Azerbaijan
27.08.02
Urgent Interventions
Azerbaijan: lack of investigation and continuing detentions in Nardaran
Case AZE 060602.1 / 060602. 1 ESCRC
Urgent Appeal / Economic, Social and Cultural Rights Concern
Incommunicado detention / Ill-treatment / Risk of torture / Fair trial / Impunity
Geneva, August 27th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Azerbaijan.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan (AIHMM), a member of the OMCT network, of the continuing detention of 16 persons following the events in Nardaran on June 3rd, 2002, in which the Azerbaijani police arbitrarily arrested and shot various persons who had engaged in a demonstration on May 7th, 2002, killing one and wounding several others. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency.
The situation has not progressed since the time of these events, with little to indicate that justice will be served for the victims of these human rights violations and that the perpetrators of these acts will be brought to justice, which is reportedly leading to tensions in the region and the country as a whole. No official investigation has been launched and the authorities continue to deny their responsibility for the death and injuries that resulted form the alleged shooting of demonstrators.
The following persons are still being held in detention:
In Shuvelian Prison :
1) 68-year old Alizade Seyfulla Iskander, arrested on 03.06.2002; 2) 47-year old Babayev Fizuli Huseynaga, arrested on 03.06.2002; 3) Djabbarov Elkhan Khanlar, arrested on 03.06.2002; 4) 42-year old Rahibzade Sameddin Sayfqulu, arrested on 03.06.2002; 5) 46-year old Rustamov Inayat Maherram, arrested on 03.06.2002; 6) Vekilov Seyfeddin, arrested on 07.06.2002; 7) 39-year old Veliyev Hikmet Mirzababa, arrested on 03.06.2002; 8) 55-year old Yakhshibeyov Hamid Ibrahim, arrested on 03.06.2002; 9) 46-year old Zakiyev E'tibar Zaki, arrested on 03.06.2002.
In Bayil prison:
10) Ahmedov Hadjibaba Mahammad, arrested on 03.06.2002; 11) Aliyev Alikram Ismayigl, arrested on 10.06.2002; 12) Askerov Agahuseyn Asker, arrested on 03.06.2002; 13) Atakishiyev Hafiz Huseynoglu, arrested on 06.06.2002; 14) Qasimov Mehman Ali, arrested on 03.06.2002.
In unknown place of detention, probably in the Baku City Police Office, although this remains to be confirmed: 15) Allahverdiyev Alikram Fazil, arrested on 03.06.2002; and 16) Movlumov Mirzaga Jafar, arrested on 27.07.2002.
According to the information received, Seyfulla Alizade in Shuvelian prison, who has been diagnosed with “unstable stenocardia”, had a serious heart attack on August 1st 2002. Hamid Yakhshibeyov was also diagnosed with “unstable stenocardia” and was admitted to hospital. The detainees, if they are lucky, are kept in wing no.4 in the prison, which provides around 3-4sqm per person. The cells reportedly have very poor ventilation systems and due to the weather in the summer season, two people died in detention last year.
According to the information received, Alikram Aliyev, who is being detained in Bayil prison, suffers from diabetes and has problems with his eyes. Alikram Allahverdiyev and Mirzaga Movlumov, who are being held at the Baku police station, were reportedly wounded during the shooting incidents on June 3rd 2002. It is feared that they are being subjected to ill-treatment or even torture, as Mirzaga Movlumov was presented on TV, where he confessed to being guilty of a crime he did not commit. According to the report, the authorities are attempting to portray the people of Nardaran as the culprits of the events on June 3rd, 2002. They claim that they only shot in the air, however documented evidence exists showing that the bullets were fired at body or head-height. The authorities reportedly claim that this is due to Nardarinian people shooting each other. According to the report, there is a threat that the June 3rd incident may repeat itself. Without basing their decision on any legal ground, the Azerbaijani authorities have declared the situation in Nardaran as a State of Emergency. Nardaran is reportedly completely blocked by police forces and troops.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned detainees, notably those who require medical assistance and those who may be being subjected to severe forms of ill-treatment or even torture. OMCT is also concerned by the Azerbaijani authorities’ continuing intimidation of the inhabitants of Nardaran. Furthermore, OMCT decries the lack of any official investigation and prosecution of perpetrators of these human rights violations can be performed. OMCT calls on the authorities to immediately lift the State of Emergency on the village of Nardaran, as it is thought that this may lead to further uprisings which would likely result in further repression, including arbitrary arrests, injuries and potentially deaths.
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. Failet 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.
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. immediately lift the State of Emergency in Nardaran;
v. guarantee respect for the economic, social and cultural rights throughout Azerbaijan.
vi. 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, August 27th, 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
Incommunicado detention / Ill-treatment / Risk of torture / Fair trial / Impunity
Geneva, August 27th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Azerbaijan.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan (AIHMM), a member of the OMCT network, of the continuing detention of 16 persons following the events in Nardaran on June 3rd, 2002, in which the Azerbaijani police arbitrarily arrested and shot various persons who had engaged in a demonstration on May 7th, 2002, killing one and wounding several others. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency.
The situation has not progressed since the time of these events, with little to indicate that justice will be served for the victims of these human rights violations and that the perpetrators of these acts will be brought to justice, which is reportedly leading to tensions in the region and the country as a whole. No official investigation has been launched and the authorities continue to deny their responsibility for the death and injuries that resulted form the alleged shooting of demonstrators.
The following persons are still being held in detention:
In Shuvelian Prison :
1) 68-year old Alizade Seyfulla Iskander, arrested on 03.06.2002; 2) 47-year old Babayev Fizuli Huseynaga, arrested on 03.06.2002; 3) Djabbarov Elkhan Khanlar, arrested on 03.06.2002; 4) 42-year old Rahibzade Sameddin Sayfqulu, arrested on 03.06.2002; 5) 46-year old Rustamov Inayat Maherram, arrested on 03.06.2002; 6) Vekilov Seyfeddin, arrested on 07.06.2002; 7) 39-year old Veliyev Hikmet Mirzababa, arrested on 03.06.2002; 8) 55-year old Yakhshibeyov Hamid Ibrahim, arrested on 03.06.2002; 9) 46-year old Zakiyev E'tibar Zaki, arrested on 03.06.2002.
In Bayil prison:
10) Ahmedov Hadjibaba Mahammad, arrested on 03.06.2002; 11) Aliyev Alikram Ismayigl, arrested on 10.06.2002; 12) Askerov Agahuseyn Asker, arrested on 03.06.2002; 13) Atakishiyev Hafiz Huseynoglu, arrested on 06.06.2002; 14) Qasimov Mehman Ali, arrested on 03.06.2002.
In unknown place of detention, probably in the Baku City Police Office, although this remains to be confirmed: 15) Allahverdiyev Alikram Fazil, arrested on 03.06.2002; and 16) Movlumov Mirzaga Jafar, arrested on 27.07.2002.
According to the information received, Seyfulla Alizade in Shuvelian prison, who has been diagnosed with “unstable stenocardia”, had a serious heart attack on August 1st 2002. Hamid Yakhshibeyov was also diagnosed with “unstable stenocardia” and was admitted to hospital. The detainees, if they are lucky, are kept in wing no.4 in the prison, which provides around 3-4sqm per person. The cells reportedly have very poor ventilation systems and due to the weather in the summer season, two people died in detention last year.
According to the information received, Alikram Aliyev, who is being detained in Bayil prison, suffers from diabetes and has problems with his eyes. Alikram Allahverdiyev and Mirzaga Movlumov, who are being held at the Baku police station, were reportedly wounded during the shooting incidents on June 3rd 2002. It is feared that they are being subjected to ill-treatment or even torture, as Mirzaga Movlumov was presented on TV, where he confessed to being guilty of a crime he did not commit. According to the report, the authorities are attempting to portray the people of Nardaran as the culprits of the events on June 3rd, 2002. They claim that they only shot in the air, however documented evidence exists showing that the bullets were fired at body or head-height. The authorities reportedly claim that this is due to Nardarinian people shooting each other. According to the report, there is a threat that the June 3rd incident may repeat itself. Without basing their decision on any legal ground, the Azerbaijani authorities have declared the situation in Nardaran as a State of Emergency. Nardaran is reportedly completely blocked by police forces and troops.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned detainees, notably those who require medical assistance and those who may be being subjected to severe forms of ill-treatment or even torture. OMCT is also concerned by the Azerbaijani authorities’ continuing intimidation of the inhabitants of Nardaran. Furthermore, OMCT decries the lack of any official investigation and prosecution of perpetrators of these human rights violations can be performed. OMCT calls on the authorities to immediately lift the State of Emergency on the village of Nardaran, as it is thought that this may lead to further uprisings which would likely result in further repression, including arbitrary arrests, injuries and potentially deaths.
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. Failet 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.
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. immediately lift the State of Emergency in Nardaran;
v. guarantee respect for the economic, social and cultural rights throughout Azerbaijan.
vi. 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, August 27th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.