Azerbaijan
03.05.02
Urgent Interventions

Azerbaijan: arbitrary arrests, detention and torture of members of the opposition

Case AZE 030502
Harassment/Arbitrary arrests and detention/Torture

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 the Human Rights Center of Azerbaijan (AIHMM), a member of the OMCT network, of a series of arbitrary arrests of members of the opposition, who have engaged in holding protests against the government, in Azerbaijan.

According to the information received, on April 21st, 2002, an attempt by the Musavat Party to hold a demonstration in the city of Sumgait, calling for the resignation of president Aliev, was prevented by the violent intervention of the police. 11 members of the party were arrested and were given different lengths of detention. That week, a member of the Musavat Party, Zahir Beydulla, was arrested for participating in a protest, and was reportedly subjected to torture during his detention at the police station. Following this incident, Mr. Beydulla had to undergo medical treatment. The perpetrators of these violations of human rights continue to enjoy impunity.

According to the information received, on April 22nd, 2002 two Azerbaijan Democratic Party (ADP) activists and former members of parliament – Ms. Zamina Dunyamaliyeva and Ms. Solmaz Alasgerova – were arrested by the police, who reportedly used force against them during these events. Both women were taken to the 18th Police Station of the Narimanov District Police Administration and charged with “hooliganism.” They were then transferred to the Narimanov district court where, in a closed trial that lasted several hours, judge Basirat Akhundova sentenced them to six days of administrative detention. The two women had been active participants in a demonstration in criticism of the government held on April 20th, 2002, in Baku, and it is thought that their arrest was linked to this event. The report emphasized that one woman who was a witness for the prosecution in the trial of Ms. Dunyamaliyeva and Ms. Alasgerova, had previously participated as a witness in a trial against another ADP activist similarly accused of “hooliganism”, in January, 2002. The report also drew attention to the fact that in a case of administrative arrest, the standard sentences are usually 1,3,5,10 or 15 days, however both women, who were potential speakers at a demonstration organised by the Movement of United Opposition calling for the resignation of president Aliev, that was to be held on April 27th, 2002, were sentenced to six days detention, timing their release to one day after the planned protest. On April 23rd, 2002, the two women reportedly began a hunger strike, which seriously affected their health, since both women suffer from diabetes.

According to reports, on April 24th, 2002, an Azerbaijan Democratic Party activist, Faina Kungurova, was arrested in her apartment by the Sabayil police. She was taken to the Sabayil district court where judge Alim Namazov sentenced her to 10 days in detention. The following day, the Chief of Sabayil District Police Directorate, Nazim Nagiyev, attempted to discredit Ms. Kungurova, by claiming on TV that she was not Jewish but Armenian, and stated that it was “unworthy to protect a human whose origin is related to the enemy nation.”

According to the information received, on April 24th, 2002, the police carried out several arrests in the capital and provinces in order to prevent the participation of people in the opposition demonstration that had been planned to take place on April 27th, 2002. On April 26th, 2002, at least two Movement of United Opposition activists were reportedly arrested, in Ganja.

According to reports, Mr. Eldaniz Namozov, a volunteer in the Human Rights Center of Azerbaijan was also arrested in Ganja. He was reportedly on his way to Mingechevir from Ganja, when his vehicle was stopped by the police. He was then taken to the Kapaz District Police Directorate and sentenced to five days in detention. Mr. Namazov had no access to a lawyer, and his relatives were not informed of the reasons for his detention. The report states that the local authorities ordered Mr. Namazov’s arrest. Although Mr. Namazov was in the past an activist of the Party of Popular Front of Azerbaijan, he is no longer involved in politics, but is actively involved in defending human rights, it is thought that his arrest is connected to his projected monitoring of the demonstration of April 27th, 2002.

The International Secretariat of OMCT, condemns the Azerbaijani authorities’ use of arbitrary arrests, detention, torture and harassment of members of the opposition and other persons involved in protests criticising the government, particularly in connection with the demonstration on April 27th, 2002, an d calls on the authorities to immediately cease these acts and permit oppositional groups to engage in their activities without further hindrance.

Action requested

Please write to the authorities in Azerbaijan urging them to:

i. 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;
ii. order that all persons arrested in connection to this affair, be released immediately 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;
iii. put an immediate end to the harassment of members of the opposition and all other persons who are engaged in protests;
iv. guarantee adequate reparation to the afore-mentioned persons and all of the protestors who have been injured by the authorities in relation with this case;
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

· Mr. Zakir Qaralov, Prosecutor General of Azerbaijan Republic, 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, May 3rd, 2002

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