Arbitrary detention and fear for the safety of Mr.Adnan Hajizade and Mr. Emin Milli

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 and Antenna International, a member organisation of OMCT SOS-Torture Network, about the denial of medical assistance and the arbitrary detention of Mr. Adnan Hajizade, coordinator of OL Youth Organisation and well-known video-blogger and Mr. Emin Milli (Abdullayev), chairman of Alumni Network (AN) Youth Organisation and leader of ANTV Online TV, in Baku.

According to the information received, on 8 July 2009, at around 8 pm, two athletic type 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 both injured Mr. Adnan Hajizade and Mr. Emin Milli 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 in pre-trial detention.

OMCT is concerned for the safety of Mr. Adnan Hajizade and Mr. Emin Milli and urges the authorities of Azerbaijan to guarantee their physical and psychological integrity of at all times in accordance with international and regional human rights law, in particular the provisions of the European Convention on Human Rights, the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR).

OMCT is also concerned about the detention of Mr. Adnan Hajizade and Mr. Emin Milli which seems exclusively motivated by a wish to sanction them because of their activities. OMCT recalls to Azerbaijan that no one shall be subjected to arbitrary arrest or detention.

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. Guarantee unconditional access to their lawyers and their 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 of the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
4. 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 before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
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, 14 July 2009

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