Azerbaijan
09.10.02
Urgent Interventions
Azerbaijan: release and allegations of torture of Nardaran detainees
Case AZE 060602.5
Follow-up of Case AZE 060602
Release / Torture
Geneva, October 9th, 2002
The International Secretariat of OMCT has received new information regarding the following situation in Azerbaijan.
New information
The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan, a member of the OMCT network, of the release of three persons who were being arbitrarily detained in Naradaran, Azerbaijan.
According to the information received, on the evening of September 28th, 2002, the police released Nadir Djebrayil oglu Alizade, Novruzali Nurali oglu Alizade and Farman Rahman oglu Djebrayilov. They were released before the end of their 10-days detention term, to which they had reportedly been sentenced for "insulting policemen." The police had previously promised to free Nadir and Novruzali, but detain Farman due to his alleged participation in the June 3 events in Nardaran (see below). Our sources indicate that the letters sent by supporters of OMCT's urgent appeals concerning this case were a significant factor in bringing about these releases. OMCT would like to thank all persons, organisations and institutions that intervened concerning this case.
Despite this good news, OMCT is gravely concerned by the testimony of Mr. Nadir Alizade concerning the use of torture against him by the police during his detention. Following his release, Nadir Alizade revealed in a statement to the local media that he was beaten by the police officials in the Department of Struggle Against Organized Crimes (MCQBI), in order to force him to appear on television and deliver a testimony against those holding protest actions in Nardaran and blaming the current unrest in the region on the local village elders. Mr. Alizadeh refused to do so and as a result was reportedly beaten several times every day, including with a "cudgel" and eventually signed a testimony. In this testimony, Mr. Alizade was forced to deny previous claims that the Police had put a gun to his 5-year old son's head during the arrest of Mr. Nadir Alizade's father, Mr. Djebrayil Alizade, the chairman of the Baku Villages’ Union, who was arrested on September 20th, 2002. He was also reportedly forced to sign an obligation to become a police informer. Representatives of the Red Crescent Society reportedly visited him while he was in detention, at which point he told them that he was being beaten. When they left, the beatings reportedly resumed. The use of torture has been confirmed by an independent expert, Dr. Ilqar Altay Mammedov who cooperates with the Federation of Human Rights NGOs of Azerbaijan, who diagnosed traumas to the back of Mr. Alizade’s head, his left foot and the fingers of both hands.
According to the information received, the latest wave of demonstrations in Nardaran, which started on September 20th, 2002, are still ongoing, with the demonstrators calling for the release of all persons being detained in relation with the June 3rd events, for the perpetrators of these attacks on civilians to be brought to justice, and for representatives of Nardaran to be allowed to meet with President Heidar Aliev.
OMCT recalls that the Azerbaijani police arbitrarily arrested and shot various demonstrators in Nardaran, killing one and wounding several others, on June 3rd, 2002. This followed a mass demonstration on May 7th, 2002, in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of executive power in the village, Mr. Fazilet Mirzoyev. According to the report, on June 3rd, 2002, the police and servicemen of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arrested seven participants of the May 7th demonstration. The police opened fire against a crowd that had assembled to protest against these arrests, initially using plastic bullets, but soon they started firing live ammunition, wounding tens of demonstrators and killing one of their number.
The International Secretariat of OMCT welcomes the release of Messrs. Nadir Djebrayil oglu Alizade, Novruzali Nurali oglu Alizade and Farman Rahman oglu Djebrayilov, but is gravely concerned by the reports of beatings, which constitute acts of torture, upon Mr. Nadir Alizade, in order to force him to sign and deliver false testimonies. OMCT is also gravely concerned for the physical and psychological integrity of Mr. Djebrayil Alizade and all other persons still being detained in relation with the events of June 3rd in Nardaran, and calls on the authorities to guarantee their integrity and release them immediately.
Brief reminder of the situation
On September 20th, 2002, at around 11 a.m., the chairman of the Association of the Baku and Villages (Baki ve Kendler Birliyi), Mr. Djebrayil Alizade, who is also one of the informal leaders of the protest movement in Nardaran, was arrested in Nardaran village, while in his car, near his home. The son of Djebrayil Alizade, Mr. Nadir Alizade, stated that during the arrest one of the policemen put a pistol against the temple of Mr. Djebrayil Alizade's 5-year old grandson, Hasan Nadir oglu Alizade, and threatened that the child would be killed if Mr. Djebrayil Alizade started to move his car. According to Mr. Djebrayil Alizade's lawyer, Aydin Nazarli, he was brutally beaten on the way to his place of detention. On October 1, Djebrayil Alizade was reportedly transferred from the of MCQBI temporary detention isolation facilities to the Ministry of Justice’s Investigation Isolator #1, since which time he has stopped the hunger strike he had started several days prior to being moved.
According to the information received, on September 21st, at around noon, five Nardaran residents, including members of Mr. Djebrayil Alizade's family came to provide the detainee with some food. They were reportedly arrested, beaten and insulted by the policemen. An hour later, the policemen released two of visitors, Mr. Beyler Khudaverdiyev and Mr. Amirahmed Qasimoglu Melikov. However, three more people, Nadir Djebrayil oglu Alizade, born in 1973; Novruzali Nurali oglu Alizade, born in 1962, and Farman Rahman oglu Djebrayilov, Mr. Djebrayil Alizade's son, nephew and cousin respectively, continue to be detained.
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. 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;
ii. order the immediate release of those persons still being detained in relation with the events in Nardaran, 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. guarantee adequate reparation to all injured people and to the family of the person who was killed in these events;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights law and 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, October 9th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case AZE 060602
Release / Torture
Geneva, October 9th, 2002
The International Secretariat of OMCT has received new information regarding the following situation in Azerbaijan.
New information
The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan, a member of the OMCT network, of the release of three persons who were being arbitrarily detained in Naradaran, Azerbaijan.
According to the information received, on the evening of September 28th, 2002, the police released Nadir Djebrayil oglu Alizade, Novruzali Nurali oglu Alizade and Farman Rahman oglu Djebrayilov. They were released before the end of their 10-days detention term, to which they had reportedly been sentenced for "insulting policemen." The police had previously promised to free Nadir and Novruzali, but detain Farman due to his alleged participation in the June 3 events in Nardaran (see below). Our sources indicate that the letters sent by supporters of OMCT's urgent appeals concerning this case were a significant factor in bringing about these releases. OMCT would like to thank all persons, organisations and institutions that intervened concerning this case.
Despite this good news, OMCT is gravely concerned by the testimony of Mr. Nadir Alizade concerning the use of torture against him by the police during his detention. Following his release, Nadir Alizade revealed in a statement to the local media that he was beaten by the police officials in the Department of Struggle Against Organized Crimes (MCQBI), in order to force him to appear on television and deliver a testimony against those holding protest actions in Nardaran and blaming the current unrest in the region on the local village elders. Mr. Alizadeh refused to do so and as a result was reportedly beaten several times every day, including with a "cudgel" and eventually signed a testimony. In this testimony, Mr. Alizade was forced to deny previous claims that the Police had put a gun to his 5-year old son's head during the arrest of Mr. Nadir Alizade's father, Mr. Djebrayil Alizade, the chairman of the Baku Villages’ Union, who was arrested on September 20th, 2002. He was also reportedly forced to sign an obligation to become a police informer. Representatives of the Red Crescent Society reportedly visited him while he was in detention, at which point he told them that he was being beaten. When they left, the beatings reportedly resumed. The use of torture has been confirmed by an independent expert, Dr. Ilqar Altay Mammedov who cooperates with the Federation of Human Rights NGOs of Azerbaijan, who diagnosed traumas to the back of Mr. Alizade’s head, his left foot and the fingers of both hands.
According to the information received, the latest wave of demonstrations in Nardaran, which started on September 20th, 2002, are still ongoing, with the demonstrators calling for the release of all persons being detained in relation with the June 3rd events, for the perpetrators of these attacks on civilians to be brought to justice, and for representatives of Nardaran to be allowed to meet with President Heidar Aliev.
OMCT recalls that the Azerbaijani police arbitrarily arrested and shot various demonstrators in Nardaran, killing one and wounding several others, on June 3rd, 2002. This followed a mass demonstration on May 7th, 2002, in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of executive power in the village, Mr. Fazilet Mirzoyev. According to the report, on June 3rd, 2002, the police and servicemen of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arrested seven participants of the May 7th demonstration. The police opened fire against a crowd that had assembled to protest against these arrests, initially using plastic bullets, but soon they started firing live ammunition, wounding tens of demonstrators and killing one of their number.
The International Secretariat of OMCT welcomes the release of Messrs. Nadir Djebrayil oglu Alizade, Novruzali Nurali oglu Alizade and Farman Rahman oglu Djebrayilov, but is gravely concerned by the reports of beatings, which constitute acts of torture, upon Mr. Nadir Alizade, in order to force him to sign and deliver false testimonies. OMCT is also gravely concerned for the physical and psychological integrity of Mr. Djebrayil Alizade and all other persons still being detained in relation with the events of June 3rd in Nardaran, and calls on the authorities to guarantee their integrity and release them immediately.
Brief reminder of the situation
On September 20th, 2002, at around 11 a.m., the chairman of the Association of the Baku and Villages (Baki ve Kendler Birliyi), Mr. Djebrayil Alizade, who is also one of the informal leaders of the protest movement in Nardaran, was arrested in Nardaran village, while in his car, near his home. The son of Djebrayil Alizade, Mr. Nadir Alizade, stated that during the arrest one of the policemen put a pistol against the temple of Mr. Djebrayil Alizade's 5-year old grandson, Hasan Nadir oglu Alizade, and threatened that the child would be killed if Mr. Djebrayil Alizade started to move his car. According to Mr. Djebrayil Alizade's lawyer, Aydin Nazarli, he was brutally beaten on the way to his place of detention. On October 1, Djebrayil Alizade was reportedly transferred from the of MCQBI temporary detention isolation facilities to the Ministry of Justice’s Investigation Isolator #1, since which time he has stopped the hunger strike he had started several days prior to being moved.
According to the information received, on September 21st, at around noon, five Nardaran residents, including members of Mr. Djebrayil Alizade's family came to provide the detainee with some food. They were reportedly arrested, beaten and insulted by the policemen. An hour later, the policemen released two of visitors, Mr. Beyler Khudaverdiyev and Mr. Amirahmed Qasimoglu Melikov. However, three more people, Nadir Djebrayil oglu Alizade, born in 1973; Novruzali Nurali oglu Alizade, born in 1962, and Farman Rahman oglu Djebrayilov, Mr. Djebrayil Alizade's son, nephew and cousin respectively, continue to be detained.
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. 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;
ii. order the immediate release of those persons still being detained in relation with the events in Nardaran, 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. guarantee adequate reparation to all injured people and to the family of the person who was killed in these events;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights law and 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, October 9th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.