Azerbaijan
06.04.05
Urgent Interventions

Azerbaijan: Restrictions on Mr. Ilgar Ibragimoglu's freedom of movement

URGENT APPEAL – THE OBSERVATORY

New Information
AZE 003 / 1203 / OBS 068.2
Restrictions on Freedom of Movement
Azerbaijan


April 6, 2005


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


New information:

The Observatory has been informed by the Center for the Protection of Conscience and Religious Freedom (DEVAMM) that on April 2, 2005, Mr. Ilgar Ibragimoglu, DEVAMM coordinator, Secretary General of the International Religious Liberty Association (IRLA Azerbaijan) and director of the Institute of Human Rights and Civil Stand (IHRCS), was prevented from leaving Azerbaijan in order to deliver, on April 4, 2005, a report on religious prosecution to the United Nations Commission on Human Rights (UNHCR), which is taking place in Geneva, Switzerland, from March 14 to April 22, 2005.

According to the information received, although Mr. Ibragimoglu notified in advance the authorities about the official invitation to participate in the UNCHR, the representatives of border services stated that they had instruction not to let go Mr. Ibragimoglu from Azerbaijan. This is the fifth time since August 2004 that Mr. Ibragimoglu is prevented from leaving Azerbaijan (see background information below).

The Observatory recalls that the restriction on Mr. Ibrahimoglu’s freedom of movement is a violation of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular of its article 5 (c), which states that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at national and international levels (...) to communicate with non-governmental or intergovernmental organisations”. It also violates article 6 (c) of the Declaration regarding the right “to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.


Background information:

On December 3, 2003, Mr. Ilgar Ibragimoglu was arbitrarily detained, being accused of participating in “troubles to public order” and of resisting to the representatives of the authorities in the aftermath of the presidential elections, on October 16, 2003.

On April 2, 2004, after having been imprisoned for about four months, Mr. Ibrahimoglu was given a five years’ suspended sentence for “participation in disturbing the public peace and resisting the authorities” in the electoral context. Mr. Ibragimoglu was then released from the courtroom. However, this suspended sentence did not limit the right of movement of Mr. Ibrahimoglu, and only required the notice of the appropriate bodies concerning a change of residence.

The Observatory recalls that subsequently to his release, the Baku airport border police prevented Mr. Ibrahimoglu on three occasions from travelling abroad to attend international organisations’ meetings, although his sentence carried no ban on leaving the Azerbaijani territory. On 13 September 2004, Mr. Ibrahimoglu was prevented from going to the Organisation for Security and Co-operation in Europe (OSCE) Conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination, held in Brussels on 13 and 14 September 2004. On October 6, 2004, Mr. Ilgar Ibragimoglu was prevented from departing to the OSCE Human Dimension Implementation Meeting, which took place in Warsaw, Poland, from October 4 to 15, 2004 (see Observatory urgent appeal AZE 003/1203/OBS 068.1). He was again notified of this ban when he attempted to travel to Warsaw for the same meeting on October 13, 2004.


Actions requested:
Please write to the Azerbaijani authorities and urge them to:

i. allow Mr. Ibragimoglu’s participation in the 61st session of the UN Commission on Human Rights;

ii. end all forms of harassment and restrictions on human rights defenders in Azerbaijan, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work, including through participation in international human rights events;

iii. conform with the provisions of the Declaration on Human Rights Defenders, in particular its article 1 which states that “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level” as well as the above-mentioned articles 5 and 6;

iv. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Azerbaijan.


Addresses:
  • President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku AZ1066, 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

  • Minister of Internal Affairs of the Azerbaijani Republic, Lt.-Gen. Ramil Usubov, Fax: + 994 12 92 45 90

  • Ambassador, Permanent Mission of Azerbaijan, rue de Lausanne 67, CH-1202, Genève, Switzerland, e-mail : az.mission.unog@iprolink.ch, fax: +41 22 901 18 44


***
Geneva-Paris, April 6, 2005

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

The Observatory, an 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:
Tel and fax: FIDH : +33 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax: OMCT : + 41 22 809 49 39 / +41 22 809 49 29
E-mail : observatoire@iprolink.ch