Azerbaijan: New information on the death in detention of Mr. Novruzali Mammadov

Azerbaijan

October 22, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Azerbaijan.

New information:

The Observatory has been informed by reliable sources about the trial that followed the death in detention of human rights defender Novruzali Mammadov, a fervent defender of the cultural rights of the Talysh people, an ethnic minority living in the south of Azerbaijan[1].

According to the information received, on October 15, 2009, the Nasimi District Court started the examination of the complaint filed by Ms. Maryam Mammadova and Mr. Emil Mammadov, respectively the widow and son of Mr. Novruzali Mammadov, against the Ministry of Finance, the Justice Ministry’s Penitentiary Services, the Chief Medical Office of the Justice Ministry, High Security Colony No. 15 and the Penitentiary Service’s Treatment Facility regarding Mr. Mammadov's death in detention. Hearings also took place on October 21, 22 and 23 during which several witnesses were interrogated.

The plaintiffs' counsel requested the recognition that Mr. Novruzali Mammadov's right to life had been violated and the payment of a compensation amounting to three million AZN (approximately 2,5 million Euros), claiming Mr. Novruzali Mammadov had died because he was not provided the appropriate medical assistance needed, despite repeated appeals to transfer Mr. Novruzali Mammadov to a facility providing adequate medical treatment. Nizami region Prosecutor's Office refused to open a criminal case and alleged, during the trial, that Mr. Mammadov's death was objectively investigated and that the prison and medical staff could not be held responsible for Mr. Novruzali Mammadov's death.

Justice Ministry’s Penitentiary Services Representative Elshan Hasanov stated that Mr. Novruzali Mammadov had refused to be transferred to the treatment facility.

The Observatory urges the authorities of Azerbaijan to order a thorough and impartial investigation into Mr. Novruzali Mammadov’s death in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law.

The Observatory further calls upon the Commissioner for Human Rights of the Council of Europe (CoE) to act in accordance with OP 4 of the CoE Declaration on Human Rights Defenders[2], and to urge the Republic of Azerbaijan to comply with its duties under the terms of the above-mentioned Declaration and to abide by the provisions of the European Convention on Human Rights.

The Observatory also urges the European Commission Delegation as well as European Union (EU) Member-States embassies in Azerbaijan to urge the authorities of Azerbaijan to comply with the relevant international norms and standards, and to report on all breaches of human rights standards.

Background information:

On February 2, 2007, Mr. Novruzali Mammadov was called to the Ministry of Internal Affairs, where he was kept for several days without explanations, underwent beatings and was interrogated because he took part in a scientific conference in Iran in 2004. After a short release, he was detained at the Investigation Isolation Centre of the Ministry of Internal Affairs, where he allegedly underwent physical and psychological pressure for 15 days with the aim to force him to confess the acts of “espionage” for Iran.

On February 17, 2007, he was accused of high treason for espionage under Article 274 of the Criminal Code and he was arbitrarily detained. On June 24, 2008, the Grave Crime Court sentenced him to ten years in prison, arguing that Mr. Mammadov had collected “information necessary for the establishment of an administrative autonomy in the territories of Azerbaijan compactly populated by Talysh people”, and had spread a negative image of Azerbaijan abroad through appeals submitted to international organisations relating to “violations of the human rights of the Talysh people”.

During the trial, Mr. Mammadov pleaded not guilty, and informed the members of the Court of the physical and psychological torture he had been subjected to while in detention. However, these allegations of torture were all rejected by the Court. The verdict was reportedly announced in an empty room in the absence of Mr. Mammadov’s attorney, after a closed trial. It is believed that he was falsely accused and sentenced because of his activity for the protection of the rights of the Talysh ethnic minority[3].

On December 26, 2008, the Baku Appeal Court confirmed the sentence of Mr. Novruzali Mammadov to ten years in prison for “high treason” and “inciting national, racial, and religious hatred”[4].

On January 14, 2009, Mr. Novruzali Mammedov was transferred from the Pre-Trial Detention Centre No 1 of Bailov to the Strict Regime Colony No 15, subsequent to the confirmation in appeal of his sentence. He was then immediately placed in a punishment cell for 15 days for “breach of order”, being deprived of bed and warm clothes.

On May 27, 2009, the cassation complaint of Mr. Novruzali Mammadov against the December 26, 2008 decision of the Baku Appeal Chamber was rejected by the Supreme Court.

Mr. Mammadov’s lawyer appealed this ruling to the European Court on Human Rights (ECtHR).

Further, on June 10, 2009, the Supreme Court, chaired by Judge Gahraman Allahverdiyev, rejected another complaint filed by Mr. Mammadov’s lawyer on the destruction by the National Security Ministry of Mr. Mammadov’s unpublished scientific works on Talysh language and linguistics that were on his computer hard drive (about 4,000 pages), following the seizure without mandate of his computer on February 16, 2007. His lawyer also intends to appeal such ruling before the ECtHR.

On June 22, 2009, Mr. Novruzali Mammadov's wife, Ms. Maryam Mammadova and his son Mr. Emil Mammadov visited him in high security colony No 15. They reported that his health had seriously deteriorated and that he had to undergo three major chirurgical interventions.

On July 28, Mr. Mammadov was transferred from the Strict Regime Colony N° 15 to the Neurology Department of the Justice Ministry’s Penitentiary Services Central Hospital. Yet, his health continued to deteriorate. Sanitary conditions would have been very bad and Mr. Mammadov would not have been given any treatment or pain relief by hospital staff. Mr. Mammadov complained to representatives of the Ombudsman of Azerbaijan about his conditions and the lack of medical treatment.

In early August, Ms. Veronika Kotek, Council of Europe’s Special Representative in Azerbaijan, had visited Mr. Novruzali Mammadov in the hospital. She had a conversation with the hospital administration and physicians, who said that Mr. Mammadov’s health condition was of medium severity, and the hospital’s administration rejected Ms. Kotek’s proposal to invite European doctors to examine Mr. Mammadov.

On August 17, 2009, Mr. Novruzali Mammadov died. His health had deteriorated for the last few months and in June 2009 his family reported that he was suffering from, among others, a cataract, a prostate tumour, and thyroid problems.

Actions requested:

Please write to the authorities in Azerbaijan, urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in Azerbaijan and their families;
2. Order a thorough and impartial investigation into Mr. Novruzali Mammadov’s death in detention in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
3. Guarantee that adequate reparation is provided to Mr. Novruzali Mammadov’s relatives;
4. Put an end to the harassment against all human rights defenders in Azerbaijan;
5. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;
6. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Azerbaijan.

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
• Minister of Internal Affairs of the Azerbaijani Republic, Lt.-Gen. Ramil Usubov, Fax: + 994 12 492 45 90
• 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
• Permanent Mission of Azerbaijan, Rue de Lausanne 67, CH-1202, Genève, Suisse, E-mail: az.mission.unog@iprolink.ch, fax: +4122 901 18 44
• Azerbaijani Embassy in Brussels, Avenue Moliere, 464, 1050 Brussels, Belgium, Tel: +32 2 345 26 60, Fax: +32 2 345 91 85

Please also write to the diplomatic mission or embassy of Azerbaijan in your respective country as well as to the EU diplomatic missions or embassies in Azerbaijan.

Geneva-Paris, October 22, 2009

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT: + 41 22 809 49 39 / + 41 22 809 49 29
• Tel and fax FIDH: + 33 1 43 55 20 11 / +33 1 43 55 18 80

[1] He was also the Head of the Talysh Cultural Center, Editor-in-chief of the Tolishi Sado (Voice of the Talysh) newspaper, and Department Head of the Linguistics Institute at the Academy of Sciences.

[2] See Declaration of the Committee of Ministers of the Council of Europe for enhanced protection of human rights defenders, adopted on February 6, 2008.

[3] The sentencing was indeed issued without proofs, and is based exclusively on the self-confessions of a journalist of Tolishi Sedo, Mr. Elman Quliyev, who was also arrested and sentenced for six years in prison. The Observatory fears that these confessions were obtained through torture and ill-treatment.

[4] The hearing in appeal took place on December 24, 2008, and the sentence was issued on December 26.