Azerbaijan: Harassment and arbitrary detention of Yeni Fikir members

Case AZE 250805.3
Follow up to Cases AZE 250805, AZE 250805.1 and AZE 250805.2

Ill-treatment and harassment / Arbitrary arrest and detention

Geneva, 30 January 2006

The International Secretariat of OMCT has received new information about the following situation in Azerbaijan.

New Information

The International Secretariat of OMCT has been informed by the Human Rights Centre of Azerbaijan, a member of the OMCT network, that new charges have been pressed against Mr. Ruslan Bashirli, chairman of the Youth Movement "Yeni Fikir", who is currently in preliminary detention.

According to the information received, Mr. Bashirli has been recently accused of "illegal entrepreneurship" (Art.192 of the Penal Code). According to the article, the running of a business (entrepreneurship) without registration of license is punished by fine, limitation of liberty up to 3 years, or imprisonment up to 5 years. However this should not apply to a non-profit organisation.

Mr. Bashirli and another leading member of Yeni Fikir, Mr. Ramin Tagiyev, are currently provisionally detained in Bayil Prison (Investigation Isolator #1 of the Ministry of Justice), Baku city, as a preliminary investigation on charges of conspiracy aiming at overthrowing the regime is being conducted by the Prosecutor’s Office. Mr. Bashirli’s lawyer reported that he is being kept in a very cold cell in isolation.

OMCT is gravely concerned by the general climate of harassment against members of the youth organisation Yeni Fikir and for the physical and psychological integrity of those detained and being interrogated.

Brief reminder of the situation

The International Secretariat of OMCT had been informed by the Human Rights Centre of Azerbaijan, that several members of the youth organization, Yeni Fikir, had been detained and subjected to ill-treatment.

According to the information, Mr. Ruslan Bashirli, head of the youth organisation Yeni Fikir (“New Idea”), was arrested on August 3, 2005, on charges of plotting to overthrow the Azerbaijani leadership at the instigation of Armenian intelligence agents, with whom he allegedly met in Tbilisi on July 28 and 29, 2005. A criminal case under clause 278th of the Criminal Code of the Republic of Azerbaijan (actions directed to seizing or keeping the power by force) was brought against him by the Prosecutor’s Office of the Republic of Azerbaijan. If found guilty, he could face life imprisonment.

Furthermore, Mr. Ruslan Bashirli’s family has been subjected to harassment. Mr. Ruslan Bashirli’s father, Mr. Djalil Bashirli, was forced to leave his position as a schoolteacher. Moreover, his house, located in Zardob, was attacked by a mob who threw stones at his house. Mr. Ruslan Bashirli’s uncle, Mr. Fuzuli Qasimov, senior tax inspector in the region of Goychay, was dismissed on August 8, 2005.

The International Secretariat of OMCT was also informed that Mr. Sarvan Sarhanov, a member of the youth organisation Yeni Fikir (“New Idea”), was called in for questioning on August 11, 2005. According to the information received, Mr. Sarvan Sarhanov was interrogated by three investigators – Mr. Ali Quliyev, Mr. Azer Amirov and Mr. Rahimov –, at the Department for Serious Criminal Cases of the Prosecutor office. He was beaten on the face and the back by investigating officers after refusing to give false testimony charging Mr. Ali Kerimli, chairman of the opposition party PNFA, and Mr. Qanimat Zahidov, of Azadliq newspaper. A fourth investigator reportedly threatened him to squash his fingers by means of pliers and to tear out one of his ears. Mr. Sarvan Sarhanov was eventually released without any charge on August 11, 2005. The Prosecutor Office confirmed Mr. Sarvan Sarhanov had been interviewed by investigators at the Prosecutor Office. However, it denied that Mr. Sarvan Sarhanov was subjected to any threats or ill-treatment.

Moreover, Mr. Vuqar Mehdiyev, a member of Yeni Fikir, was arrested on 1st September 2005, and beaten by officers of the 9th police station of Sabayil District Police Department. He was subsequently released.

On 12 September 2005, police arrested Mr. Said Nuri, deputy of Mr. Ruslan Bashirli. He was temporarily detained in isolation at Narimanov District Police Administration, where he was reportedly accused of “preparation of a coup d’etat and getting financial support from interested forces”. The “evidence” was his participation in a seminar in Poland organized by the Institute of European Democracy. On the day after his arrest, Mr. Nuri was hospitalized because of bad health (talassemia, and problems with his internal organs) and put in the City Clinical Hospital No. 1 in Baku. The prosecutor, Ali Quliyev refused to comment on the situation and staff working at the hospital refused to give any information on him and as to whether he was there or not. On 14th September, it was reported that Mr. Nuri had received necessary treatment and was released. However, the next day he was rearrested on his way to work, although the Prosecutor’s Office stated that he was “invited” by the investigator. On 14th November 2005, Mr. Said Nuri was released from hospital where he had been since September 15th 2005, and placed under house arrest. The charges against him have not been dropped.

On 16 September 2005, the Nasimi district court of Baku city approved the preliminary arrest of the vice-chairman of Yeni Fikir, Mr. Ramin Tagiyev. He was detained on suspicion of preparing the forced seizure of power under the same case as Mr. Ruslan Bashirli’s.

Action requested:

Please continue to write to the authorities in Azerbaijan urging them to:
i. Take all necessary measures to guarantee the physical and psychological integrity of the above mentioned persons;
ii. Order the immediate release of Mr. Ruslan Bashirli and Mr. Ramin Tagiyev in the absence of valid legal charges, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed 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 and/or administrative sanctions as provided by law;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

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
  
  
• Lt.-Gen. Ramil Usubov, Minister of Internal Affairs of the Azerbaijani Republic, Fax: + 994 12 492 45 90
  
  
• Mr. Fikret Mamedov, 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
  
  
• H.E. Ambassador, Mr. Elchin Amirbayov, Rue de Lausanne 67, CH-1202, Genève, Suisse,
  e-mail: az.mission.unog@iprolink.ch fax: +4122 901 18 44

Please also write to the embassy of Azerbaijan in your respective country.

Geneva, 30 January 2006.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.