Azerbaijan
29.10.02
Urgent Interventions

Azerbaijan: harassment of a member of an independent commission that is investigating alleged human rights violations in Nardaran

Case AZE 060602.6 / 060602.6.ESCR
Follow-up of Case AZE 060602 / 060602.ESCR
Threats and harassment / Impunity

Geneva, October 29th, 2002

The International Secretariat of OMCT has received new information regarding the following situation in Azerbaijan.

New information

The International Secretariat of OMCT has been informed by the Human Rights Center of Azerbaijan, a member of the OMCT network, of the harassment of a member of an independent commission that is investigating alleged human rights violations in Nardaran, Azerbaijan.

According to the information received, the authorities have threatened and harassed an independent medical expert, Dr. Ilqar Altay (Mammedov), who is a member of the Independent Inquiry Commission looking into the events in Nardaran settlement on June 3rd 2002, in which the police an civilians clashed resulting in the death of one and wounding of dozens of civilians.

According to the information received, Dr. Ilqar Altay's participation in the Commission has been vital in ascertaining the medical condition of the victims of the events on June 3rd, as most of them have reportedly refused to cooperate with the official investigation, or even attend police-controlled state hospitals, due to fears of reprisals by the authorities. The Commission's report has now been finished and is being edited and translated. On October 12th, 2002, members of the Commission including Dr. Ilqar Altay reportedly participated in a round-table discussion, which was broadcasted the ANS-TV station, which also included middle rank law enforcement officials, and he presented documents that contradicted the authorities' position on the Nardaran events. On October 17th, Dr. Ilqar Altay also participated in a press conference in Nardaran in which he once again contested the official position on these events. The authorities have been claiming that the people of Nardaran were the culprits of the events on June 3rd, 2002. They have claim that they only shot in the air, however documented evidence exists showing that the bullets were fired at body or head-height. The authorities reportedly claim that this is due to Nardarinian people shooting each other.

According to the information received, on October 22nd, 2002, Dr. Ilqar Altay was invited to the Prosecutor's Office and threatened by the director of the Investigation Department on Grave Crimes, M. Tahir Kazymov, who had also participated in the television discussion on ANS-TV, with "criminal persecution." He was reportedly notified that his actions in the Commission are punishable for hindering the official investigation according to Article 310 of the Criminal Code, which can result in sentences ranging from a fine to three years in prison. The persons in charge of the investigation in the Nardaran case, Seyfeddin Kerimov and inspector Mubariz Asadov, were also reportedly present during the meeting, which lasted one and a half hours.

The International Secretariat of OMCT is gravely concerned by the harassment to which Dr. Ilqar Altay is being subjected and fears that he may be arrested and detained in connection with his participation in the Independent Inquiry Commission. OMCT calls upon the authorities to immediately cease the use of threats and harassment and enable the Commission to freely publish its findings. OMCT considers that this is a vital step in bringing justice to the victims of the events of June 3rd, notably through awarding adequate reparation to the victims and bringing the perpetrators of these human rights violations to justice.

Brief reminder of the situation

According to the information received, on May 7th, 2002, a mass demonstration in which an estimated 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. Failet 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). 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.

Action requested:

Please write to the authorities in Azerbaijan urging them to:

i. put an immediate end to the persecution and harassment of Dr. Ilqar Altay;
ii. guarantee that the results of the independent investigation into the circumstances of these events are taken into account in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee adequate reparation to all persons who were injured during these events and the family of the person who was killed;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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, October 29th, 2002

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