Arbitrary detention, ill-treatment and serious health deterioration of Mr. Novruzali Mammadov - AZE 001 / 0808 / OBS 139.4

09/07/2009
Urgent Appeal

The Observatory has been informed by the Institute of Peace and Democracy about the rejection of the cassation complaint and the ongoing arbitrary detention and serious health deterioration of Mr. Novruzali Mammadov, 68 years old, a fervent defender of the cultural rights of the Talysh people, an ethnic minority living in the south of Azerbaijan, Head of the Talysh Cultural Center, Editor-in-chief of the Tolishi Sado (Voice of the Talysh) newspaper, and Department Head of the Linguistics Institute of the Science Academy.

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.

According to the information received, on June 22, 2009, Mr. Novruzali Mammadov’s wife, Ms. Maryam Mammadova and his son Mr. Emil Mammadov visited him in high security colony No 15. They reported that his health had seriously deteriorated and that the latter had to undergo three major chirurgical interventions: cataract removal, intervention on thyroid gland and on prostate. They further reported that he would suffer from high blood pressure and that he has to take daily medicine.

The Observatory was also informed that on May 27, 2009, the cassation complaint of Mr. Novruzali Mammadov against the December 26, 2008 decision of the Baku Appeal Chamber was rejected by the Supreme Court under the Chairmanship of Judge Taptig Mahmudov. As of issuing this urgent appeal, Mr. Mammadov remains detained in high security colony No 15.

Following May-27 hearing, Mr. Mammadov’s lawyer expressed his dissatisfaction with the verdict, alleging the unfairness of the trial, the groundlessness of its closed nature, as well as the invalidity of the evidence against his client, based on the statement of one person and reportedly obtained under torture and ill-treatment (see background information). Mr. Mammadov’s lawyer appealed this ruling to the European Court on Human Rights (ECtHR).

Further, on June 10, 2009, the Supreme Court, chaired by Judge Gahraman Allahverdiyev, rejected another complaint filed by Mr. Mammadov’s lawyer on the destruction by the National Security Ministry of Mr. Mammadov’s unpublished scientific works on Talysh language and linguistics that were on his computer hard drive (about 4,000 pages), following the seizure without mandate of his computer on February 16, 2007. His lawyer also intends to appeal such ruling before the ECtHR.

The Observatory reiterates its deep concern about Mr. Mammadov’s arbitrary detention, which seems to merely sanction his human rights activities and as such is a flagrant violation of the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, and also condemns the destruction of his works. The Observatory is all the more concerned that Mr. Mammadov’s health condition has become critical and that immediate and adequate medical care in specialised medical facilities is required.

The Observatory recalls that in the run-up to the elections at the United Nations Human Rights Council in 2006, Azerbaijan had declared that “protection and promotion of human rights [were] a priority of its internal and foreign policy agenda” and “that the rule of law, democracy and protection and promotion of human rights and main freedoms [were] key pillars for the national development”1.

The Observatory further calls upon the Commissioner for Human Rights of the Council of Europe (CoE) to act in accordance with OP 4 of the CoE Declaration on Human Rights Defenders2, and to urge the Republic of Azerbaijan to comply with its duties under the terms of the above-mentioned Declaration and to abide by the provisions of the European Convention on Human Rights.

The Observatory also urges the European Commission Delegation as well as European Union (EU) Member-States embassies in Azerbaijan to urge the authorities of Azerbaijan to comply with the relevant international norms and standards, to report on all breaches of human rights standards, and to call for the release and the respect of fundamental rights of Mr. Mammadov, in line with the EU Guidelines on Human Rights Defenders.

Background information:

On February 2, 2007, Mr. Novruzali Mammadov was called to the Ministry of Internal Affairs, where he was kept for several days without explanations, underwent beating and interrogated due to his participation at a scientific conference in Iran in 2004. After a short released, he was subsequently detained at the Investigation Isolation Centre of the Ministry of Internal Affairs, where he allegedly underwent physical and psychological pressure for 15 days to force him to confess the acts of “espionage” in favour of Iran.

On February 17, 2007, he was accused of high treason for espionage under Article 274 of the Criminal Code. He has been arbitrarily detained since then. On June 24, 2008, the Grave Crime Court sentenced him to ten years in prison. The Court argued that Mr. Mammadov had collected “information necessary for the establishment of an administrative autonomy in the territories of Azerbaijan compactly populated by Talysh people”, and had spread a negative image of Azerbaijan abroad through appeals submitted to international organisations relating to “violations of the human rights of the Talysh people”.

During the trial, Mr. Mammadov pleaded not guilty, and informed the members of the Court of the physical and psychological torture he had been subjected to while in detention (including beating, food and water deprivation, night interrogation and threats to his family). However, these allegations of torture were all rejected by the Court. The verdict was reportedly announced in an empty room in absence of Mr. Mammadov’s attorney, after a closed trial. It is believed he was falsely accused and sentenced because of his activity protecting the right of the Talysh ethnic minority.

The sentencing was indeed issued without proofs, and is based exclusively on the self-confessions of a journalist of Tolishi Sedo, Mr. Elman Quliyev, who was also arrested and sentenced for six years in prison. The Observatory fears that these confessions were obtained through torture and ill-treatment.

On December 26, 2008, the Baku Appeal Court confirmed the sentence of Mr. Novruzali Mammadov to ten years in prison1 for high treason and inciting national, racial, and religious hatred.

On January 14, 2009, Mr. Novruzali Mammedov was transferred from the Pre-Trial Detention Centre No 1 of Bailov to the Colony with Strict Regime No 15, subsequent to the confirmation in appeal of his sentence to ten years in prison for “high treason” and “inciting national, racial, and religious hatred”. He was then immediately placed in a punishment cell for 15 days for “breach of order”, being deprived of bed and warm clothes.

Actions requested:

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

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Novruzali Mammadov;

ii. Ensure that Mr. Novruzali Mammadov be immediately granted all necessary medical treatment in specialist medical facilities outside the prison where he is held;

iii. Release Mr. Novruzali Mammadov immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;

iv. Order a thorough and impartial investigation into the above-mentioned acts of torture and ill-treatment against Mr. Novruzali Mammadov and his relatives in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;

v. Guarantee that adequate reparation is provided to Mr. Novruzali Mammadov;

vi. Put an end to the harassment against all human rights defenders in Azerbaijan;

vii. 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”, 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”;

viii. 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@apparat.gov.az, president@gov.az, root@lider.baku.az

· Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku, Azerbaijan, Fax: +994 12 492 06 82, +994 12 492 26 63, E-mail: prosec@azeri.com

· Minister of Internal Affairs of the Azerbaijani Republic, Lt.-Gen. Ramil Usubov, Fax: + 994 12 492 45 90

· Permanent Mission of Azerbaijan, Rue de Lausanne 67, CH-1202, Genève, Suisse, e-mail : az.mission.unog@iprolink.ch, fax: +4122 901 18 44

· Minister of Justice in Azerbaijan, Prospekt Stroitelej, 1 Baku Azerbaijan, e-mail: contact@justice.gov.az, Tel (99412) 430 01 16, Fax (99412) 430 09 81

· Azerbaijani Embassy in Brussels, Avenue Moliere, 464, 1050 Brussels, Belgium, Tel: +32 2 345 26 60, Fax: +32 2 345 91 85

Please also write to the diplomatic mission or embassy of Azerbaijan in your respective country as well as to the EU diplomatic missions or embassies in Azerbaijan.

***

Geneva-Paris, June 24, 2009

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. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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