The decision by Germany’s Koblenz Court regarding Azerbaijani citizens detained on charges of profiteering from immigrants has been announced, Trend reports Nov. 20.
The ruling following the decisions to conduct searches in houses and other facilities, as well as to check vehicles and other items of the accused to identify material evidence, read: “During searches and inspections, material evidence confirming the illegal entry of third parties into the country was found on electronic and paper carriers, electronic and written information about the property, finances and income of the accused, mobile phones, computers, electronic devices with information about the persons transported illegally into the country.”
“In particular, during the inspection of Ismayilov, evidence was found about his local and foreign bank accounts, cash in the amount of than 1,000 euros, passports owned by third parties, an official seal, sample applications for applying in connection with refugee status and other similar documents,” reads the document. “The specified material evidence, which may be considered important during the investigation, must be confiscated and their safety must be ensured. Material evidence not submitted voluntarily will be confiscated.”
The official information explained the reasons for the searches: “The searches were carried out at the request of the Koblenz Prosecutor’s Office dated Oct. 8, 2019, because there were reasons to assume the probability of detection and confiscation of material evidence (Articles No. 94, 102, 105, 162 of the German Code of Criminal Procedure).
During the investigation, which continues to the present time, there are reasons to suspect Mammadov, on the basis of the evidence obtained, of committing acts such as illegal transporting people to the country, in order to get illegal income, including money laundering.
It is also noted that the accused Mammadov, is suspected of assisting Azerbaijani citizens, together with the accused Khalilbayli, in illegally moving to Germany at least since 2015, without passports and other documents necessary for obtaining the right to reside, and thereby of extracting illegal income.
Since 2014, Mammadov himself and his family members, as well as other accused - Bayramaliyev, Akbarov and their family members - have been illegally transported to Germany. Among them, in particular, are Ramil Rustamov, Rashad and Aziz, each of whom, together with family members, moved from Azerbaijan to Germany without passports and residence permit. Along with this, up to 60 Azerbaijanis were illegally transported to Germany, and their identity hasn’t been established yet.
For the payment of several thousand euros, illegal migrants in Germany were provided with fake documents stating that they were allegedly subjected to political persecution, and these documents were later used to obtain refugee status. The accused Khalilbayli was recognized as the main organizer of this illegal activity, the recipient of money and the one who had direct contacts with illegally arrived persons.
Khalilbayli taught illegal immigrants how to behave during interviews and during other procedures in the process of obtaining refugee status, in communicating with the relevant German government bodies. In addition, Khalilbayli kept the real documents of illegal migrants, and also attracted third parties, other accused, Hasan and Javadov, who provided illegal migrants with forged documents stating that they were allegedly subjected to political persecution in Azerbaijan.
The accused Mammadov worked as the driver of the accused Khalilbayli until the fall of 2018, and from 2015, he transferred various amounts of money to the accused Khalilbayli, in total – 300,000 euros from the accused Javadov, as well as packages with seven sets of fake documents from the accused Hasan. Mammadov also met illegal immigrants at the airport and passed on the instructions of the accused Khalilbayli, the organizer of illegal activities. Moreover, Mammadov is suspected of concealing the proceeds of profiteering from illegal immigrants in cash and through the accounts of Sparkasse and Volksbank RheinAhrEifel eG, Filiale Neuwied.
The court decision emphasizes that the suspicions are based on the facts provided by the accused Mammadov, as well as those identified during the investigation, which continues. Mammadov presented detailed and very convincing facts, taking on great responsibility.
Also, from his telephone conversations (TU 18458, 538), which were tapped by the security services, it turned out that he introduced himself as Khalilbayli’s driver and was aware that Khalilbayli was meeting illegal migrants at the airport.
In addition, Mammadov explained that Khalilbayli also keeps other documents related to illegal profiteering from immigrants (telephone conversation 18924). During the check of a bank account owned by Mammadov, it was found that from November 2018 to June 2019, several tens of thousands of euros were credited in his accounts at Sparkasse and at Volksbank RheinAhrEifel eG, Filiale Neuwied, which were then withdrawn in a short time. A search sanction was obtained prior to the testimony of the accused in order to ensure the security of the investigation.
This measure complies with the principle of proportional justice (Verhältnismäßigkeitprinzip), since the measures necessary to achieve the goals related to interference with the constitutional rights of a person are proportional to and do not the gravity of the suspected crime.
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