Azerbaijan
25.10.02
Urgent Interventions
Azerbaijan: Harassement of an independent medical expert investigating on a clash between police and unarmed civilians
OPEN LETTER TO THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
H.E. HEYDAR ALIEV
By Fax: +994 12 92 06 25
Paris-Geneva, 25th October 2002
Excellency,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme the Observatory for the Protection of Human Rights Defenders, would like to express their concern regarding the situation of Dr. Ilqar Altay an independent medical expert, member of the Independent Public Inquiry Commission established by the Federation of Human Rights Organizations of Azerbaijan, who has been working on the events of 3rd June 2002 in the Nardaran settlement where following a clash between police and unarmed civilians one civilian died and dozens of others were wounded.
According to the information received, recently, the report on the events has been completed and is now in the editing and translation phase. The members of the Commission have started to publicize the basic finding of their mission. On October 12, some of them participated, together with law enforcement agents in a round-table discussion at the ANS-TV. During the show, Dr.Altay was critical of the official version of events that occurred in Nardaran. On October 17, Dr.Altay also participated in a press conference in Nardaran and criticised the work of the law-enforcement agencies in this case giving detailed information about some of the findings of the mission.
It would seem that in connection with his involvement as independent forensic expert, and with his publications in the media and his statements on TV, Dr. Altay is facing harassment.
In particular, on October 22, 2002 he was called at the Prosecutor's Office by the director of the Investigation Department on Grave Crimes, M. Tahir Kazymov, who had also participated in the television discussion on ANS-TV. The persons in charge of the investigation in the Nardaran case, Seyfeddin Kerimov and inspector Mubariz Asadov were also present during the meeting that lasted 1h30.
According to the information received, Dr. Altay has been notified that his actions in the Commission are punishable for hindering the official investigation according to Article 310 of Criminal Codes (from the fine till 3 years of deprivation of liberty).
Excellency,
In this context, the Observatory for the protection of human rights defenders urges the authorities to conform with the provisions of the Declaration on Human Rights Defenders adopted by the United Nations General Assembly on 9 December 1998, notably its article 1 which states that “everyone has the right, individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, article 9.3. c) according to which Everyone has the right “To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.” Accordingly, the Observatory would like to recall the obligation of the State “to conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction”.
The Observatory is also concerned for the safety and personal security of Dr. Altay and urges you to take all appropriate measures to guarantee his security at any time.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki KABA
President of the FIDH
Eric SOTTAS
Director of the OMCT
H.E. HEYDAR ALIEV
By Fax: +994 12 92 06 25
Paris-Geneva, 25th October 2002
Excellency,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme the Observatory for the Protection of Human Rights Defenders, would like to express their concern regarding the situation of Dr. Ilqar Altay an independent medical expert, member of the Independent Public Inquiry Commission established by the Federation of Human Rights Organizations of Azerbaijan, who has been working on the events of 3rd June 2002 in the Nardaran settlement where following a clash between police and unarmed civilians one civilian died and dozens of others were wounded.
According to the information received, recently, the report on the events has been completed and is now in the editing and translation phase. The members of the Commission have started to publicize the basic finding of their mission. On October 12, some of them participated, together with law enforcement agents in a round-table discussion at the ANS-TV. During the show, Dr.Altay was critical of the official version of events that occurred in Nardaran. On October 17, Dr.Altay also participated in a press conference in Nardaran and criticised the work of the law-enforcement agencies in this case giving detailed information about some of the findings of the mission.
It would seem that in connection with his involvement as independent forensic expert, and with his publications in the media and his statements on TV, Dr. Altay is facing harassment.
In particular, on October 22, 2002 he was called at the Prosecutor's Office by the director of the Investigation Department on Grave Crimes, M. Tahir Kazymov, who had also participated in the television discussion on ANS-TV. The persons in charge of the investigation in the Nardaran case, Seyfeddin Kerimov and inspector Mubariz Asadov were also present during the meeting that lasted 1h30.
According to the information received, Dr. Altay has been notified that his actions in the Commission are punishable for hindering the official investigation according to Article 310 of Criminal Codes (from the fine till 3 years of deprivation of liberty).
Excellency,
In this context, the Observatory for the protection of human rights defenders urges the authorities to conform with the provisions of the Declaration on Human Rights Defenders adopted by the United Nations General Assembly on 9 December 1998, notably its article 1 which states that “everyone has the right, individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, article 9.3. c) according to which Everyone has the right “To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.” Accordingly, the Observatory would like to recall the obligation of the State “to conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction”.
The Observatory is also concerned for the safety and personal security of Dr. Altay and urges you to take all appropriate measures to guarantee his security at any time.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki KABA
President of the FIDH
Eric SOTTAS
Director of the OMCT