Arbitrary arrest and death in detention_Call for a prompt, thorough and impartial investigation

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Azerbaijan.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the death of Ms. Faina Kungurova, a 33-year-old political activist, while detained at the Shuvalan Detention Centre, on 18 November 2007.

According to the information received, Ms. Faina Kungurova, former member of the opposition Democratic Party of Azerbaijan, was arrested on 5 October 2007 while standing by a highway along which the presidential motorcade was scheduled to pass. A picture of opposition leader Mr. Rasul Guliyev was reportedly found in her bag when she was searched. She was then reportedly charged with possession of drugs and condemned to a three months imprisonment, allegedly a common method used against opposition members. She was transferred to Shuvalan Detention Centre on 6 October 2007 where she remained detained until her death.

According to the same information, Ms. Faina Kungurova began a hunger-strike just after her detention, but started eating again following her transfer to the prison's hospital on 22-23 October 2007.

The exact circumstances of Ms. Faina Kungurova’s death, who had previously served a prison term under harsh conditions, remain reportedly unclear. Authorities have first failed to release the results of an official autopsy to either family or outside investigators. According to the court’s medical examination, the reason of her death was a heart failure.

Ms. Faina Kungurova was already convicted in 2002 [see OMCT U.A. AZE 030502] on charges of hooliganism but was recognised a political prisoner by the Council of Europe (CoE) after what she was pardoned reportedly due to the pressure of the CoE.

The International Secretariat of OMCT expresses its deep concern about the death in detention of Ms. Faina Kungurova, in particular in view of harsh conditions of detention and the reported number of political prisoners who have died in prison. OMCT calls on the authorities to order a thorough and impartial investigation into the circumstances of her death and arbitrary arrest in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. Furthermore, OMCT recalls that Azerbaijan is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit cruel, inhuman or degrading treatment. OMCT also recalls to Azerbaijan that according to article 9 1) of the ICCPR “no one shall be subjected to arbitrary arrest or detention”.

Action requested

Please write to the authorities in Azerbaijan urging them to:

1. Order a prompt, thorough and impartial investigation into the circumstances of the death of Ms. Faina Kungurova and arbitrary arrest in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
2. Guarantee adequate reparation to the victim’s family;
3. 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
• Permanent Mission of Azerbaijan, 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, 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, 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, 03 December 2007

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