Azerbaijan
08.09.02
Urgent Interventions
Azerbaijan: continuing detention of mentally disabled 53-year old Mr. Allahverdiyev
Case AZE 060602.3 / 060602.3.ESCRC
Urgent Appeal / Economic, Social and Cultural Rights Concern
Arbitrary arrests and detention / Ill-treatment / Medical assistance
Geneva, September 8th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Azerbaijan.
New Information
The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan (AIHMM), a member of the OMCT network, that 53-year old Mr. Alikram Fazil oglu Allahverdiyev who is detained in Bayil in connection with the Nardaran incident is mentally disabled, making his continued detention a grave concern for OMCT.
According to the information received, Mr. Allahverdiyev was arrested in hospital on June 10th 2002, after he had been wounded by a bullet during the Nardaran events on June 3rd 2002. Mr. Allahverdiyev was arrested and charged with violation of the Azerbaijani Criminal Code Articles 220.1, 233, 315.1, related to mass disorders and resistance against policemen.
Mr. Allahverdiyev has reportedly been considered as mentally ill since childhood, at which time he had been examined by doctors and was given a Grade 2 (on a scale from 1-3, with 1 representing a severe handicap) disability status for life, meaning that he does not have to be re-examined. Mr. Allahverdiyev has reportedly been registered at the Republic Psychiatric Hospital since 1984, and has since then been receiving medical treatment.
According to the report, on June 27th 2002, Mr. Allahverdiyev’s wife reportedly asked the authorities to confirm this information, seeing as it is impossible that her husband be responsible for taking part in organising the events in Nardaran, as has been claimed by the authorities, given his condition. Mr. Allahverdiyev, however, still remains in detention.
The International Secretariat of OMCT is gravely concerned about Mr. Allahverdiyev’s continuing detention, given his already fragile psychological integrity, the conditions prevailing in the prison in which he is being held and the lack of appropriate medical attention that his condition requires. Furthermore, OMCT urges the authorities in Azerbaijan to release all the other detainees in relation with this case - who are reportedly being held for political reasons - and drop all charges being held against them. OMCT also call for adequate reparation for the detainees and all persons that were injured as well as the family of the person who was killed during the events in Nardaran on June 3rd, 2002, and ensure that the perpetrators of the alleged human rights violations that took place at that time to be brought to justice.
Background information
According to the information received, on May 7th, 2002, a mass demonstration in which about one thousand residents participated, took place in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of the executive power in the village, Mr. Fazilet Mirzoyev. During the demonstration, a group of villagers reportedly went to Mirzoyev’s office to demand that he resign from his post. On May 15th, an investigation into these events began, since this action was considered as a criminal incident under the articles 221.2.2 (hooliganism), 233 (breaking of public order) and 315.1 (violence against the representatives of authorities). According to the report, on June 3rd, 2002, members of the police and of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arbitrarily arrested and shot various demonstrators who had participated in the May 7th demonstration, killing one and wounding several others, leading to further resentment on the part of the people of Nardaran. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency (for details and the list of names see AZE060602.1020602.1ESCR).
During first month, Nardaran was de-facto been under a State of Emergency and the entrances to the village were controlled by the police, who blocked the access of journalists and politicians. Now, there is no limitation to the freedom of movement and activities of the inhabitants of Nardaran, except the illegal prohibition of fishing, which is one of traditional sources of income of the villagers. However, the joint statement of Ministry of Interior and Prosecutor’s Office mentions that it is searching for 14 Nardaran residents but only mentions three names, making the majority of authoritative persons in the village afraid to leave and participate in events abroad.
On August 22nd, after consultations between middle-level officials and Nardaran elders, the authorities appointed a new local representative of the executive power. After that, on August 23rd, 69-year old Mr. Alizade Seyfulla (also named Adalat) Iskandar oglu and 55-year old Mr. Yakhshibeyov Hamid Ibrahim oglu, were released after three months in detention. OMCT welcomes their release but urges the authorities in Azerbaijan to release the remaining 14 persons still being held for what OMCT considers to be political reasons.
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. guarantee the physical and psychological integrity of the afore-mentioned detainees and provide medical attention as a matter of urgency to the above mentioned detainees;
ii. order that all persons arrested in connection to this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee respect for the economic, social and cultural rights throughout Azerbaijan.
v. guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.
Addresses
· H.E. Heydar Aliev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku 370066, Azerbaijan, Fax: +994 12 92 06 25, +994 12 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 92 06 82, +994 12 92 26 63 E-mail: prosec@azeri.com
Please also write to the embassies of Azerbaijan in your respective country.
Geneva, September 8th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal / Economic, Social and Cultural Rights Concern
Arbitrary arrests and detention / Ill-treatment / Medical assistance
Geneva, September 8th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Azerbaijan.
New Information
The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan (AIHMM), a member of the OMCT network, that 53-year old Mr. Alikram Fazil oglu Allahverdiyev who is detained in Bayil in connection with the Nardaran incident is mentally disabled, making his continued detention a grave concern for OMCT.
According to the information received, Mr. Allahverdiyev was arrested in hospital on June 10th 2002, after he had been wounded by a bullet during the Nardaran events on June 3rd 2002. Mr. Allahverdiyev was arrested and charged with violation of the Azerbaijani Criminal Code Articles 220.1, 233, 315.1, related to mass disorders and resistance against policemen.
Mr. Allahverdiyev has reportedly been considered as mentally ill since childhood, at which time he had been examined by doctors and was given a Grade 2 (on a scale from 1-3, with 1 representing a severe handicap) disability status for life, meaning that he does not have to be re-examined. Mr. Allahverdiyev has reportedly been registered at the Republic Psychiatric Hospital since 1984, and has since then been receiving medical treatment.
According to the report, on June 27th 2002, Mr. Allahverdiyev’s wife reportedly asked the authorities to confirm this information, seeing as it is impossible that her husband be responsible for taking part in organising the events in Nardaran, as has been claimed by the authorities, given his condition. Mr. Allahverdiyev, however, still remains in detention.
The International Secretariat of OMCT is gravely concerned about Mr. Allahverdiyev’s continuing detention, given his already fragile psychological integrity, the conditions prevailing in the prison in which he is being held and the lack of appropriate medical attention that his condition requires. Furthermore, OMCT urges the authorities in Azerbaijan to release all the other detainees in relation with this case - who are reportedly being held for political reasons - and drop all charges being held against them. OMCT also call for adequate reparation for the detainees and all persons that were injured as well as the family of the person who was killed during the events in Nardaran on June 3rd, 2002, and ensure that the perpetrators of the alleged human rights violations that took place at that time to be brought to justice.
Background information
According to the information received, on May 7th, 2002, a mass demonstration in which about one thousand residents participated, took place in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of the executive power in the village, Mr. Fazilet Mirzoyev. During the demonstration, a group of villagers reportedly went to Mirzoyev’s office to demand that he resign from his post. On May 15th, an investigation into these events began, since this action was considered as a criminal incident under the articles 221.2.2 (hooliganism), 233 (breaking of public order) and 315.1 (violence against the representatives of authorities). According to the report, on June 3rd, 2002, members of the police and of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arbitrarily arrested and shot various demonstrators who had participated in the May 7th demonstration, killing one and wounding several others, leading to further resentment on the part of the people of Nardaran. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency (for details and the list of names see AZE060602.1020602.1ESCR).
During first month, Nardaran was de-facto been under a State of Emergency and the entrances to the village were controlled by the police, who blocked the access of journalists and politicians. Now, there is no limitation to the freedom of movement and activities of the inhabitants of Nardaran, except the illegal prohibition of fishing, which is one of traditional sources of income of the villagers. However, the joint statement of Ministry of Interior and Prosecutor’s Office mentions that it is searching for 14 Nardaran residents but only mentions three names, making the majority of authoritative persons in the village afraid to leave and participate in events abroad.
On August 22nd, after consultations between middle-level officials and Nardaran elders, the authorities appointed a new local representative of the executive power. After that, on August 23rd, 69-year old Mr. Alizade Seyfulla (also named Adalat) Iskandar oglu and 55-year old Mr. Yakhshibeyov Hamid Ibrahim oglu, were released after three months in detention. OMCT welcomes their release but urges the authorities in Azerbaijan to release the remaining 14 persons still being held for what OMCT considers to be political reasons.
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. guarantee the physical and psychological integrity of the afore-mentioned detainees and provide medical attention as a matter of urgency to the above mentioned detainees;
ii. order that all persons arrested in connection to this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee respect for the economic, social and cultural rights throughout Azerbaijan.
v. guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.
Addresses
· H.E. Heydar Aliev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku 370066, Azerbaijan, Fax: +994 12 92 06 25, +994 12 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 92 06 82, +994 12 92 26 63 E-mail: prosec@azeri.com
Please also write to the embassies of Azerbaijan in your respective country.
Geneva, September 8th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.