Azerbaijan
12.10.04
Urgent Interventions
Azerbaijan: Ilgar Ibragimoglu prevented from leaving the country
URGENT APPEAL – THE OBSERVATORY
AZE 003/1203/OBS 068.01
New Information
Restrictions on Freedom of Movement
Azerbaijan
12 October 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of OMCT and the FIDH, has received new information on the following situation in Azerbaijan in and requests your urgent intervention.
New information:
The Observatory has been informed by the Center for the Protection of Conscience and Religious Freedom (DEVAMM) that Mr. Ilgar Ibragimoglu – coordinator of DEVAMM and Secretary General of the International Religious Liberty Association (IRLA Azerbaijan) – was prevented from departing to the OSCE Human Dimension Implementation Meeting, which is taking place in Warsaw, Poland, from October 4 to 15, 2004.
According to the information received, after Mr. Ibragimoglu passed custom service and received the boarding ticket in the morning of October 6, 2004, the representatives of the boundary service did not allow him to proceed to boarding. They did so despite his objection concerning the illegality of their action in violation of his freedom of movement, which is fixed in the Constitution of Azerbaijan. On April 2, 2004, Mr. Ibrahimoglu was given a five-year suspended sentence after having been imprisoned for about four months for being arguably responsible for "troubles to public order" as he monitored the turbulent October elections (See background information). However, as noted by Mr. Ibrahimoglu, according to the law, even taking into account his illegal suspended sentence, the court decision did not contain any item limiting his departure from the country, and demanded only the notice of the appropriate bodies concerning a change of residence. Despite the fact that he did not need to inform concerning his departure to the conference, which does not consist of a change of residence, he informed in written form appropriate structures of the Ministry of Justice on October 5, 2004.
The Observatory recalls that the restriction on Mr. Ibrahimoglu's freedom of movement is a violation of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998, in particular of its article 5, which states that “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at national and international levels : (a) to meet or assemble peacefully (...) and (c) to communicate with non-governmental or intergovernmental organisations”.
It also violates article 6 of the UN Declaration, regarding the right “to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms” (...), “to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.
Background information:
The Observatory had been informed by the Human Rights Center of Azerbaijan (HRCA) of the arbitrary detention of Mr. Ilgar Ibragimoglu, on December 3, 2003. According to the information received, the Nasimi district Court of Baku city ordered to arrest Mr. Ibragimoglu for a period of three months. The court hearing was extremely quick and the lawyers were not considered. Mr. Ibragimoglu was accused of participating in troubles to public order and of resisting to the representatives of the authorities in the aftermath of the presidential elections, on October 16, 2003.
Being perfectly aware that Mr. Ibragimoglu – as a human rights activist together with the local and international observers – was then monitoring the post-election situation, the investigation authorities presented the fact of his physical presence on Azadlig Square as the ground for his being accused of participating in the “clashes”. Mr. Ibrahimoglu has allegedly been the subject of smear campaigns in the electronic and printed media which started to spread the false information that Mr. Ibragimoglu had taken part in these events.
On 2 April 2004, Mr. Ibrahimoglu was given a five years' suspended sentence for "participation in disturbing the public peace and resisting the authorities" in the electoral context. Mr. Ibragimoglu was then released from the courtroom.
The Observatory recalls that Mr. Ibrahimoglu had already been threatened of being arrested on 17th October and had to seek refuge in the Norwegian Embassy from 17th to 19th October (See Urgent appeal of the Observatory AZE 002/1003/ OBS 058). These threats seemed to be directly linked with the participation of DEVAMM in the work of the democratic coalition “Bizim Azerbaijan” a coalition of around 30 political parties and NGOS in support of the candidacy of Isa Qmbar, the Chairman of opposition Musavat Party.
Actions requested:
Please write to the Azerbaijani authorities and urge them to:
i. allow Mr. Baghi's participation in the OSCE Human Dimension Implementation Meeting;
ii. end all forms of harassment and restrictions on human rights defenders in Azerbaijan, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work, including through participation in international human rights events;
iii. conform with the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on 9th December 1998, in particular its article 1 which states that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level" as well as the above-mentioned article 5;
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Azerbaijan.
Addresses:
Paris – Geneva, 12 October 2004
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax: OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
AZE 003/1203/OBS 068.01
New Information
Restrictions on Freedom of Movement
Azerbaijan
12 October 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of OMCT and the FIDH, has received new information on the following situation in Azerbaijan in and requests your urgent intervention.
New information:
The Observatory has been informed by the Center for the Protection of Conscience and Religious Freedom (DEVAMM) that Mr. Ilgar Ibragimoglu – coordinator of DEVAMM and Secretary General of the International Religious Liberty Association (IRLA Azerbaijan) – was prevented from departing to the OSCE Human Dimension Implementation Meeting, which is taking place in Warsaw, Poland, from October 4 to 15, 2004.
According to the information received, after Mr. Ibragimoglu passed custom service and received the boarding ticket in the morning of October 6, 2004, the representatives of the boundary service did not allow him to proceed to boarding. They did so despite his objection concerning the illegality of their action in violation of his freedom of movement, which is fixed in the Constitution of Azerbaijan. On April 2, 2004, Mr. Ibrahimoglu was given a five-year suspended sentence after having been imprisoned for about four months for being arguably responsible for "troubles to public order" as he monitored the turbulent October elections (See background information). However, as noted by Mr. Ibrahimoglu, according to the law, even taking into account his illegal suspended sentence, the court decision did not contain any item limiting his departure from the country, and demanded only the notice of the appropriate bodies concerning a change of residence. Despite the fact that he did not need to inform concerning his departure to the conference, which does not consist of a change of residence, he informed in written form appropriate structures of the Ministry of Justice on October 5, 2004.
The Observatory recalls that the restriction on Mr. Ibrahimoglu's freedom of movement is a violation of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998, in particular of its article 5, which states that “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at national and international levels : (a) to meet or assemble peacefully (...) and (c) to communicate with non-governmental or intergovernmental organisations”.
It also violates article 6 of the UN Declaration, regarding the right “to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms” (...), “to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.
Background information:
The Observatory had been informed by the Human Rights Center of Azerbaijan (HRCA) of the arbitrary detention of Mr. Ilgar Ibragimoglu, on December 3, 2003. According to the information received, the Nasimi district Court of Baku city ordered to arrest Mr. Ibragimoglu for a period of three months. The court hearing was extremely quick and the lawyers were not considered. Mr. Ibragimoglu was accused of participating in troubles to public order and of resisting to the representatives of the authorities in the aftermath of the presidential elections, on October 16, 2003.
Being perfectly aware that Mr. Ibragimoglu – as a human rights activist together with the local and international observers – was then monitoring the post-election situation, the investigation authorities presented the fact of his physical presence on Azadlig Square as the ground for his being accused of participating in the “clashes”. Mr. Ibrahimoglu has allegedly been the subject of smear campaigns in the electronic and printed media which started to spread the false information that Mr. Ibragimoglu had taken part in these events.
On 2 April 2004, Mr. Ibrahimoglu was given a five years' suspended sentence for "participation in disturbing the public peace and resisting the authorities" in the electoral context. Mr. Ibragimoglu was then released from the courtroom.
The Observatory recalls that Mr. Ibrahimoglu had already been threatened of being arrested on 17th October and had to seek refuge in the Norwegian Embassy from 17th to 19th October (See Urgent appeal of the Observatory AZE 002/1003/ OBS 058). These threats seemed to be directly linked with the participation of DEVAMM in the work of the democratic coalition “Bizim Azerbaijan” a coalition of around 30 political parties and NGOS in support of the candidacy of Isa Qmbar, the Chairman of opposition Musavat Party.
Actions requested:
Please write to the Azerbaijani authorities and urge them to:
i. allow Mr. Baghi's participation in the OSCE Human Dimension Implementation Meeting;
ii. end all forms of harassment and restrictions on human rights defenders in Azerbaijan, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work, including through participation in international human rights events;
iii. conform with the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on 9th December 1998, in particular its article 1 which states that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level" as well as the above-mentioned article 5;
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Azerbaijan.
Addresses:
- President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku AZ1066, 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
- Minister of Internal Affairs of the Azerbaijani Republic, Lt.-Gen. Ramil Usubov, Fax: + 994 12 92 45 90
- S.E. l'Ambassadeur, Rue de Lausanne 67, CH-1202, Genève, Suisse, e-mail : az.mission.unog@iprolink.ch, fax: +4122 901 18 44
Paris – Geneva, 12 October 2004
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax: OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch