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 December 9, 2013, Mr. Amiraslanov was released from prison after having served two-thirds of his two-year sentence passed on September 12, 2012 by the Sabirabad District Court (See background information).
The Observatory welcomes the early release of Mr. Amiraslanov and calls on the Azerbaijani authorities to put a stop to all forms of harassment, including at the judicial level, against all human rights defenders in the country. In particular, the Observatory recalls that Mr. Hilal Mammadov, a minority rights defender and Editor-in-chief of the Tolishi-Sado (Voice of Talysh) newspaper, has remained detained since June 21, 2012 and was sentenced to five years in prison on September 27, 2013[2]. The Observatory also recalls that Mr. Anar Mammadli, Chairman of the Azerbaijani Election Monitoring and Democracy Studies Centre (EMDS), remains in remand prison, pending investigation[3].
Background information[4]:
On June 8, 2012, Mr. Amiraslanov was arrested by security agents from the Department for Combating Organised Crime (DCOC) of the Ministry of Internal Affairs. He was subsequently charged with "illegal possession of firearms and ammunition" under Article 228.1 of the Azerbaijan Criminal Code. On September 12, 2012 he was sentenced to two years in prison by the Sabirabad District Court and on January 25, 2013, the Court of Appeal in Baku upheld the sentence.
Mr. Amiraslanov’s trial and his detention were marred by gross procedural irregularities and a blatant failure to adhere to established principles guiding the conduct of fair trials. During his trial, defence witnesses were barred from testifying while journalists were barred from attending.
While in detention, Mr. Amiraslanov was repeatedly subjected to cruel, degrading and inhuman treatment in the form of severe beatings and verbal abuse. The Observatory recalls that Article 11 of the Convention against Torture stipulates that “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.
The Observatory recalls that Mr. Amiraslanov has been active in securing the guarantee of the rights of victims of the May 2010 flooding of the Kur River and protests against corruption, inefficiency and other irregularities in the delivery of assistance to them.
Action requested:
Please write to the authorities in Azerbaijan, urging them to:
i. Guarantee in all circumstances the continued physical and psychological integrity of Mr. Amiraslanov;
ii. Provide adequate and thorough medical and social rehabilitation to Mr. Amiraslanov;
iii. Put an end to any kind of harassment - including at the judicial level - against Mr. Amiraslanov and more generally against all human rights defenders in Azerbaijan;
iv. Release immediately and unconditionally all human rights defenders who are currently detained in Azerbaijan, including Messrs. Hilal Mammadov and Anar Mammadli, as their detention is arbitrary since it only aims at sanctioning their human rights activities;
v. 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 its 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”, as well as its 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”;
vi. 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
· Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku, Azerbaijan, Fax: +994 12 492 06 82, +994 12 492 26 63. E-mail: eldar_sultanov@prosecutor.gov.az
· Mr. Ramil Usubov, Minister of Home Affairs of the Azerbaijani Republic. Fax: + 994 12 492 45 90
· Mr. Fikrat F. Mammadov, Minister of Justice in Azerbaijan, Inshaatchilar Prospekti, 1 Baku, Azerbaijan, e-mail: minjus@azdata.net, contact@justice.gov.az. Fax + 99412 430 09 81
· Permanent Mission of Azerbaijan to the United Nations in Geneva, Route des Fayards 237, CH-1290 Versoix, Switzerland, E-mail: geneva@mission.mfa.gov.az. Fax: +4122 901 18 44
· Azerbaijani Embassy in Brussels, Avenue Moliere, 464, 1050 Brussels, Belgium. Fax: +32 2 345 91 85
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.
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Paris-Geneva, January 13, 2014
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT 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 FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] The “Kur” Civil Society Headquarter was established in May 2010 in order to provide civil assistance to populations affected by the 2010 floods in the area, and overcome their consequences.
[2] See Observatory Urgent Appeal AZE 002 / 0812 / OBS 069.3, issued on October 3, 2013. Following the judgement of the Baku Appeal Court, Mr. Mammadov was transferred to the Penitentiary Institution no. 12, located in the Qaradag region of Baku City.
[3] See Observatory Urgent Appeal AZE 002 / 1213 / OBS 098, issued on December 20, 2013.
[4] See FIDH-OMCT Joint Press Release, issued on June 25, 2012.