Azerbaijan: Mr. Said Nuri released from hospital and under house arrest

Case AZE 250805.2
Follow up to Case AZE 250805 and Case AZE 250805.1

Ill-treatment and harassment / Arbitrary arrest and detention

Geneva, 17th November 2005

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 Centre of Azerbaijan, a member of the OMCT network, that on 14th November 2005, Mr. Said Nuri was released from hospital where he had been since September 15th 2005, and is currently under house arrest and charges have not been dropped. Mr. Nuri stated that he had not been tortured but that the public hospital had refused to treat him.

The International Secretariat of the OMCT has no further information concerning Mr. Vuqar Mehdiyev, Mr. Ramin Tagiyev, Mr. Ruslan Bashirli or Mr. Sarvan Sarhanov.

Brief reminder of the situation

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

According to the information received, Mr. Vuqar Mehdiyev, a member of Yeni Fikir, was also arrested during the incident on 1st September, as described below, and beaten by officers of the 9th police station of Sabayil District Police Department. The International Secretariat has no further information.

On 12 September 2005, police arrested Mr. Said Nuri, deputy of Mr. Ruslan Bashirli, and 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. The conditions of his detention remain unclear.

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.

The International Secretariat of OMCT had also been informed by the Human Rights Centre of Azerbaijan, a member of the OMCT network, of the arrest of Mr. Ruslan Bashirli, head of the youth organisation Yeni Fikir (“New Idea”).

According to the information, Mr. Ruslan Bashirli 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. According to the information received, Mr. Ruslan Bashirli was not able to meet with his lawyer, Mr. ‘El’chin Gambarov, for two days after his arrest. Mr. Ruslan Bashirli is reportedly detained in an isolation cell of the Bayil remand prison, located in Baku city.

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.

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, Mr. S. Nuri, and Mr. Ramin Tagiyev in the absence of valid legal charges, and if such charges exist, to ensure that he is given a prompt and fair trial, in which his 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, 17th November 2005.

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