New information
AZE 001 / 0115 / OBS 001
Judicial harassment / Arbitrary detention
Azerbaijan
January 21, 2015
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Azerbaijan.
New information:
According to the information received, on January 15, 2014, a preparatory hearing was held at the Baku Grave Crimes Court, where Mr. Rasul Jafarov was put in a double iron cage. Contesting the charges against his client, lawyer Fariz Namazli stated that in the framework of his human rights activities, Mr. Rasul Jafarov had always signed grant agreements with donors as a natural person, that his accounts were used only in the framework of an individual entrepreneurship, and that he never used any attributes of a legal entity. To that end, Mr. Namazli requested the exclusion from the case file of an audit on Mr. Jafarov’s accounts signed by representatives of the Ministry of Finance, the Ministry of Taxes and the Council on State Support to NGOs, since these bodies do not have authority to investigate the activities of an individual.
In addition, at the same hearing, individuals whom the investigative body recognised as “victims” of alleged embezzlement in the present case stated they had actually no complaints against Mr. Rasul Jafarov, and asked the court to release him.
Accordingly, Mr. Namazli filed petitions to terminate the criminal case against his client, to commute Mr. Jafarov’s measure of imprisonment into house arrest, to audiotape or videotape all the hearings, to let the defendant seat beside his lawyers during court sessions, and to include additional documents in the case file as evidence proving the groundlessness of the charges. As the Prosecutor asked the judge reject all these petitions, the court only accepted the petition to include additional elements of the defence in the case file, and rejected all others claims of the defendant.
The next hearing is scheduled for January 27, 2014 at 10.30 am before the Baku Grave Crimes Court.
The Observatory calls upon the Azeri authorities to release Mr. Jafarov immediately since his detention is arbitrary as it only aims at sanctioning his human rights activities, and to put an end to any kind of harassment - including at the judicial level – against him and all human rights defenders in Azerbaijan.
Action requested:
Please write to the authorities in Azerbaijan, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Rasul Jafarov and all human rights defenders in Azerbaijan;
ii. Immediately release Mr. Rasul Jafarov, as well as all the other arbitrarily detained human rights defenders, since their detentions are arbitrary and only aim at sanctioning their human rights activities;
iii. Put an end to any kind of harassment - including at the judicial level - against Mr. Rasul Jafarov, and more generally against all human rights defenders in Azerbaijan;
iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:
– Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”;
– Article 5, which underscores the right of every individual to form, join, and participate in non-governmental organizations; and
– Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Azerbaijan.
Addresses:
· Mr. Ilham Aliyev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku AZ1066, Azerbaijan, Fax: (+994) 12 492 06 25, (+994) 412 92 28 68, E-mail: office@pa.gov.az, office@apparat.gov.az
· Mr. Zakir Garalov, Prosecutor General of the Republic of Azerbaijan, Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku, Azerbaijan, Fax: (+994) 12 492 06 82, (+994) 12 492 26 63, E-mail: z.qaralov@prosecutor.gov.az, info@prosecutor.gov.az
· Mr. Eldar Mahmudov, Minister of National Security, Ministry of National Security of the Republic of Azerbaijan, Parliament Avenue 14, Baku AZ1006, Azerbaijan, Fax: (+994) 12 493-76-22, E-mail: cpr@mns.gov.az
· Mr. Ramil Usubov, Minister of Internal Affairs, Ministry of Internal Affairs of the Azerbaijani Republic, Fax: (+994) 12 492 45 90
· Mr. Elmar Mammadyarov, Minister of Foreign Affairs, Ministry of Foreign Affairs of the Republic of Azerbaijan, E-mail: katiblik@mfa.gov.az
· Mr. Fikrat F. Mammadov, Minister of Justice in Azerbaijan, Inshaatchilar Prospekti, 1 Baku, Azerbaijan, e-mail: contact@justice.gov.az; Fax (+994) 12 430 09 81
· H.E. Mr. Murad N. Najafbayli, Ambassador, Permanent Mission of Azerbaijan to the United Nations in Geneva, Route des Fayards 237, CH-1290 Versoix, Switzerland, Fax: (+41) 22 901 18 44, E-mail: geneva@mission.mfa.gov.az
· Embassy of Azerbaijan in Brussels, Avenue Moliere 464, 1050 Brussels, Belgium, Fax: (+32) 2 345 91 85, E-mail: office@azembassy.be
Please also write to the diplomatic missions or embassies of Azerbaijan in your respective country as well as to the EU diplomatic missions or embassies in Azerbaijan.
***
Paris-Geneva, January 21, 2015
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, an OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the emergency line:
• E-mail: Appeals@fidh-omct.org
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80