As we reported, today the Baku Court of Appeal replaced the detention measure chosen against the TikToker known as "Arzum 9999," Ilduzə Hacıyeva, with house arrest, and also imposed a ban on the use of social networks on her, except for communicating with family members abroad via WhatsApp.
For the first time in Azerbaijan, information is being disseminated that a person placed under house arrest is prohibited from using social networks. In other words, the decision by the Baku Court of Appeal regarding Ilduzə Hacıyeva is the first public court decision in the Azerbaijani judicial practice that separately restricts the use of social media.
Lawyer Əkrəm Həsənov, who gave a statement to Medianews.az regarding the matter, also said that he is hearing for the first time in Azerbaijan about a restriction related to social networks being imposed on a person released to house arrest: "Usually, restrictions are placed on going somewhere at certain hours. As far as I understand, the restriction on social networks for a person released to house arrest is being applied for the first time in our country. Perhaps it has happened in some court case, but I have not heard about it.
However, abroad, this is a widespread practice. Therefore, there is nothing unusual about such a restriction, and our legislation also allows it. During house arrest, the court can impose various restrictions, including communication restrictions.
Considering that Ilduzə Hacıyeva is active on social networks, it is possible to guess the reason for the restriction. As far as I know, she is quite active on social media and can influence public opinion. This can ultimately be seen as pressure on the court’s final decision. In other words, she may attempt to form public opinion by using her time at home, which can be considered pressure on the court. I am not commenting on whether this decision is right or wrong; I am simply thinking about why the court acted this way and sharing my hypothesis.
Overall, I believe house arrest is a proper decision. Because that woman is not such a publicly dangerous person that she must necessarily be kept in detention.
We do not know what the final decision of the Baku Court of Appeal will be. However, when it comes to the social network restriction, it is indeed possible to find a rationale here. Although this is the first practice we have heard of, it exists abroad.”
Ilduzə Hacıyeva, accused of causing a fatal car accident, was sentenced on July 2 by the Khazar District Court to 5 years and 2 months of imprisonment. This sentence is not yet in force, and the case has been appealed to the appellate instance.
On July 2, along with the sentence on deprivation of liberty, the Khazar District Court also chose detention as a preventive measure against Ilduzə Hacıyeva, and on that same day, she was detained not based on the sentence of 5 years and 2 months imprisonment, which is not yet in force, but based on the detention measure.
Nailə Qasımova,
Medianews.az