Azerbaijan
17.07.06
Urgent Interventions
Azerbaijan: Sentencing of Mr. Bashirli, Mr. Nuri and Mr. Tagiyev
Case AZE 250805.8 - Follow up to Cases AZE 250805 /.1 /.2 /.3 /.4 /.5 /.6 /.7
Sentencing
Geneva, 17 July 2006
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Azerbaijan.
According to the information received, they were charged with attempting to overthrow the government with the aid of the Armenian secret service. Furthermore, the charge of illegal entrepreneurship has been dropped on the suggestion of the prosecution. The defense lawyers asked the court to acquit the defendants. It is reported that none of the two lawyers, representing the Yeni Fikir members, was present at this hearing. One of them was informed about the hearing only half an hour before and the second lawyer was not informed at all.
It is reported that Mr. Said Nuri said that representatives of Yeni Fikir will appeal the verdict and are willing to take the case as far as the European Court.
The International Secretariat of OMCT is gravely concerned that the defendants’ right to a jury trial -provided for by the Azerbaijani Code of Criminal Procedure – has not been respected. Moreover, the lawyers of Mr. Bashirli, Mr.Tagiyev and Mr. Nuri, were not present during the court session on 10 July 2006 in which the indictment was read out by the court. These grave violations of their procedural rights call into question the fairness of their trial.
The International Secretariat of OMCT also expresses its grave concern over the independence of the judiciary.
On 12 September 2005, police arrested Mr. Said Nuri. He was temporarily detained in confinement at the Narimanov District Police Administration, where he was reportedly accused of “preparation of a coup d’état and getting financial support from interested forces”. The “evidence” was his participation in a seminar in Poland organised by the Institute of European Democracy. On the day after his arrest, Mr. Nuri was hospitalised because of a poor health condition (talassemia, and problems with his internal organs) in the City Clinical Hospital No. 1 in Baku. On 14 September 2005, 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. On 14 November 2005, Mr. Said Nuri was released from hospital where he had been since 15 September 2005, and was placed under house arrest. At that time, the charges against him had not been dropped.
On 16 September 2005, the Nasimi district court of Baku approved the preliminary arrest of Mr. Ramin Tagiyev. He was detained in Bayil Prison (Investigation Isolator #1 of the Ministry of Justice), on suspicion of preparing the forced seizure of power under the same case as Mr. Ruslan Bashirli’s. Mr. Bashirli’s lawyer would have reported that he was kept in a very cold cell in isolation.
The trials for Mr. Bashirli, Mr. Nuri and Mr. Tagiyev started on 31 March 2006 in the Court of Grave Crimes under chairmanship of judge Tofiq Pasheyev. The bill of accusations against the three men included Articles 278, 192.2.1 and 192.2.2 Criminal Code of the Republic of Azerbaijan (attempt of illegal seizure of power and illegal entrepreneurship). Following the decision of this judge that the hearings would take place behind closed doors, Mr. Bashirli and Mr. Tagiyev started a hunger strike on 2 April 2006. Moreover, on 7 April 2006 Mr. Bashirli, Mr. Nuri and Mr. Tagiyev refused themselves lawyers, asserting that they do not consider their services useful if the process is not transparent. Following this, the judge forcibly appointed new lawyers, who are paid by the government, because the Code of Criminal Procedure of the Republic of Azerbaijan states that a defendant who is tried under Article 278 is obligated to have a defender. Moreover, as conviction under Article 278 can lead to life imprisonment, in such cases Azerbaijani legislation requires, since 1 September 2000, that the case is to be tried by a jury. However, for unknown reasons, the establishment of a jury is still pending. Therefore ordinary courts now give all the verdicts, including life-long sentences.
Furthermore, during the above-mentioned hearing on 7 April 2006, the defendants were removed from the court hall for disruption of order because they actively protested and ‘shouted various slogans’. Also, Mr. Said Nuri, who was placed under house arrest was threatened to be arrested if he continued to inform the media about the content of the closed hearings.
i. Take all necessary measures to guarantee the physical and psychological integrity of Mr. Bashirli, Mr. Nuri and Mr. Tagiyev;
ii. Ensure that, should Mr. Bashirli, Mr. Nuri and Mr. Tagiyev appeal, all their procedural rights will be respected;
iii. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Please also write to the embassy of Azerbaijan in your respective country.
***
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Geneva, 17 July 2006.
Sentencing
Geneva, 17 July 2006
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about 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 12 July 2006 the Court of Grave Crimes sentenced Mr. Ruslan Bashirli, chairman of the Youth Movement “Yeni Fikir” (New Idea) to seven years in prison, Mr. Ramin Tagiyev, vice-chairman of Yeni Fikir to four years and Mr. Said Nuri to five years. According to the information received, judge Tofiq Pasheyev read out the sentence and ordered a three year probation for Mr. Said Nuri, considering his illness, with the remaining two years in reformatory.According to the information received, they were charged with attempting to overthrow the government with the aid of the Armenian secret service. Furthermore, the charge of illegal entrepreneurship has been dropped on the suggestion of the prosecution. The defense lawyers asked the court to acquit the defendants. It is reported that none of the two lawyers, representing the Yeni Fikir members, was present at this hearing. One of them was informed about the hearing only half an hour before and the second lawyer was not informed at all.
It is reported that Mr. Said Nuri said that representatives of Yeni Fikir will appeal the verdict and are willing to take the case as far as the European Court.
The International Secretariat of OMCT is gravely concerned that the defendants’ right to a jury trial -provided for by the Azerbaijani Code of Criminal Procedure – has not been respected. Moreover, the lawyers of Mr. Bashirli, Mr.Tagiyev and Mr. Nuri, were not present during the court session on 10 July 2006 in which the indictment was read out by the court. These grave violations of their procedural rights call into question the fairness of their trial.
The International Secretariat of OMCT also expresses its grave concern over the independence of the judiciary.
>Brief reminder of the situation
According to the information received, 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 278 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. Moreover, he was accused of “illegal entrepreneurship” (Art.192 of the Criminal Code). According to the article, the running of a business (entrepreneurship) without registration or license is punished by fine, limitation of liberty up to 3 years, or imprisonment up to 5 years. However, this should not apply to a non-profit organisation. 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 that 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. Mr. Ruslan Bashirli was allegedly tortured which resulted in the deterioration of his health. Therefore he was transferred to the medical unit of the Bayil Prison, Baku city. However, according to his lawyer, the conditions of the medical unit did not permit adequate medical treatment.On 12 September 2005, police arrested Mr. Said Nuri. He was temporarily detained in confinement at the Narimanov District Police Administration, where he was reportedly accused of “preparation of a coup d’état and getting financial support from interested forces”. The “evidence” was his participation in a seminar in Poland organised by the Institute of European Democracy. On the day after his arrest, Mr. Nuri was hospitalised because of a poor health condition (talassemia, and problems with his internal organs) in the City Clinical Hospital No. 1 in Baku. On 14 September 2005, 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. On 14 November 2005, Mr. Said Nuri was released from hospital where he had been since 15 September 2005, and was placed under house arrest. At that time, the charges against him had not been dropped.
On 16 September 2005, the Nasimi district court of Baku approved the preliminary arrest of Mr. Ramin Tagiyev. He was detained in Bayil Prison (Investigation Isolator #1 of the Ministry of Justice), on suspicion of preparing the forced seizure of power under the same case as Mr. Ruslan Bashirli’s. Mr. Bashirli’s lawyer would have reported that he was kept in a very cold cell in isolation.
The trials for Mr. Bashirli, Mr. Nuri and Mr. Tagiyev started on 31 March 2006 in the Court of Grave Crimes under chairmanship of judge Tofiq Pasheyev. The bill of accusations against the three men included Articles 278, 192.2.1 and 192.2.2 Criminal Code of the Republic of Azerbaijan (attempt of illegal seizure of power and illegal entrepreneurship). Following the decision of this judge that the hearings would take place behind closed doors, Mr. Bashirli and Mr. Tagiyev started a hunger strike on 2 April 2006. Moreover, on 7 April 2006 Mr. Bashirli, Mr. Nuri and Mr. Tagiyev refused themselves lawyers, asserting that they do not consider their services useful if the process is not transparent. Following this, the judge forcibly appointed new lawyers, who are paid by the government, because the Code of Criminal Procedure of the Republic of Azerbaijan states that a defendant who is tried under Article 278 is obligated to have a defender. Moreover, as conviction under Article 278 can lead to life imprisonment, in such cases Azerbaijani legislation requires, since 1 September 2000, that the case is to be tried by a jury. However, for unknown reasons, the establishment of a jury is still pending. Therefore ordinary courts now give all the verdicts, including life-long sentences.
Furthermore, during the above-mentioned hearing on 7 April 2006, the defendants were removed from the court hall for disruption of order because they actively protested and ‘shouted various slogans’. Also, Mr. Said Nuri, who was placed under house arrest was threatened to be arrested if he continued to inform the media about the content of the closed hearings.
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 Mr. Bashirli, Mr. Nuri and Mr. Tagiyev;
ii. Ensure that, should Mr. Bashirli, Mr. Nuri and Mr. Tagiyev appeal, all their procedural rights will be respected;
iii. 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
- Minister of Internal Affairs of the Azerbaijani Republic, Lt.-Gen. Ramil Usubov, Fax: + 994 12 492 45 90
- S.E. l’Ambassadeur 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
- Minister of Justice in Azerbaijan, Mr. Fikret Mamedov, Prospekt Stroitelej, 1 Baku Azerbaijan, e-mail: contact@justice.gov.az, Tel (99412) 430 01 16, Fax (99412) 430 09 81
- Azerbaijani Embassy in Brussels, Mr. Mamedov, Avenue Moliere, 464, 1050 Brussels, Belgium, Tel: +32 2 345 26 60, Fax: +32 2 345 91 85
Please also write to the embassy of Azerbaijan in your respective country.
***
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Geneva, 17 July 2006.