Sentencing to five years in prison of Mr. Hilal Mammadov

AZE 002 / 0812 / OBS 069.3

Sentencing /

Arbitrarydetention

Azerbaijan

October 3,2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme of theWorld Organisation Against Torture (OMCT) and the International Federation forHuman Rights (FIDH), has received new information and requests your urgentintervention in the following situation in Azerbaijan.

New information:

TheObservatory has been informed by reliable sources about the sentencing to five years in prison of Mr. Hilal Mammadov,a minority rights defender andEditor-in-chief of the Tolishi-Sado (Voice of Talysh) newspaper[1]who has been detained since June 21, 2012.

According to the information received, onSeptember 27, 2013, Mr. Hilal Mammadov was sentenced to five yearsin prison in a semi-closed trial at the Baku Grave Crimes Court. He was convicted of "illegal sellingof drugs", "high treason" and "incitement to national,racial, social and religious hatred and hostility", under Articles 234.4.3,274 and 283 of the Criminal Code of Azerbaijanrespectively.

Asof October 2, 2013, Mr. HilalMammadov remained detained at the Baku Investigation Isolator.

TheObservatory firmly condemns the conviction of Mr. Hilal Mammadov, and considersit as another attempt to silence his efforts to report human rights violationsand defend minority rights in his country.

The Observatory therefore reiterates its calls on theAzerbaijani authorities to immediatelyand unconditionally drop all charges against Mr. Mammadov and release him, as such practices seem to merely aim at sanctioning his human rights activities.

Background information:

On June 21, 2012, Mr.Hilal Mammadov was arrested in relation to a criminal case opened against himby the Nasimi District Police under Article 234.4.3 of the Criminal CodeTheauthorities alleged having seized five grams of heroin from him and about 30grams at his place of residence. On June 22, 2012, the Nasimi District Courtsentenced Mr. Mammadov to three months of pre-trial detention.

On the same day, Mr.Mammadov met with his lawyer, who discovered and photographed injuries on hisleg, and subsequently lodged a complaint for torture.

On July 4, 2012, theaccusations of illegal possession of drugs were contradicted by a jointstatement of the Interior Ministry and ProsecutorGeneral of Azerbaijan, which stated that Mr. Mammadov was in reality arrestedon the basis of information about his supposed “cooperation with theintelligence agency of a foreign country”, “activities against the security andterritorial integrity of Azerbaijan”, as well as “incitement of national,racial and religious hatred”. According to the authors of the statement, Mr.Mammadov supposedly became an agent of foreign secret services 20 years ago.

On July 4, 2012, newtrumped-up charges were brought against Mr. Mammadov under Articles 274 and283.2.2 of the Criminal Code. The investigators confiscated as evidence anotebook computer as well as drives containing information. The criminal caselaunched against him by the Nasimi District Prosecutor’s Office was transferredto the Grave Crimes Investigation Department, under the General Prosecutor’sOffice.

OnJuly 31, 2012, the Nasimi District Court of Baku City denied the complaint thatMr. Mammadov had filed to denounce acts of torture and ill-treatment he had suffered.On August 29, 2012, the Nasimi District Courtfurther rejected the appeal that Mr. Mammadov's lawyers had filed against theJuly-31 decision. On August 27, 2012, the Deputy General Prosecutor refused aswell to open proceedings on the complaint lodged against the acts of tortureand ill-treatment Mr. Mammadov suffered during the first days of his detention.

Again, on November 8, 2012, the Sabail District Courtrejected a complaint filed by Mr. Mammadov and based on a forensic examination,denouncing the acts of torture and ill-treatment he suffered in the frameworkof his arrest. This decision was upheld by a higher tribunal on November 19,2012.

In September 2012, theBaku Appeals Court denied him provisional release.

Furthermore, on November 26, 28 and 29, 2012, Mr. Mammadov wasbeaten and injured by hismentally ill cell mate in a Kurdakhani prison. As his cell mate's behaviour wasaggressive, Mr. Mammadov's lawyers requested on several occasions before theattack to remove him from the cell, but their requests were all ignored. OnNovember 29, his cell mate was eventually transferred to the medical unit ofthe prison hospital for treatment.

On December 21, 2012, the criminal case file onMr. Mammadov was transferred to the Court on Grave Crimes for trial. During thefirst hearing, on January 9, 2013, Mr. Hilal Mammadov's lawyer submitted twomotions requesting the audio- and video-tape of the hearing, and that hisclient be allowed to sit outside of the court cage, together with his lawyer.However, both motions were rejected.

Action requested:

Please write to the authorities in Azerbaijan, urging them to:

i. Guaranteein all circumstances the physical and psychological integrity of Mr. HilalMammadov as well as of all human rights defenders in Azerbaijan;

ii. ReleaseMr. Hilal Mammadov immediately and unconditionally as his detention isarbitrary since it only aims at sanctioning his human rights activities;

iii. Orderan immediate, thorough, transparent investigation into the allegations oftorture and ill-treatment against Mr. Hilal Mammadov, in order to identify allthose responsible, bring them before an independent tribunal, and apply themthe sanctions provided by the law;

iv. Putan end to any kind of harassment - including at the judicial level - againstMr. Hilal Mammadov and more generally against all human rights defenders inAzerbaijan;

v. Conformwith the provisions of the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998, especially itsArticle 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection and realisationof human rights and fundamental freedoms at the national and internationallevels”, as well as its Article 12.2, which provides that the State shall “takeall necessary measures to ensure the protection by the competent authorities ofeveryone, individually and in association with others, against any violence,threats, retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimate exerciseof his or her rights”;

vi. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Azerbaijan.

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@pa.gov.az, office@apparat.gov.az

· Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku,Azerbaijan, Fax: (+994) 12 492 06 82, (+994) 12 492 26 63, E-mail: eldar_sultanov@prosecutor.gov.az

· Mr.Ramil Usubov, Minister of Internal Affairs of the Azerbaijani Republic, Fax: (+994)12 492 45 90

· Mr.Fikrat F. Mammadov, Minister of Justice in Azerbaijan, Inshaatchilar Prospekti, 1Baku, Azerbaijan, e-mail: minjus@azdata.net, contact@justice.gov.az; Fax (+994) 12 430 09 81

· Permanent Mission of Azerbaijan to the United Nations inGeneva, Route des Fayards 237,CH-1290 Versoix, Switzerland, E-mail: geneva@mission.mfa.gov.az Fax: (+41) 22 901 18 44

· Azerbaijani Embassy in Brussels,Avenue Moliere, 464, 1050 Brussels, Belgium, Fax: (+32) 2 345 91 85

Pleasealso write to the diplomatic missions or embassies of Azerbaijan in yourrespective country as well as to the EUdiplomatic missions or embassies in Azerbaijan.

***

Geneva-Paris, October 3, 2013

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, an OMCT and FIDH venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 143 55 18 80

[1] The Talyshpeople are an ethnic minority living in the south of Azerbaijan.