Azerbaijan: Ongoing judicial harassment against Mr. Intigam Aliyev

21/01/2015
Urgent Appeal

The Observatory has been informed by reliable sources about the ongoing judicial harassment against Mr. Intigam Aliyev, a lawyer who has represented over 100 victims before the European Court of Human Rights.

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 16, 2014, a preliminary hearing which was due to take place at the Baku Grave Crimes Court was postponed to January 23.

Mr. Aliyev faces charges of tax evasion (article 213.1 of the Criminal Code), abuse of power (308.2), illegal business (192.2), embezzlement (179.3.2), and service forgery (313).

The Observatory calls upon the Azeri authorities to release Mr. Intigam Aliyev 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.

Background information:

On August 8, 2014, Mr. Intigam Aliyev was summoned to the Serious Crimes Investigation Department of the General Prosecutor’s office for questioning. On the same day, the Nasimi District Court ruled that he should be placed in pre-trial detention for three months. In November 2014, his detention was extended for an additional three months.

Action requested:

Please write to the authorities in Azerbaijan, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Intigam Aliyev and all human rights defenders in Azerbaijan;

ii. Immediately release Mr. Intigam Aliyev, 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. Intigam Aliyev, 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

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