Follow-up of case AZE 140709_Sentencing of Mr. Emin Milli and Mr. Adnan Hajizade

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information on the following situation in Azerbaijan.

New information

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, that Mr. Adnan Hajizade, coordinator of OL Youth Organisation and a well-known video-blogger, and Mr. Emin Milli (Abdullayev), chairman of Alumni Network (AN) Youth Organisation and leader of ANTV Online TV, who had both been detained since 8 July 2009, were sentenced to two and two and a half years imprisonment respectively on charges of hooliganism and inflicting minor bodily harm, on 11 November 2009, by the Sabail District Court, in Baku.

On the basis of the information received, OMCT is deeply concerned that the sentencing of Mr. Adnan Hajizade and Mr. Emin Milli to prison terms was exclusively motivated by a wish to sanction them because of their activities as independent journalists and to deter other dissenting voices from expressing their opinions. Indeed, according to the same information, no proper investigation was conducted into the events of 8 July 2009 (see below) leading to their arrest, detention and subsequent trial, which appears to have fallen short of the due process guarantees laid down in, for instance, article 6 of the European Convention on Human Rights by which Azerbaijan is legally bound (e.g. not all defence witnesses were heard by the Court and some evidence presented by the defence was refused).

Furthermore, OMCT is concerned about their safety and urges the authorities of Azerbaijan to effectively guarantee their physical and psychological integrity at all times in accordance with international and regional human rights law, and in particular the provisions of article 3 of the European Convention on Human Rights, the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and articles 7 and 10 of the International Covenant on Civil and Political Rights.

Reminder of the Situation

OMCT had earlier been informed about the denial of medical assistance and the arbitrary detention of Mr. Adnan Hajizade and Mr. Emin Milli (Abdullayev), in Baku.

According to the information received, on 8 July 2009, at around 8 pm, two athletic-built young men severely assaulted Mr. Adnan Hajizade and Mr. Emin Milli, while they were sitting in a Baku restaurant, demanding: “Why do you criticize the government?”

During the assault, friends of Mr. Adnan Hajizade and Mr. Emin Milli reportedly ran to the nearby No.39 police station of Sabail Police Department, but the police allegedly informed them that “this district is not attached to our station”. The police reportedly arrived later on the scene and then took the assaulters and Mr. Adnan Hajizade and Mr. Emin Milli, who were both injured, to the Sabail District Police Department.

However, once at the District Police Department, Mr. Adnan Hajizade and Mr. Emin Milli were first denied medical assistance and later detained under charges of “hooliganism” (under Article 221.2.1 of the Azerbaijani Criminal Code). Both were also denied access to their lawyers until the following day. According to the same information, on 10 July 2009, the Sabail District Court ordered Mr. Adnan Hajizade and Mr. Emin Milli to be detained for two months pending trial. In August 2009, both were also charged with “inflicting minor bodily harm” in the course of the same event. The two men, who were involved in the assault, were only briefly interrogated and later set free.

Several court hearings took place at Sabail District Court in Baku from September to November 2009.

Action requested

Please write to the authorities in Azerbaijan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Adnan Hajizade and Mr. Emin Milli (Abdullayev);
2. Grant unconditional access to their lawyers and families, as well as guarantee that both are examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Carry out a prompt, effective, thorough, independent and impartial investigation into the events, the result of which must be made public, in order to bring those responsible for the attack on Mr. Hajizade and Mr. Milli before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by the law;
4. Order their immediate release pending the outcome of a new effective investigation into the events of 8 July 2009;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and 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
• Ministry of National Security Center of Public Relations, Baku, Parliament Avenue, 2, Tel: 493-76-22 Fax: +994 493-76-22, E-mail: cpr@mns.gov.az
• Minister of Justice in Azerbaijan, Prospekt Stroitelej, 1 Baku Azerbaijan, E-mail: contact@justice.gov.az, Tel: + 994 (12) 430 01 16, Fax: + 994 (12) 430 09 81
• Minister of Foreign Affairs of the Republic of Azerbaijan, Mr. Elmar Mammedyarov, 4, S. Qurbanov Str., Baku AZ 1009, Azerbaijan Tel: +994 (12) 596 90 00, Fax: +994 (12) 498 84 80, E-mail: secretariat@mfa.gov.az ; katiblik@mfa.gov.az
• 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 embassies of Azerbaijan in your respective country.

Geneva, 16 November 2009

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