Azerbaijan
29.08.02
Urgent Interventions
Azerbaijan: two Nardaran village detainees have been released, 14 remain in detention
Case AZE 060602.2 / 060602.2.ESCRC
Urgent Appeal / Economic, Social and Cultural Rights Concern
Incommunicado detention / Ill-treatment / Releases / Impunity
Geneva, August 29th, 2002
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 Center of Azerbaijan (AIHMM), a member of the OMCT network, that 69-year old Mr. Alizade Seyfulla (also named Adalat) Iskandar and 55-year old Mr. Yakhshibeyov Hamid Ibrahim, two of the 16 persons that were arrested in Nardaran village near Baku in relation with a demonstration, have been released on August 23rd, 2002, after nearly three months in detention. These persons were the subject of the previous urgent appeal that was launched on August 27th, 2002, at which time OMCT still believed that they were being detained. While OMCT welcomes their release, it remains concerned for the persons that are still being kept in detention, but hopes that these recent releases will pave the way for the remaining 14 persons to also be freed.
According to the information received, Mr. Alizade and Mr. Yakhshibeyov were arrested during the morning of June 3rd 2002, as they were going to the Sabunchu District Prosecutor’s Office to discuss the problems of local self-government and social issues. Both of them are the members of the informal “Council of Elders” that had been established earlier in 2002 in order to replace the defunct municipal system. The villagers in Nardaran refused to elect a representative that had been presented by the Azerbaijani Government in 1999, as a protest against the authorities. Today, Nardaran is self-governing and is the only village in Azerbaijan without a municipal system. The authorities have declared a State of Emergency in Nardaran, essentially cutting it off from the outside world.
According to the report, the detainees, who were held having been accused of “organization of mass disorders” (Art. 220.1 of Crime Code), “organization of actions violating public order” (Art.233), and “resistance or violence against representative of state” (Art.315), were being detained without having had access to a lawyer or any contact with the outside world. After their release, Seyfulla Alizade informed the media and human rights defenders that he had spent 19 days in Baku City Police Directorate Prison and had then been transferred to Shuvelian Prison (Investigation Isolator #3). During the first 15 days Mr. Alizade reportedly suffered psychological pressure, with police officers misinforming him about the events in Nardaran, telling him that his children had been killed. Following this, Mr. Alizade suffered a heart attack and was admitted to hospital. According to the information received, Mr. Yakhshibeyov also suffers from serious heart problems, for which he reportedly began receiving medical treatment during the beginning of August.
According to the information received, the two detainees were released as result of the arrival of a new representative of Nardaran, Mr. Yashar Orudjov, who has been appointed by the district executive power. Mr. Orudjov is a native Nardaran resident and has promised to represent the interests of the people of Naradaran. The following day the two eldest prisoners, who had the greatest need for urgent medical attention, were released and all the charges that had been held against them were lifted. OMCT therefore hopes that further releases may take place concerning the remaining 14 detainees. The people in Nardaran are reportedly planning a protest starting on September 1st 2002, in order to demand the release of the remaining detainees, and OMCT fears that the authorities may again resort to violent repression.
The International Secretariat of OMCT welcomes the release of these two persons and wishes to thank all those institutions, organisations and individuals who intervened on the behalf of the detainees in Nardaran. OMCT, however, urges the authorities in Azerbaijan to release the remaining detainees, who are reportedly being held for political reasons, and drop all charges being held against them. OMCT also call for adequate reparation for the detainees and all persons that were injured as well as the family of the person who was killed during the events in Nardaran on June 3rd, 2002, and ensure that the perpetrators of the alleged human rights violation that took place at that time to be brought to justice.
Background information
According to the information received, on May 7th, 2002, a mass demonstration in which about one thousand residents participated, took place in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of the executive power in the village, Mr. Failet Mirzoyev. During the demonstration, a group of villagers reportedly went to Mirzoyev’s office to demand that he resign from his post. On May 15th, an investigation into these events began, since this action was considered as a criminal incident under the articles 221.2.2 (hooliganism), 233 (breaking of public order) and 315.1 (violence against the representatives of authorities). According to the report, on June 3rd, 2002, members of the police and of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arbitrarily arrested and shot various demonstrators who had participated in the May 7th demonstration, killing one and wounding several others, leading to further resentment on the part of the people of Nardaran. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency (for details and the list of names see AZE060602.1020602.1ESCR).
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. Guarantee the physical and psychological integrity of the afore-mentioned detainees and provide medical attention as a matter of urgency to the above mentioned detainees;
ii. order that all persons arrested in connection to this affair, be released immediately 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. 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;
iv. immediately lift the State of Emergency in Nardaran;
v. guarantee respect for the economic, social and cultural rights throughout Azerbaijan.
vi. guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights 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, August 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal / Economic, Social and Cultural Rights Concern
Incommunicado detention / Ill-treatment / Releases / Impunity
Geneva, August 29th, 2002
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 Center of Azerbaijan (AIHMM), a member of the OMCT network, that 69-year old Mr. Alizade Seyfulla (also named Adalat) Iskandar and 55-year old Mr. Yakhshibeyov Hamid Ibrahim, two of the 16 persons that were arrested in Nardaran village near Baku in relation with a demonstration, have been released on August 23rd, 2002, after nearly three months in detention. These persons were the subject of the previous urgent appeal that was launched on August 27th, 2002, at which time OMCT still believed that they were being detained. While OMCT welcomes their release, it remains concerned for the persons that are still being kept in detention, but hopes that these recent releases will pave the way for the remaining 14 persons to also be freed.
According to the information received, Mr. Alizade and Mr. Yakhshibeyov were arrested during the morning of June 3rd 2002, as they were going to the Sabunchu District Prosecutor’s Office to discuss the problems of local self-government and social issues. Both of them are the members of the informal “Council of Elders” that had been established earlier in 2002 in order to replace the defunct municipal system. The villagers in Nardaran refused to elect a representative that had been presented by the Azerbaijani Government in 1999, as a protest against the authorities. Today, Nardaran is self-governing and is the only village in Azerbaijan without a municipal system. The authorities have declared a State of Emergency in Nardaran, essentially cutting it off from the outside world.
According to the report, the detainees, who were held having been accused of “organization of mass disorders” (Art. 220.1 of Crime Code), “organization of actions violating public order” (Art.233), and “resistance or violence against representative of state” (Art.315), were being detained without having had access to a lawyer or any contact with the outside world. After their release, Seyfulla Alizade informed the media and human rights defenders that he had spent 19 days in Baku City Police Directorate Prison and had then been transferred to Shuvelian Prison (Investigation Isolator #3). During the first 15 days Mr. Alizade reportedly suffered psychological pressure, with police officers misinforming him about the events in Nardaran, telling him that his children had been killed. Following this, Mr. Alizade suffered a heart attack and was admitted to hospital. According to the information received, Mr. Yakhshibeyov also suffers from serious heart problems, for which he reportedly began receiving medical treatment during the beginning of August.
According to the information received, the two detainees were released as result of the arrival of a new representative of Nardaran, Mr. Yashar Orudjov, who has been appointed by the district executive power. Mr. Orudjov is a native Nardaran resident and has promised to represent the interests of the people of Naradaran. The following day the two eldest prisoners, who had the greatest need for urgent medical attention, were released and all the charges that had been held against them were lifted. OMCT therefore hopes that further releases may take place concerning the remaining 14 detainees. The people in Nardaran are reportedly planning a protest starting on September 1st 2002, in order to demand the release of the remaining detainees, and OMCT fears that the authorities may again resort to violent repression.
The International Secretariat of OMCT welcomes the release of these two persons and wishes to thank all those institutions, organisations and individuals who intervened on the behalf of the detainees in Nardaran. OMCT, however, urges the authorities in Azerbaijan to release the remaining detainees, who are reportedly being held for political reasons, and drop all charges being held against them. OMCT also call for adequate reparation for the detainees and all persons that were injured as well as the family of the person who was killed during the events in Nardaran on June 3rd, 2002, and ensure that the perpetrators of the alleged human rights violation that took place at that time to be brought to justice.
Background information
According to the information received, on May 7th, 2002, a mass demonstration in which about one thousand residents participated, took place in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of the executive power in the village, Mr. Failet Mirzoyev. During the demonstration, a group of villagers reportedly went to Mirzoyev’s office to demand that he resign from his post. On May 15th, an investigation into these events began, since this action was considered as a criminal incident under the articles 221.2.2 (hooliganism), 233 (breaking of public order) and 315.1 (violence against the representatives of authorities). According to the report, on June 3rd, 2002, members of the police and of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arbitrarily arrested and shot various demonstrators who had participated in the May 7th demonstration, killing one and wounding several others, leading to further resentment on the part of the people of Nardaran. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency (for details and the list of names see AZE060602.1020602.1ESCR).
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. Guarantee the physical and psychological integrity of the afore-mentioned detainees and provide medical attention as a matter of urgency to the above mentioned detainees;
ii. order that all persons arrested in connection to this affair, be released immediately 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. 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;
iv. immediately lift the State of Emergency in Nardaran;
v. guarantee respect for the economic, social and cultural rights throughout Azerbaijan.
vi. guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights 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, August 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.