Arbitrary arrest and acts of harassment of Ms. Leyla Yunus and her husband

Arbitrary arrest/ Release /

Obstacles tofreedom of movement

Azerbaijan

April 30,2014

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), requests your urgent intervention in the followingsituation in Azerbaijan.

Brief description of thesituation:

TheObservatory has been informed by reliable sources about the arbitrary arrest andacts of harassment of Ms. Leyla Yunus,Director of the Institute for Peace and Democracy (IPD) and a member ofOMCT General Assembly, and her husband, Mr. Arif Yunusov, Head of the ConflictologyDepartment of IPD.

According to the information received, on April 28, 2014, Ms. LeylaYunus was reportedly invited as a witness on the criminal case of journalist Rauf Mirqadirov[1]to the Investigation Department of Serious Crimes of the Office ofProsecutor General of Azerbaijan. On the same day, she applied and obtained afive-year Shengen visa.

On the evening of April 28, 2014, Ms.Leyla Yunus and Mr. Arif Yunusov, who had just left a hospital where he wastreated from heart problems, tried to fly from the Baku Heydar AliyevInternational Airport to Paris via Doha. They arrived at the airport by adiplomatic car accompanied by the French Ambassador and U.S. Charge d’Affairs. After the check-in, theYunus couple was rejected by the border guards. Only after the intervention ofWestern diplomats they could cross the border. However, around 11.30 p.m. they weredeprived from their boarding passes and passports and were told that they were prohibited to leave the country.As they were searched at the airport during three hours, their lawyer Khalid Baghirov was not allowed access to them. Thecouple was seized a laptop and paper records.

At about 3 am on April 29,2014, Ms. Leyla Yunus and her husband were brought to their apartment so lawenforcement officers could carry out a search. Ms. Yunus refused to open thedoor of theirapartment and reportedly said that she would agree only if civil societyactivists were present in the equal quantity as policemen. She also demanded tobe shown an order for the search, but policemen refused and showed it only to herlawyer. That provoked a discussion between Ms. Yunus, the investigator andpolicemen, which negatively affected the health of Mr. Arif Yunusov. At about 4 am, Mr. Arif Yunusovhad to be hospitalized in a pre-stroke condition.

As for Ms. Yunus, despite of her protests,she was forced to visit a toilet room in a company of a male police officer.Her verbal protest was rejected by senior police officer, who argued that thiswas for security reasons.

Atabout 7 a.m. on April 29, 2014, Mrs. Yunus was taken for questioning to theInvestigation Department of Serious Crimes of the General Prosecutor’s Officeof Azerbaijan. She was accompanied by her lawyer Khalid Baghirov as well as IPDstaff member and journalists.

The interrogation lasted nine hours andincluded questions about joint projects of the IPD and Armenian NGOs as well asher relations with journalist Rauf Mirqadirov. During her questioning, Ms Yunusalleged that she knows Mr. Mirqadirov only as a friend and good journalist. At4 pm, Ms. Yunus was released. The interrogation did not result in a decision onarrest or a written undertaking not to abscond.

At about 6 p.m., Ms. Yunus took part in thesearch of her office. The inspectors reportedlyconfiscated all computers, books belonging to Mr. Arif Yunusov, various print materials, including conference proceedings withparticipation of Ms. Leyla and Mr. Arif Yunusov as well as visit card provided in 1994 by anArmenian historian.

Around 7 p.m. Mr. Yunus and inspectors leftthe IPD office for a search of the private flat of the Yunus couple.

The Observatory is concerned by the arbitraryarrest and harassment of Ms. Leyla Yunus and Mr. Arif Yunusov, and calls uponthe authorities in Azerbaijanto put an end to any kindof harassment - including at the judicial level - against them as it seems toonly aim at sanctioning Ms. Yunus’ activities.

The Observatory is all the more concerned that these factsmight announce an intensification of the repression against Ms. Leyla Yunus,and more generally those involved in the Armenian-Azeri dialogue.

Background information:

On April 19, 2014, Mr. Rauf Mirqadirov was arrested on his arrival to Baku on charges of spying for Armenia(Article 274 of the Criminal Code). Mr. Mirqadirov participated in severalprojects that IPD implemented concerning the management of Azeri-Armenianconflict.

On April 22, 2014 followingthe decision of the President of Azerbaijan, a joint group of investigators ofthe General Prosecutor’s Office and the Ministry of National Security was setup to “uncover a big network of spies of Armenia in Azerbaijan”.

On April 25, 2014, the appealof Mr. Mirqadirov against restraint measure was rejected.

On the same day, Ms. LeylaYunus along with Ms. Laura Bagdasaryan,Director of the “Region” Research Centre in Armenia, authored a statementdenouncing Mr.Mirqadirov’s arrest and the set up of the joint group of investigators.

Action requested:

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

i. Guaranteein all circumstances the physical and psychological integrity of Ms. LeylaYunus, Mr. Arif Yunusov as well as of all human rights defenders in Azerbaijan;

ii. Putan end to any kind of harassment - including at the judicial level - against Ms.Leyla Yunus, her relatives and more generally against all human rightsdefenders in Azerbaijan;

iii. 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”;

iv. 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, Presidentof the Republic of Azerbaijan, Office of the President of the Republic ofAzerbaijan, 19 Istiqlaliyyat St., Baku AZ1066, Azerbaijan, Fax: (+994) 12 49206 25, (+994) 412 92 28 68, E-mail: office@pa.gov.az, office@apparat.gov.az

· Mr. ZakirGaralov, Prosecutor General of the Republic of Azerbaijan, Prosecutor’s Office, 7 NigarRafibeyli St., Baku, Azerbaijan, Fax: (+994) 12 492 06 82, (+994) 12 492 26 63,E-mail:z.qaralov@prosecutor.gov.az

· Mr. Eldar Mahmudov, Minister of NationalSecurity, Ministry of National Security of the Republic of Azerbaijan, Parliament Avenue 14, BakuAZ1006,Azerbaijan, Fax: (+994)12 493-76-22, E-mail:cpr@mns.gov.az

· Mr. Ramil Usubov, Minister of Internal Affairs,Ministry of Internal Affairs of the Azerbaijani Republic, Fax: (+994) 12 492 4590

· Mr. Elmar Mammadyarov Minister of Foreign Affairs,Ministry of Foreign Affairs of the Republic of Azerbaijan, E-mail: katiblik@mfa.gov.az

· Mr. Fikrat F. Mammadov, Minister of Justice inAzerbaijan, Inshaatchilar Prospekti, 1 Baku, Azerbaijan, e-mail: contact@justice.gov.az; Fax (+994) 12 430 09 81

· H.E. Mr. Murad N. Najafbayli, Ambassador, Permanent Mission of Azerbaijan to the United Nationsin Geneva, Route des Fayards 237,CH-1290 Versoix, Switzerland, Fax: (+41) 22 901 18 44, E-mail: geneva@mission.mfa.gov.az

· Embassyof Azerbaijan in Brussels, Avenue Moliere 464, 1050 Brussels, Belgium, Fax:(+32) 2 345 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.

***

Geneva-Paris, April 30, 2014

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

TheObservatory, an OMCT and FIDH 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 OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29

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

[1] Mr. Rauf Mirqadirov was deprived journalist accreditation in Turkey without any formalreason, deported to Azerbaijan and arrested on his arrival to Baku on April 19,2014 on charges of spying for Armenia. This procedure permits to avoid aprocess of extradition and leaves no opportunity for appeal (See backgroundinformation).