Newinformation

AZE 002 / 0812 / OBS 069.2

Arbitrarydetention /

Judicialharassment

Azerbaijan

January 10,2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Azerbaijan.

New information:

TheObservatory has been informed by the Human Rights Centre of Azerbaijan that Mr.Hilal Mammadov, a minority rights defender and Editor-in-chief of the Tolishi-Sado (Voice of Talysh)newspaper[1], was beaten andinjured by his cell mate in aKurdakhani prison on November 26, 28 and 29, 2012.

Accordingto the information received, his cell mate suffers from a serious mental disease. Mr. Mammadov was placed in his cell twoweeks before the attacks. However, as his cell mate's behaviour was aggressive,even preventing him from sleeping at night, Mr. Mammadov's lawyers requested onseveral occasions that he be removed from the cell, but their requests were allignored. On November 29, his cell mate was eventually transferred to themedical unit of the prison hospital for treatment.

Inaddition, on November 8, 2012, the Sabail District Courtrejected a complaint filed by Mr. Hilal Mammadov to denounce acts of tortureand ill-treatment he suffered in the framework of his arrest. Such complainttook into account the opinion of forensic examination that injuries on his legscould be caused in that framework, as well as a previous decision of the NasimiDistrict Court (see background information). On November 19, 2012, the BakuAppeals Court upheld the November-8 decision. Mr. Mammadov's lawyers announced their intent to bring the matter beforethe European Court of Human Rights (ECHR).

Furthermore, on November 28, 2012, Mr.Mammadov's lawyers reported that the investigation stage had been completed,and that Mr. Mammadov was facing accusations under Articles 274 (“hightreason”), 283.2.2 (“incitement to national, racial or religious hostility”)and 234.4.3 (“illegal manufacturing, purchase, storage, transportation,transfer or selling of narcotics and psychotropic substances”) of the CriminalCode of Azerbaijan.

On December 21, 2012, the criminal case file onMr. Mammadov was transferred to the Court on Grave Crimes for trial. The firsthearing took place on January 9, 2013 as a preparatory session defining theprocedural issues. On that occasion, Mr. Hilal Mammadov's lawyer submitted twomotions: one requesting the audio- and video-tape of the hearing, and anotherto request that his client be allowed to sit outside of the court cage,together with his lawyer. However, both motions were rejected.

The Observatory recalls that Mr. Hilal Mammadovhas been detained for more than five months. After being sentenced, on June 22,2012, to three months of pre-trial detention, Mr. Mammadov appealed thisdecision to request a permission to serve this term under house arrest.However, on September 10, 2012, the Baku Appeals Court upheld the originaldecision, denying him provisional release. Mr. Mammadov faces imprisonmentsentences ranging up to life term, under clearly trumped-up charges broughtagainst him successively in June 2012, July 2012 and most recently November2012.

TheObservatory firmly condemns the ongoing harassment of Mr. Mammadov, andconsiders it as an obvious attempt more to silence his efforts to report onhuman rights violations.

The Observatory is all the more concerned withMr. Mammadov's conditions of detention as former Tolishi-Sado Editor-in-chief,Mr. Novruzali Mammedov, was subjected to similar acts of harassment andarbitrary detention in 2007, and eventually died in custody on August 17, 2009[2].

The Observatory therefore reiterates its calls on theAzerbaijani authorities todrop all charges against him immediately and unconditionally, as suchpractices seem to merely aim at sanctioning his human rights activities.

Background information:

On June 21, 2012, Mr.Hilal Mammadov was arrested in relation to a criminal case opened against himby the Nasimi District Police under Article 234.4.3 of the Criminal Code. Theauthorities alleged having seized five grams of heroin from him and about 30grams at his place of residence. Article 234.4 provides penalties ranging fromconfiscation of property to imprisonment for up to 12 years. On June 22, 2012,the Nasimi District Court sentenced Mr. Hilal Mammadov to 3 months of pre-trialdetention.

On the same day, Mr.Mammadov met with his lawyer, who discovered and photographed injuries on hisleg, and subsequently lodged a complaint for torture.

On July 4, 2012, theaccusations of illegal possession of drugs were contradicted by a jointstatement of the Interior Ministry and ProsecutorGeneral of Azerbaijan, which states that Mr. Mammadov was in reality arrestedon June 21, 2012 on the basis of information about his supposed “cooperationwith the intelligence agency of a foreign country”, “activities against thesecurity and territorial integrity of Azerbaijan”, as well as “incitement ofnational, racial and religious hatred”. According to the authors of thestatement, Mr. Mammadov supposedly became an agent of foreign secret services20 years ago.

On July 4, 2012, newtrumped-up charges were brought against Mr. Mammadov under other Articles 274and 283.2.2 of the Criminal Code. The investigators confiscated as evidence anotebook computer as well as drives containing information. The criminal caselaunched against him by the Nasimi District Prosecutor’s Office was transferredto the Grave Crimes Investigation Department, under the General Prosecutor’sOffice.

On July 12, 2012, the Grave Crimes InvestigationDepartment decided to test Mr. Mammadov's blood and urine. The detainee wastaken to the Republican Drug Rehab Centre in a stuffy car alongside 20 drugaddicts and TB sufferers. At the hospital, Mr. Mammadov refused to take thistest, alleging that he had been brutally beaten by employees of the Ministry ofInterior. The detainee, who suffers from asthma, also claimed that heconsidered this action as a degradation of personal honour and an attempt onhis life. It is to be further noted that this testing decision was taken 21days after he was arrested and notwithstanding he had been sentenced to threemonths of pre-trial detention on the following day on the grounds of drugcharges.

On July 25, 2012, Mr. Mammadov's lawyers appealedagainst the decision issued on June 22 to sentence him to three monthspre-trial detention. However, due to anoversight of the postal service employees, the date was written as July 26 onthe letter, resulting in the rejection of the appeal, since the deadline toappeal against a decision is 72 hours. On August 9, 2012, the judgenevertheless decided that the deadline was not missed and ordered to refer theappeal to the Appeals Court.

OnJuly 31, 2012, the Nasimi District Court of Baku City had already denied thefirst complaint that Mr. Mammadov had filed to denounce acts of torture andill-treatment he suffered in the framework of the criminal case brought againsthim in late June 2012. Mr. Mammadov's lawyers claimed that the investigatingauthorities had violated the Criminal Procedure Code, but the judge of the NasimiDistrict Court argued that the lawsuit brought by Mr. Mammadov did not complywith the provisions of Article 449 of the Criminal Procedure Code of Azerbaijan(“complaints to the court concerning procedural acts or decisions of theprosecuting authority”), and subsequently closed the hearing without listeningto the opinions of Mr. Mammadov's lawyers.

On August 29, 2012, the Nasimi District Courtfurther rejected the appeal that Mr. Mammadov's lawyers had filed against theJuly-31 decision. While the hearing was expected to be open, the judge decidedto hold a closed trial, so that journalists and members of the committeecreated in support of Mr. Mammadov had to wait for the court's decision fromthe street.

In addition, on August 27, 2012, the DeputyGeneral Prosecutor also refused to open proceedings on the complaint that Mr.Hilal Mammadov lodged in June against the acts of torture and ill-treatment hesuffered during the first days of his detention.

Action requested:

Please write to the authorities in Azerbaijan, urging them to:

i. Guaranteein all circumstances the physical and psychological integrity of Mr. HilalMammadov as well as of all human rights defenders in Azerbaijan;

ii. ReleaseMr. Hilal Mammadov immediately and unconditionally as his detention isarbitrary since it only aims at sanctioning his human rights activities;

iii. Orderan immediate, thorough, transparent investigation into the allegations oftorture and ill-treatment against Mr. Hilal Mammadov, in order to identify allthose responsible, bring them before an independent tribunal, and apply themthe sanctions provided by the law;

iv. Putan end to any kind of harassment - including at the judicial level - againstMr. Hilal Mammadov and more generally against all human rights defenders inAzerbaijan;

v. Conformwith the provisions of the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998, especially itsArticle 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”, as well as its Article 12.2, which provides that theState shall “take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of his or her rights”;

vi. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Azerbaijan.

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@pa.gov.az, office@apparat.gov.az

· Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku,Azerbaijan, Fax: +994 12 492 06 82, +994 12 492 26 63, E-mail: eldar_sultanov@prosecutor.gov.az

· Mr.Ramil Usubov, Minister of Home Affairs of the Azerbaijani Republic, Fax: + 99412 492 45 90

· Mr.Fikrat F. Mammadov, Minister of Justice in Azerbaijan, Inshaatchilar Prospekti, 1Baku, Azerbaijan, e-mail: minjus@azdata.net, contact@justice.gov.az; Tel (99412) 430 09 77, Fax+ 99412 430 09 81

· Permanent Mission of Azerbaijan to the United Nations inGeneva, Route des Fayards 237, CH-1290Versoix, Switzerland, E-mail: geneva@mission.mfa.gov.az Fax: +4122 901 18 44

· Azerbaijani Embassy in Brussels,Avenue Moliere, 464, 1050 Brussels, Belgium, Tel: +32 2 345 26 60, Fax: +32 2345 91 85

Pleasealso write to the diplomatic missions or embassies of Azerbaijan in yourrespective country as well as to the EUdiplomatic missions or embassies in Azerbaijan.

***

Paris-Geneva, January 10, 2013

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

· E-mail:Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 143 55 18 80

· Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29

[1] TheTalysh people are an ethnic minority living in the south of Azerbaijan.

[2] SeeObservatory Annual Report 2011.