Azerbaijan
25.09.02
Urgent Interventions
Azerbaijan: arbitrary arrest and torture of several more inhabitants of Nardaran
Case AZE 060602.4/060602.4.ESCR
Follow-up of case AZE 060602/060602.ESCR
Arbitrary detention/Death threats/Fair trial/Risk of torture/Torture
Geneva, September 25th, 2002
The International Secretariat of 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 Human Rights Center of Azerbaijan, a member of the OMCT network, that the Azerbaijani police have arbitrarily arrested six residents of Nardaran village on September 20th, 2002 an subsequently beaten them, in Azerbaijan.
According to the information received, on September 20th, 2002, at around 11 a.m., the chairman of the Association of the Baku and Villages (Baki ve Kendler Birliyi), Mr. Djebrayil Alizade, who is also one of the informal leaders of the protest movement in Nardaran, was arrested in Nardaran village, while in his car, near his home. He was arrested by more than 10 persons in plain clothes, who are thought to be police officers. The son of Djebrayil Alizade, Mr. Nadir Alizade, claims that during the arrest, one of the policemen put a pistol against the temple of Mr. Djebrayil Alizade's 5-year old grandson, Hasan Nadir oglu Alizade, and threatened that the child would be killed if Mr. Djebrayil Alizade started to move his car. After that they ordered Mr. Djebrayil Alizade to get out of the car and fired two times at air. Then, Mr. Djebrayil Alizade was forcibly put into another car and immediately transported to an unknown location, without the alleged policemen having informed Mr. Djebrayil Alizade or his family about the reasons for his arrest or where he was being taken, and without presenting any identification or a warrant for his arrest.
According to Mr. Djebrayil Alizade's lawyer, Aydin Nazarli, he was brutally beaten on the way to his place of detention. His face is covered in bruises and scratches, his left ribs are broken, and his inner organs are painful. He reportedly cannot bend his knees or lift his hands. Mr. Djebrayil Alizade was again beaten before the being brought to trial on September 22nd, 2002, where the judge decided to arrest him on charges under three articles of Criminal Code related to resisting arrest and participation in public disorders. The initial term of investigation permitted by judge is 3 months. Mr. Djebrayil Alizade’s lawyer applied to the Court of Appeal demanding to have the decision on his arrest abolished.
According to the information received, later on the same evening, the inhabitants of Nardaran learned from the law-enforcement agencies that Mr. Djebrayil Alizade was being detained in the isolation in the temporary detention facilities at the Ministry of Foreign Affairs' Department of Banditry and Terrorism. From the same sources it became known that Mr. Djebrayil Alizade is reportedly accused of participation in the events of June 03, 2002, when a clash between Nardaran residents with police resulted in the shooting and arrests of local inhabitants and the death of one person.
According to the information received, on September 21st, at around noon, five Nardaran residents, including members of Mr. Djebrayil Alizade's family, came to provide the detainee with some food. They were reportedly arrested by the policemen, and one of them, 55-year old Mr. Beylar Mahammad oglu Khudaverdiyev, was kicked by policemen, following which he had a heart attack and lost consciousness.
An hour later, the policemen released two of visitors, Mr. Khudaverdiyev and Mr. Amirahmed Qasimoglu Melikov. However, three more people, Mr. Nadir Djebrayil oglu Alizade, born in 1973; Mr. Novruzali Nurali oglu Alizade, born in 1962, and Mr. Farman Rahman oglu Djebrayilov - Mr. Djebrayil Alizade's son, nephew and cousin respectively - continue to be detained. It is still unknown whether they are being held following administrative arrests (e.g., for resistance against policemen), which would limit the period for which they will be detained to 15 days, or whether they were arrested on criminal charges. Informally, their relatives were informed that they are being detained as a result of administrative orders and will therefore be released, apart from Mr. F.Djebrayilov, who has reportedly been found guilty under separate charges as the result of eyewitness testimonies. The details of this remain to be confirmed. Furthermore, the persons who visited and examined Mr. Khudaverdiev on September 22nd reported that his body has visible bruises. Previously, on July 27, the Ministry of National Security reportedly issued a statement where it claimed that the Association of the Baku and Villages was participating in organising a "coup d'état".
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Djebrayil Alizade, Mr. Nadir Djebrayil oglu Alizade, Mr. Novruzali Nurali oglu Alizade, and Farman Rahman oglu Djebrayilov, who run a grave risk of being subjected to further beatings and torture. Our sources report that the authorities are known to use the detention and torture of family members of persons in order to force them to sign false statements, and OMCT fears that this may be the case in this instance. OMCT is also concerned about these reports of further arrests in Nardaran, having hoped that the situation was improving following the release of persons being detained in relation with the events of June 03, 2002, and calls on the authorities to release all persons being arbitrarily detained in connection with these events.
Brief reminder of the situation
According to the information received, on May 7th, 2002, a mass demonstration in which about one thousand residents participated, took place in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of the executive power in the village, Mr. Fazilet Mirzoyev. During the demonstration, a group of villagers reportedly went to Mirzoyev’s office to demand that he resign from his post. On May 15th, an investigation into these events began, since this action was considered as a criminal incident under the articles 221.2.2 (hooliganism), 233 (breaking of public order) and 315.1 (violence against the representatives of authorities). According to the report, on June 3rd, 2002, members of the police and of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arbitrarily arrested and shot various demonstrators who had participated in the May 7th demonstration, killing one and wounding several others, leading to further resentment on the part of the people of Nardaran. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency (for details and the list of names see AZE060602.3.060602.3.ESCR and previous urgent appeals).
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. put an immediate end to the persecution and harassment of the above-mentioned persons;
iv. guarantee adequate reparation to all injured people and the family of the person who was killed;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· H.E. Heydar Aliev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku 370066, Azerbaijan, Fax: +994 12 92 06 25, +994 12 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 92 06 82, +994 12 92 26 63 E-mail: prosec@azeri.com
Please also write to the embassies of Azerbaijan in your respective country.
Geneva, September 25th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of case AZE 060602/060602.ESCR
Arbitrary detention/Death threats/Fair trial/Risk of torture/Torture
Geneva, September 25th, 2002
The International Secretariat of 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 Human Rights Center of Azerbaijan, a member of the OMCT network, that the Azerbaijani police have arbitrarily arrested six residents of Nardaran village on September 20th, 2002 an subsequently beaten them, in Azerbaijan.
According to the information received, on September 20th, 2002, at around 11 a.m., the chairman of the Association of the Baku and Villages (Baki ve Kendler Birliyi), Mr. Djebrayil Alizade, who is also one of the informal leaders of the protest movement in Nardaran, was arrested in Nardaran village, while in his car, near his home. He was arrested by more than 10 persons in plain clothes, who are thought to be police officers. The son of Djebrayil Alizade, Mr. Nadir Alizade, claims that during the arrest, one of the policemen put a pistol against the temple of Mr. Djebrayil Alizade's 5-year old grandson, Hasan Nadir oglu Alizade, and threatened that the child would be killed if Mr. Djebrayil Alizade started to move his car. After that they ordered Mr. Djebrayil Alizade to get out of the car and fired two times at air. Then, Mr. Djebrayil Alizade was forcibly put into another car and immediately transported to an unknown location, without the alleged policemen having informed Mr. Djebrayil Alizade or his family about the reasons for his arrest or where he was being taken, and without presenting any identification or a warrant for his arrest.
According to Mr. Djebrayil Alizade's lawyer, Aydin Nazarli, he was brutally beaten on the way to his place of detention. His face is covered in bruises and scratches, his left ribs are broken, and his inner organs are painful. He reportedly cannot bend his knees or lift his hands. Mr. Djebrayil Alizade was again beaten before the being brought to trial on September 22nd, 2002, where the judge decided to arrest him on charges under three articles of Criminal Code related to resisting arrest and participation in public disorders. The initial term of investigation permitted by judge is 3 months. Mr. Djebrayil Alizade’s lawyer applied to the Court of Appeal demanding to have the decision on his arrest abolished.
According to the information received, later on the same evening, the inhabitants of Nardaran learned from the law-enforcement agencies that Mr. Djebrayil Alizade was being detained in the isolation in the temporary detention facilities at the Ministry of Foreign Affairs' Department of Banditry and Terrorism. From the same sources it became known that Mr. Djebrayil Alizade is reportedly accused of participation in the events of June 03, 2002, when a clash between Nardaran residents with police resulted in the shooting and arrests of local inhabitants and the death of one person.
According to the information received, on September 21st, at around noon, five Nardaran residents, including members of Mr. Djebrayil Alizade's family, came to provide the detainee with some food. They were reportedly arrested by the policemen, and one of them, 55-year old Mr. Beylar Mahammad oglu Khudaverdiyev, was kicked by policemen, following which he had a heart attack and lost consciousness.
An hour later, the policemen released two of visitors, Mr. Khudaverdiyev and Mr. Amirahmed Qasimoglu Melikov. However, three more people, Mr. Nadir Djebrayil oglu Alizade, born in 1973; Mr. Novruzali Nurali oglu Alizade, born in 1962, and Mr. Farman Rahman oglu Djebrayilov - Mr. Djebrayil Alizade's son, nephew and cousin respectively - continue to be detained. It is still unknown whether they are being held following administrative arrests (e.g., for resistance against policemen), which would limit the period for which they will be detained to 15 days, or whether they were arrested on criminal charges. Informally, their relatives were informed that they are being detained as a result of administrative orders and will therefore be released, apart from Mr. F.Djebrayilov, who has reportedly been found guilty under separate charges as the result of eyewitness testimonies. The details of this remain to be confirmed. Furthermore, the persons who visited and examined Mr. Khudaverdiev on September 22nd reported that his body has visible bruises. Previously, on July 27, the Ministry of National Security reportedly issued a statement where it claimed that the Association of the Baku and Villages was participating in organising a "coup d'état".
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Djebrayil Alizade, Mr. Nadir Djebrayil oglu Alizade, Mr. Novruzali Nurali oglu Alizade, and Farman Rahman oglu Djebrayilov, who run a grave risk of being subjected to further beatings and torture. Our sources report that the authorities are known to use the detention and torture of family members of persons in order to force them to sign false statements, and OMCT fears that this may be the case in this instance. OMCT is also concerned about these reports of further arrests in Nardaran, having hoped that the situation was improving following the release of persons being detained in relation with the events of June 03, 2002, and calls on the authorities to release all persons being arbitrarily detained in connection with these events.
Brief reminder of the situation
According to the information received, on May 7th, 2002, a mass demonstration in which about one thousand residents participated, took place in the village of Nardaran, calling for an improvement of the social and economic situation, and for the dismissal of the current representative of the executive power in the village, Mr. Fazilet Mirzoyev. During the demonstration, a group of villagers reportedly went to Mirzoyev’s office to demand that he resign from his post. On May 15th, an investigation into these events began, since this action was considered as a criminal incident under the articles 221.2.2 (hooliganism), 233 (breaking of public order) and 315.1 (violence against the representatives of authorities). According to the report, on June 3rd, 2002, members of the police and of the Ministry of Internal affairs (MIA), led by vice-chief of Baku City Police Yashar Aliyev, arbitrarily arrested and shot various demonstrators who had participated in the May 7th demonstration, killing one and wounding several others, leading to further resentment on the part of the people of Nardaran. The detainees are reportedly being held in conditions that constitute ill-treatment, with many of them requiring medical assistance as a matter of urgency (for details and the list of names see AZE060602.3.060602.3.ESCR and previous urgent appeals).
Action requested
Please write to the authorities in Azerbaijan urging them to:
i. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. put an immediate end to the persecution and harassment of the above-mentioned persons;
iv. guarantee adequate reparation to all injured people and the family of the person who was killed;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· H.E. Heydar Aliev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku 370066, Azerbaijan, Fax: +994 12 92 06 25, +994 12 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 92 06 82, +994 12 92 26 63 E-mail: prosec@azeri.com
Please also write to the embassies of Azerbaijan in your respective country.
Geneva, September 25th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.