’ alleged tax debt of 79,000 manats was calculated.

The service’s representative said the calculation was based on the absence of employment contracts with workers and on rental agreements.

When the defense asked, “Between whom were these rental agreements signed?” the representative replied, “There is an expert opinion on this; the investigation determined it this way.”

Lawyer Rasul Jafarov noted that the investigation must specify how much damage to the state budget each accused person allegedly caused, but that the indictment contained no such details. The service’s representative stated he would not answer those questions.

Following this, the lawyer filed a motion to revoke the recognition of the State Tax Service as the plaintiff in the case, but the motion was denied.

Ali Zeynal, an employee of the Institute for Democratic Initiatives (IDI), remarked that the exact figures could be provided by the President’s aide, Hikmet Hajiyev.

He explained:

“When journalist Farid Ismayilov asked Hikmet Hajiyev during the COP-29 events about the arrest of the ‘Toplum’ members, Hajiyev replied that ‘those individuals were arrested for a specific criminal act, and if you wish, I can also tell you the amounts.’ Since the plaintiff does not know the exact amounts, call Hikmet Hajiyev—let him come and say them.”