Azerbaijan: New Information on Yeni Fikir: Mr. Ruslan Bashirli, Mr. Ramin Tagiyev and Mr. Said Nuri

Case AZE 250805.7 - Follow up to Cases AZE 250805 /.1 /.2 /.3 /.4 /.5 /.6

Ill-treatment and harassment / Arbitrary arrest and detention

Geneva, 12 April 2006

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

New Information

The International Secretariat of OMCT has been informed by the Human Rights Centre of Azerbaijan, a member of the OMCT network, that Judge Tofiq Pashayev forcibly appointed new lawyers to representMr. Ruslan Bashirli, chairman of the Youth Movement “Yeni Fikir” (New Idea), Mr. Ramin Tagiyev, vice-chairman of Yeni Fikir and to Mr. Said Nuri.

According to the information received, on 7 April 2006, Mr. Ruslan Bashirli, Mr. Ramin Tagiyev and Mr. Said Nuri protested against the closed character of their trial by refusing themselves lawyers, asserting that they do not consider their services useful if the process is not transparent. Following this, the judge forcibly appointed new lawyers, who are paid by the government, because the Code of Criminal Procedure of the Republic of Azerbaijan states that a defendant who is tried under Article 278 is obligated to have a defender. Moreover, as conviction under Article 278 can lead to life imprisonment, in such cases Azerbaijani legislation requires, since 1 September 2000, that the case is to be tried by a jury. However, for unknown reasons, the establishment of a jury is still pending. Therefore ordinary courts now give all the verdicts, including life-long sentences.

Furthermore, during the above-mentioned hearing on 7 April 2006, the defendants were removed from the court hall for disruption of order because they actively protested and ‘shouted various slogans’. Also, Mr. Said Nuri, who is placed under house arrest has been threatened to be arrested if he continues to inform the media about the content of the closed hearings.

The International Secretariat of OMCT has no further information on the hunger strike which Mr. Ruslan Bashirli and Mr. Ramin Tagiyev started on 2 April 2006.

The International Secretariat of OMCT is gravely concerned that the defendants’ right to a jury trial -provided for by the Azerbaijani Code of Criminal Procedure – has not been respected. This grave violation of their procedural rights calls into question the fairness of their trial.

The International Secretariat of OMCT also expresses its grave concern over the independence of the judiciary.

Brief reminder of the situation

According to the information received, Mr. Ruslan Bashirli was arrested on August 3, 2005, on charges of “plotting to overthrow the Azerbaijani leadership at the instigation of Armenian intelligence agents”, with whom he allegedly met in Tbilisi on July 28 and 29, 2005. A criminal case under clause 278 of the Criminal Code of the Republic of Azerbaijan (“actions directed to seizing or keeping the power by force”) was brought against him by the Prosecutor’s Office of the Republic of Azerbaijan. If found guilty, he could face life imprisonment. Moreover, he was accused of “illegal entrepreneurship” (Art.192 of the Criminal Code). According to the article, the running of a business (entrepreneurship) without registration of license is punished by fine, limitation of liberty up to 3 years, or imprisonment up to 5 years. However, this should not apply to a non-profit organisation. Furthermore, Mr. Ruslan Bashirli’s family has been subjected to harassment. Mr. Ruslan Bashirli’s father, Mr. Djalil Bashirli, was forced to leave his position as a schoolteacher. Moreover, his house, located in Zardob, was attacked by a mob that threw stones at his house. Mr. Ruslan Bashirli’s uncle, Mr. Fuzuli Qasimov, senior tax inspector in the region of Goychay, was dismissed on August 8, 2005. Mr. Ruslan Bashirli was allegedly tortured which resulted in the deterioration of his health. Therefore he was transferred to the medical unit of the Bayil Prison, Baku city. However, according to his lawyer, the conditions of the medical unit did not permit adequate medical treatment.

On 12 September 2005, police arrested Mr. Said Nuri. He was temporarily detained in confinement at the Narimanov District Police Administration, where he was reportedly accused of “preparation of a coup d’état and getting financial support from interested forces”. The “evidence” was his participation in a seminar in Poland organised by the Institute of European Democracy. On the day after his arrest, Mr. Nuri was hospitalised because of a poor health condition (talassemia, and problems with his internal organs) in the City Clinical Hospital No. 1 in Baku. On 14 September 2005, it was reported that Mr. Nuri had received necessary treatment and was released. However, the next day, he was rearrested on his way to work, although the Prosecutor’s Office stated that he was “invited” by the investigator. On 14 November 2005, Mr. Said Nuri was released from hospital where he had been since 15 September 2005, and was placed under house arrest. At that time, the charges against him had not been dropped.

On 16 September 2005, the Nasimi district court of Baku approved the preliminary arrest of Mr. Ramin Tagiyev. He was detained in Bayil Prison (Investigation Isolator #1 of the Ministry of Justice), on suspicion of preparing the forced seizure of power under the same case as Mr. Ruslan Bashirli’s. Mr. Bashirli’s lawyer would have reported that he was kept in a very cold cell in isolation.

The trials for Mr. Bashirli, Mr. Nuri and Mr. Tagiyev started on 31 March 2006 in the Court of Grave Crimes under chairmanship of judge Tofiq Pasheyev. Following the decision of this judge that the hearings would take place behind closed doors, Mr. Bashirli and Mr. Tagiyev started a hunger strike on 2 April 2006. The bill of accusations against the three men includes Articles 278, 192.2.1 and 192.2.2 Criminal Code of the Republic of Azerbaijan (attempt of illegal seizure of power and illegal entrepreneurship).

Action requested:

Please continue to write to the authorities in Azerbaijan urging them to:
i. Take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. Order the immediate release of Mr. Ruslan Bashirli, and Mr. Ramin Tagiyev in the absence of valid legal charges, and if such charges exist, ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
iii. Ensure that Mr. Said Nuri is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
iv. 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 and/or administrative sanctions as provided by law;
v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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
  
  
• S.E. l’AmbassadeurH.E. Ambassador, Mr. Elchin Amirbayov, Rue de Lausanne 67, CH-1202, Genève, Suisse, e-mail : az.mission.unog@iprolink.ch, fax: +4122 901 18 44
  
  
• Minister of Justice in Azerbaijan, Mr. Fikret Mamedov, Prospekt Stroitelej, 1 Baku Azerbaijan, e-mail: contact@justice.gov.az, Tel (99412) 430 01 16, Fax (99412) 430 09 81
  
  
• Azerbaijani Embassy in Brussels, Mr. Mamedov, Avenue Moliere, 464, 1050 Brussels, Belgium, Tel: +32 2 345 26 60, Fax: +32 2 345 91 85

Please also write to the embassy of Azerbaijan in your respective country.

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

Geneva, 12 April 2006.