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Human Rights Center of Azerbaijan
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150, Bashir
Safaroglu Str. (for mailing: P.O. Box 31), Baku 370000,
Azerbaijan Republic
Tel./fax 994-12-977026, e-mail: eldar@azeurotel.com;
http://members.tripod.de/hrca
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Elections and referenda
After the 5 November 2000 parliamentary elections, the Central
Election Commission (CEC) and the Constitutional Court annulled
the results in 11 constituencies where serious violations
were found, and ordered repeat elections only for the single-mandate
constituencies. In the second round on 7 January, polling
took place in a calm and orderly manner and, in contrast to
5 November, observers were generally able to conduct their
work unhindered. However, observers again noted a number of
irregularities, including some cases of ballot stuffing and
a flawed counting and tabulation process.
On November 16, there were held elections to the vacant deputy
places of Milli Mejlis [the parliament] at the 52nd Agjabedi
and 87th Tovuz election districts. Nine candidates were competing
for 2 deputy mandates at the elections. The major opposition
parties do not recognize the legitimacy of the current parliament
as formed by falsification and did not take part in the elections.
According to the information of the CEC, 65% of voters took
part in the elections. However, the local observers reported
that approximately 20-25% of voters have taken part in the
elections, and there was not turnout in Agjabedi. The District
Election Commissions announced the victory of Tahir Rzayev
and Ilqar Gilidjov who were supported by the government authorities.
The current "Law on the Non-Governmental Organizations (public
unions and foundations)" limited the participation of NGOs
at the monitoring of elections. The Article 2.4 prohibits
NGOs getting more than 30% of their financial support from
foreign organizations to monitor the election. The four NGOs
which could participate had applied to the CEC for approval
to monitor the by-elections but were not responded at all.
However, they recruited monitoers from the political parties
and journalists.
The opposition media reported on number of irregularities.
Mostly the following the violations of electoral law were
observed: cutting and piling of the ballets beforehand; voting
of one person instead of several people; stuffing piles of
ballets into the ballot-box; voting of one person several
times; the ballots given to the voters without any document.
The members of the commissions and the monitors who were from
opposition wanted to prevent it, but were pressured on and
had to leave the ballot stations; artificial exaggerating
of number of voted people at some of the stations; the interference
of the commission members in the voting process.
On November 20, the U.S. Embassy to Baku issued a press release
with regrets in connection to irregularities during the elections
in 52nd and 87th districts. The CEC Chairman Mazahir Panahov
commented that Embassy's assesment is "too strongly-worded
and does not neflect reality" and expressed his regret that
foreign Embassy did a statement without submission of its
claims to the CEC.
Freedom of expression and the media
Freedom of expression
Former naval Captain Djanmirza Mirzoyev, who has been subject
to repeated harassment in recent years for his efforts to
publicize corruption within the Azerbaijani Defense Ministry,
was sentenced on 5 November to eight years imprisonment on
charges of arranging the murder in 1993 of Rear Admiral Eduard
Huseynov. The court rejected all evidence presented by Mirzoyev
during the trial.
Freedom of the media
In 2001, there were adopted several legal acts concerning
mass media. In May, the President abolished the Ministry of
Press and Information. Instead it, there was decreed establishment
of National Council for Press, Television and Internet which
howevere has not been created in 2001.
In June 18, the President decreed transfer all media from
Cyrillic to Latin Alphabet. The newspaper Impuls which had
tried to continue to use old graphics, was pressed by administrative
means. On June 21, there was signed a decree "About increase
of state care on media" which provides the media some privileges.
Harassment of journalists
The Committee of Protection of Journalists Ruh recorded in
2001 at least 30 cases when the courts fined 21 newspaper.
The total sum of fines to be paid are 700 mln. manats or about
$150,000. The rights of journalists were violated about 120
times including 55 cases of physical abuses. However, nobody
of perpetrators was punished.
In 2001, the private firm on the distribution of press Qaya
was forcedly and illegally eliminated a halth of their news-stands.
Editors of Azerbaijani media outlets met on 13 November with
Baku Mayor Hadjibala Abutalibov and presidential administration
official Ali Hasanov to protest Abutalibov's systematic destruction
of newspaper kiosks belonging to the Qaya distribution network.
Qaya owner Khanhuseyn Aliyev said he believes the Azerbaijani
authorities want to eliminate any competition prior to privatizing
the state-owned periodicals distribution network. The news-stands
of Qaya were destroyed not only in capital but also in provinces.
There were recorded also cases of destroyment or removal of
kiosks of the press distribution firms "Seda", "Chapar" and
"Qasid".
The courts decided to close newspapers Bakinsky Boulevard,
Milletin Sesi, Femida, Etimad. The TV Company ABA was not
allowed to air. There were obstacles of functioning of regional
TV companies in Minqechevir, Quba and Balakan.
In 2001, there were arrested the editor-in-chief of Milletin
Sesi newspaper Shahbaz Khuduoglu, founder of newspaper Bakinsky
Boulevard Elmar Huseynov, vice-editor of Ulus newspaper Surkhay
Hadjiyev, founder of Ulus newspaper Yaqub Abbasov, director
of Printing House BPP Shahlar Mammedov. At the end of 2001,
all of them were released on pardon or amnesty. Also, the
police detained for short time about 15 journalists. Three
more journalists under trial, Faiq Zulfuqarov, Irada Huseynova,
Eynulla Fatullayev were forced to leave country because of
danger of imprisonment.
The editorial staffs of persecuted media together the journalist
organizations tried to organize the mass actions of protest.
There were the pickets for the freedom of media on January
24, January 31, September 12. Last one was dispersed by police.
On 15 November, the staff of the banned weeklies "Milletin
sesi" and "Bakinski bulvar", along with colleagues from other
banned newspapers, tried to conduct a picket. Policemen from
the Sabayil District Police Department dispersed the demonstration,
arresting and beating journalists. Editor in Chief of "Milletin
sesi" Shahbaz Khuduoglu; Elmar Husseynov, the founder of "Bakinski
bulvar"; and a third unidentified journalist were detained
for short time. Other journalists, including women, were also
violently assaulted. In December, three journalists of newspaper
"Yeni Musavat" hold hunger-strike demanding to find out the
unidentified persons who had beaten the journalist woman of
"Yeni Musavat" Shahnaz Metlebqizi.
After the visit of Azerbaijani journalists in Armenia and
Nagorno-Karabakh, the Minister of national security accused
them of "amorality". After that, some progovernmental and
independent media joint to the campaign against the journalist
peacemakers.
On December 26, the President Heydar Aliyev met the representatives
of mass media and journalist organizations who had informed
him about the problems of jourmalists. After that, the officials
get back their cases brought in courts against mass media.
Also, two Parliamentary commissions proposed to Parliament
the draft "About changes and additions of law About Mass Media"
which should remove the discriminatory provisions of the law
adopted in 1999.
Access to information
In 2001, the journalists faced the obstacles in covering
the formally open trials. E.g., on July 13, they were not
allowed in the court hall where was tried former Naval Captain
Djan-Mirza Mirzoyev. On November 11, the opposition journalists
were not permitted to cover a congress of the ruling Party
"New Azerbaijan" (YAP). The final congress resolution accused
the leading opposition newspapers Azadliq, Hurriyyet and Yeni
Musavat of anti-governmental activity. It created a significant
obstacle for journalists of these media to get information
in the state bodies.
Freedom of association
At the end 2001, there was registered 1,400 non-governmental
organizations. However, hundreds NGOs continued to experience
the problems with official registration by the Ministry of
Justice. So, the NGO association named as the NGO Forum included
320 member organizations, among them 135 applied for registration
but still are not registered.
There are practically full spectrum of NGOs. For example,
"Ecolex-Azerbaijan" is an environmentalist NGO established
in Autumn 1999. It submitted the necessary documents on October
16, 2000, but at the late 2001 still had not been registered.
In Spring 2001, the lawyers' association "Lawyers of 21st
Century" got seventh refusal of registration from the Ministry
of Justice. The Institute of Peace and Democracy established
in 1995 still is not registered, and so on.
Some Islamic NGOs including mainly branches of international
charity organizations were abolished their registration or
officially warned by Ministry of Justice for alleged violation
of Law About Freedom of Religion.
The Constitution Court abolished the registration of Association
of Transport Workers because of violations of legislation
by illegal control of documents of bus drivers.
There is no recorded obstacles of registration of political
parties. However, in 2001 some leading opposition parties
experienced the problems with renting of office premises.
The Party of National Independence of Azerbaijan (AMIP) was
forcedly removed from the building, and Musavat Party was
warned about necessity to leave its office located in the
Baku city center. Both parties occupied these premises since
1993. In the same period, the ruling Party "New Azerbaijan"
(YAP) got second office in Baku center.
The general phenomenon is the anti-opposition hate speeches
in Parliament. For example, on October 19, the Vice-Chairman
of ruling "New Azerbaijan"Party (YAP), MP Siyavush Novruzov
addressed to the opposition the words: "Your way is to the
Bayil Prison". The threaten was a response for opposition
claim that YAP violates the law and establish the Party organizations
in the state institutions, forcedly recruit the members among
state employees and deprive the opposition its headquarters
in city center.
Peaceful assembly
Generally, the applications for mass actions in the Baku
city center were rejected by the head of the City Executive
Power while the meetings in the less crowded plaza afront
the Qelebe movie theater were sometimes approved.
The attempts of unallowed street rallies, meetings and pickets
were dispersed by police. Often, there were recorded the police
abuses including use of violence against journalists and women.
One of the mass actions, the non-stop meeting of Karabakhi
war invalids in January-February to support hunger-strike
of the activists of their officially registered association
had resulted in arrests of war veterans. In July, eight of
them were sentenced for 1 to 6 years of imprisonment, 6 more
got suspended sentences. In August-September, the imprisoned
invalids were liberated from detention by pardon (6) and decision
of Court of Appeal (2).
In 2001, there were arrests and trials of several other groups
of social protesters. Nabiyev Qulu Mahammadiya oglu was arrested
in January 2001 in Agdash region for participation of protest
action against a lack of electricity and sentenced for 1.5-years
imprisonment. In March 2001, four members of opposition Party
Musavat were sentenced for participation of protest rally
in Djalilabad region. Until of end 2001, three of them were
liberated because of end of their terms. In July, the trial
of so named "Sheki Case" on the protest action of November
2000 resulted in clashes of crowd and police ended with imprisonment
of 18 and suspended sentences of 9 more defendants.
There were other prohibited mass events in 2001. For example,
on 15 November, the staff of the banned weeklies "Milletin
sesi" and "Bakinski bulvar", along with colleagues from other
banned newspapers, tried to conduct a picket in front of the
monument to the founder of Azerbaijani print media, Hasan-bey
Zerdabi. Policemen from the Sabayil District Police Department
dispersed the demonstration, arresting and beating journalists.
Editor in Chief of "Milletin sesi" Shahbaz Khuduoglu; Elmar
Husseynov, the founder of "Bakinski bulvar"; and a third unidentified
journalist were arrested. Their arrest was followed by a violent
attack by the police. Khuduoglu was attacked by at least 10
policemen, while several militia attacked Husseynov. Other
journalists, including women, were also violently assaulted.
Another unallowed street rally of Journalists has happened
on December 12 in Baku city. Journalists of the major opposition
dailies "Yeni Musavat", "Azadliq" and "Hurriyyet" went to
stage a protest in front of the ruling Yeni Azerbaijan Party
(YAP). The demonstration was organized to protest the calls
by the party leadership to destroy independent and opposition
newspapers completely. The demonstration was dispersed by
violent police action and some twenty journalists were beaten
and three arrested. The three arrested were: "Yeni Musavat"
editor-in-chief Rauf Arifoglu, the daily newspaper "Express"'s
correspondent, Elman Maliyev, and JuHI chairman Azer H. Hasret.
Some journalists were injured including Ramiz Najafli of "Azadliq",
who was later taken to an emergency hospital with a cerebral
concussion. Arrested journalists were released after intervention
of Member of Parliament Iqbal Agazade.
The judicial system
On December 25, Azerbaijan Parliament ratified the European
Convention on Human Rights signed on January 25 2001. According
to the Convention and protocols, the Azerbaijani citizens
will have a right to appeal to the European Court on Human
Rights.
Independence of the judiciary
The Prosecutor General Zakir Qaralov stated on October 1
during the expanded session of Collegium of Prosecutor's Office
of Azerbaijan Republic that change of legislation resulted
in establishment of new Directorate on Support of State Accusation,
elimination of Directorates of Control over Legality of Judgements
on criminal cases and on civil cases. To create the transparency
of work of Prosecutor's Office, there was established a new
Division on Public Relations.
Fair trial and detainees' rights
In February 2001, the Secretary General of PACE appointed
three independent experts ("Trechsel Group") to learn is there
any political prisoners in Azerbaijan and Armenia. The expert
group submitted, on a confidential basis, their opinion to
the Committee of Ministers' monitoring group GT-SUIVI.AGO.
After that, the Secretary General requested the Azerbaijani
authorities to liberate the political prisoners. After the
negative reaction, the report was published on October 24.
In report, the experts considered that in Azerbaijan are
political prisoners and proposed the elaborated criteria:
"A person deprived of his or her personal liberty is to be
regarded as a "political prisoner" :
- if the detention has been imposed in violation of one
of the fundamental guarantees set out in the European Convention
on Human Rights and its Protocols (ECHR), in particular
freedom of thought, conscience and religion, freedom of
expression and information, freedom of assembly and association;
- if the detention has been imposed for purely political
reasons without connection to any offence;
- if, for political motives, the length of the detention
or its conditions are clearly out of proportion to the offence
the person has been found guilty of or is suspected of;
- if, for political motives, he or she is detained in a
discriminatory manner as compared to other persons; or,
- if the detention is the result of proceedings which were
clearly unfair and this appears to be connected with political
motives of the authorities.
The allegation that a person is a "political prisoner" must
be supported by prima facie evidence; it is then for the detaining
State to prove that the detention is in full conformity with
requirements of the ECHR as interpreted by the European Court
of Human Rights in so far as the merits are concerned, that
the requirements of proportionality and non-discrimination
have been respected and that the deprivation of liberty is
the result of fair proceedings."
Whle the authorities deny the existence of political prisoners
in Azerbaijan, there were pardoned those political prisoners
who wrote the penitential appeals to the President. In August
17, there were liberated 36 political prisoners, in October
17 - 3 people, in December 29 - 29 people.
According to the information of Human Rights Center of Azerbaijan,
there are about 670 political prisoners including at least
54 people arrested in 2001.
Torture, ill-treatment and misconduct by law enforcement
officials
On December 21, Azerbaijan Republic signed the European Convention
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment, as well as its 1 and 2 Protocols.
The wide public resonance created the case of Ilqar Djavadov,
a 28-year-old engineer who was arrested on 13 May 2001 in
the presence of his wife and of a friend after he was unable
to produce his identity documents. He was taken to the 9th
Sabayil District Police Station, where, he was reportedly
beaten by police. The officers further sought to extract a
bribe from his wife in return for his release. Mr. Djavadov
died in police custody, suffering numerous broken bones. It
is claimed by the Chief of the 9th police station that these
injuries were the result of an attempt to escape by jumping
from a second floor window. The investigation of criminal
case was started by the Office of the Prosecutor General against
three policemen who arrested Djavadov, however, soon they
were accused of abuse of duty and liberated from the arrest.
In September 2001, the trial began on the case of death of
trade unionist Djamal Aliyev in police custody in 1994. The
person had been tortured and died, however, the police and
district prosecutor falsified the real causes of death and
tried to cover the crime. Only in 1997, when the relatives
had met the delegation of Council of Europe and demonstrated
the colored pictures of the corpse, under the external pressure,
the investigation started. Finally, in May 1998, 4 policemen
were punished for beating a detainee. They were accused of
art.102 of Crime Code "premeditated grave injury", art.167
"abuse of power", art.168 "exceeding a power", art.172 "duty
forgery", art.177 "forcing a witness". Last torturer, former
chief of 17th police office of Narimanov district, Baku city
Suleyman Agayev was recently arrested in Russia and extradited.
This case provocated the strong criticism of President in
2000, and some visible change of structure and personnel of
Prosecutors' Office. According to the report of Prosecutor
General Zakir Qaralov stated on October 1 during the expanded
session of Collegium of Prosecutor's Office of Azerbaijan
Republic, in the nearest past there were the cases of "severe
violation of rule of law even in the cases under personal
control of President". The cleansing the personnel resulted
in change of more than 70% of prosecutors, in particular,
there were change all chief and vice-chiefs of directorates
and divisions of Prosecutor's Office. There were punished
in disciplinary order more than 200 officers including more
than 70 senior ones, 86 people were dismissed from position,
and 61 person were discharged from Prosecutor's Office as
"unable to work in Prosecutor's office because of their moral
and professional characteristics".
In 2001, the Amnesty International campaigned on three cases
of alleged torture of Azeri citizens in police stations.
On May 2001, President signed the Law About Extradition which
article 3.2.2 prohibits the extradition from Azerbaijan if
in the result the extradited person can be subjected torture
or ill-treatment
Conditions in prisons and detention facilities
In 2001, the protection team of the Baku delegation of the
International Committee of the Red Cross had visited the numerous
detention facilities including the SIZO (investigation isolator)
supervised by the Ministry of Justice and the Ministry of
National Security, Central Penitentiary Hospital and Colonies
(post-trial prisons) under the responsibility of the Ministry
of Justice, several IVS (isolator for temporary detention)
of the Ministry of Interior. The visits were conducted in
accordance with the ICRC's standard working procedures. They
include private interviews with detainees and discussions
of problems raised by the detainees with the authorities.
In the framework of the tuberculosis control project inside
the penitentiary system conducted by the Ministry of Justice
with the assistance of the ICRC, 570 detainees are presently
under DOTS (Directly Observed Treatment Short Course) treatment
in colony #3. The system of drug control was modified by the
ICRC. Modifications will allow to provide patients, who otherwise
would have to interrupt their treatment due to liberation
from the hospital, with TB medicines for up to 2 months of
treatment continuation. Thus, these patients will get an additional
opportunity to complete their TB treatment course.
In September, three non-governmental organizations, the Initiative
Group of Amnesty International in Azerbaijan, the Human Rights
Center of Azerbaijan (HRCA) and the Center of Development
Programs "El" signed the joint protocols on co-operation with
the Main Directorate for Implementation of Judgements of Ministry
of Justice. The agreements related to the prison visits targetted
for direct feedback, human rights education of prisoners and
prison personnel, assistance for libraries, social rehabilitation
of liberated prisoners. For example, the report of HRCA observers
on September visit of SIZO in Ganja city resulted in removal
the grilles from the windows, change of scheme of lightening
of cells, improvement of library service.
There was about 18,000 prisoners including about 3,000 in
preliminary detention prisons (SIZO). As generally, the main
way to decrease a prison population were amnesties and pardons.
The amnesty of February 1 regarded 8,516 people including
2,429 people in prisons, 4,703 defendants, 996 people under
investigation, the unserved rests of sentences of 320 people
were reduced, 68 people were liberated from disciplinary punishment.
Besides, on August to December were pardoned 174 people including
121 persons liberated from detention. There were liberated
on pardon at least 68 alleged political prisoners.
On June 19, the President decreed an establishment of new
President's Commission of Pardon Affairs. Among its 19 members
are the officials, clerical, members of Parliament, intellectuals,
trade unionist, journalist as well as two activists of non-governmental
organizations.
Right to privacy
On September 3, the President decreed "The Rules of preliminary
checking of possibility of work for state service a person
accepted for state service in the organs of executive power".
According to the Rules, the candidate is checked by the control
organ of the state service. After the documents for job competition
were accepted, this organ sends the requests to the court
and Ministry of Public Health to check existence of judgement
about his/her capability; to the Ministry of Internal Affairs
to check if he/she is deprived by court decision a right to
take the state position during certain period or has been
sentenced; to the appropriate state institutions to check
the close family relation with his/her immediate superior;
to the Spiritual Administration of Caucasus Moslem and to
the State Committee of Work with Religious Structures to check
if he/she is a clergyman. The checking of information is to
be finished in 5 days. There is especially mentioned that
details of private (family) life should not be checked.
The law "About Psychiatric Assistance", signed in June 12
includes some provisions on getting information about mental
health of the person. According to the law, the psychiatrists
should use the secret information about mental patient only
for the professional needs.
Freedom of religion
On June 21, the President decreed establishment of the State
Committee on the Work with Religious Structures. It replaced
the old Directorate for Religious Affairs of the Ministers'
Cabinet.
According to the Regulations of the State Committee, it is
responsible for creating the conditions ensuring the freedom
of conscience, control over implementation of the legislation
in this area, is in charge for registration of the religious
organizations, and is to organize pilgrimage to foreign countries.
Besides, the Committee is entitled to speak on behalf of the
state in considering disputes connected with the religious
organizations, and to bring corresponding issues before the
authorized state bodies.
The new institution is also granted authorities to implement
control over publication of religious literature, import and
distribution of religious attributes, examine religious schools.
The Committee also has the right to bring the cases before
the court, asking to terminate activities of the religious
organizations in the cases of violations of legislation, inciting
religious discord, and religious-political subversive activity
against national security. The institution is also commissioned
to collect and forward to law enforcement bodies the information
and materials about religious propaganda conducted by foreigners
and stateless persons.
Rafiq Aliyev said that of the total estimated 2,000 religious
organizations in Azerbaijan, only 410 are formally registered.
Those that have not yet undergone registration will be asked
to do so beginning in October 2001, a process that Aliyev
estimated will take some six or seven months. All mosques
must be subordinated to the Baku-based Spiritual Administration
of Muslims of the Caucasus. Aliyev added that the number of
foreign pastors granted permission to engage in proselytizing
in Azerbaijan will be limited, and restrictions will be imposed
on the length of time they may stay in the country. He also
said that the legal ban on allowing "foreign nationals" to
work as teachers in Azerbaijani medreses (Islamic institutes
of higher learning) will be strictly enforced, noting that
90 percent of those medreses are not registered with the state.
The textbooks and other teaching materials used at those medreses
will likewise be vetted for suitability.
In addition, the committee will monitor the import of religious
literature and may impose specific quotas for individual religious
groups in order to ensure that the number of religious texts
a religious community imports is commensurate with its current
members' needs. If a community of 500 people seeks to import
5,000 copies of a religious text, Aliev said, this suggests
they intend to engage in "propaganda."
According to the observers, there are at least three currents
of religious activity that could be construed as posing a
potential threat. The first of these is proselytizing by Shiite
religious emissaries from Iran. The second is "wahhabism,"
which in the Azerbaijani as in the Russian context appears
to be a shorthand term for any brand of Islamic extremism
originating in the North Caucasus that the state leadership
cannot control. And the third are the various Christian and
other sects whose missionaries are currently active in Azerbaijan.
Speaking at a seminar in Baku in early May, Azerbaijan's
Deputy National Security Minister Tofiq Babayev claimed that
a number of religious organizations sponsored by Iran or Arab
countries are engaged in inciting domestic political conflicts
with the ultimate aim of seizing power in Azerbaijan. Babayev
estimated the number of Azerbaijani converts to wahhabism
at some 7,000, noting that wahhabi missionaries seek above
all to recruit representatives of ethnic minorities and persons
of mixed parentage. Northern Azerbaijan and the Abu-Bekr,
Shahidler, and Blue mosques in Baku were identified as the
main strongholds of wahhabism. The Iranian Embassy in Baku
promptly rejected Babayev's claims as "unfounded" and "irresponsible."
In late December, the state prosecutor at the trial of 12
alleged Azeri "wahhabi" mercenaries demanded to prohibit the
activity of the Abu-Bekr mosque where the defendants reportedly
gathered.
In the same period, the State Committee brought case to the
Narimanov district court demanding closure of the Baptist
sect "Temple of Love" which allegedly violates the Law about
Freedom of Religion as well as insults Islam. The lawsuit
have to be tried in January.
The Adventist relief organisation ADRA has been criticised
by the National Security minister Namiq Abbasov for allegedly
conducting "religious propaganda" while being registered as
a charitable organisation (charges ADRA vigorously denies)
and officially warned by the justice ministry. "We have no
complaint against them," Rafiq Aliyev told Keston.
The Ministry of Justice in December 2001 abolished registration
of some Islamic charity organization which "abusing the established
conditions under cover of provision of the humanitarian aid
dealt with sabotage." There were mentioned the branch of International
charity "Chaghyrysh" (Appeal), Baku Association of Islamic
Revival, Society of Help to Alone Mothers and Children and
Islamic Charitable Society, Azerbaijani branch of Society
"Revival of Islamic Heritage". There were officially warned
Youth Association "Ikmal" and Adventist organization ADRA.
Freedom of movement
In December, the Parliament amended the Code of Administrative
Offences by new article 307-1 "Vagrancy". According to the
amendment, the vagrant is a person without a certain place
of residence, sources of living, job, who deals with begging
and small theft. The punishment for vagrancy is an official
warning or administrative detention up to 10 days for Azerbaijan
citizens. The foreigners and apatrids have to be fined in
amount of $23-$28 and deported from Azerbaijan.
Protection of minorities
Ethnic Azeris constitute 91,6% of the population of Azerbaijan,
and national minorities - 8,4%. These figures were mentioned
by the State adviser on ethnic policy Hidayat Orudjov . Twelf
years before, the etnic minorities constituted about 30% of
population.
According to a 1989 census, there were 392,300 ethnic Russians
living in Azerbaijan, or 5.3 percent of the republic's population.
The latest census shows that over the past 10 years the number
of Russians in Azerbaijan has fallen to 141,700 (a 2.8 times
reduction), or 1.8 percent of the population.
On December 21, Permanent representative of Azerbaijan in
the Council of Europe Aqshin Mehdiyev signed the European
Charter for Regional or Minority Languages.
Citizenship
On September 10, the first 300 ID cards of Azerbaijani citizens
were distributed in Baku city. They must replace the old Soviet
"internal passports" and "forms #9" giving to citizens last
years because of absent of the old Soviet passport forms.
Among the 13 Mln. blanc form 10 Mln. will be given to adults,
and 3 mln. to minors. The Law about IDs was adopted in 1994.
Since December 1, there is prohibited to obtain the foreign
passport without new plastic ID of citizen.
In this connection, there appeared a problem of getting ID
and passports by homeless people, former prisoners and former
soldiers who lost their passport registration (propiska) as
a result of more than 6-months absense in the state-owned
flats.
Intolerance, xenophobia, racial discrimination and hate
speech
The continuing "frozen" Karabakhi conflict with Armenia is
a main background of the xenophobic statements in 2001. Some
governmental officials considered the human rights and opposition
activism as work for Armenians, and appealed for discrimination
on the ethnic and religious origin.
Very characteristic one is a public statement of the Permanent
Representative of Azerbaijan to the UNO-Geneva Isfandiyar
Vahabzade sent to the Chairman of Parliament: "I can firmly
state that our diplomats whose mothers are Armenians, Russian
or Jewish (I even do not talk about smaller minorities populated
the Republic) cannot adequately serve abroad Azerbaijan."
The new wafe of the enmity had been provocated by visit of
the group of Armenian non-governmental and opposition activists
in early September. It was 19th visit of Armenian delegations
in 2001, but the first one from the conflicting Nagorno-Karabakh
region. The member of Parliament Mirmahmud Fattayev publicly
appealed for the physical reprisal of delegation. There were
some threatens by the groups of war veterans and ethnic Azeri
displaced from Nagorno-Karabakh, and alive discussion about
necessity of people's diplomacy.
Protection of refugees and immigrants
In the circumstaces of lack of progress of official negotiations
on Nagorno-Karabakh, about 600,000 internally displaced persons,
ethnic Azeris and Kurds still are awaiting for return in this
region and surrounding area since 1992-1993 occupied by Armenian
armed forces.
Among about 230,000 refugees, majority also are ethnic Azeris
displaced from Armenia in 1988-1991. Some 40-50 thousands
of refugees are the Meskhetian Turks deported from Georgia
in 1944 which took obligation to repatriate them during 12
years.
Some part of immigrants are at least 2,000 Afghanis and up
to 9,000 Chechens who had escaped from the persecutions on
ethnic or political ground but still have no official status
of refugee.
The UNHCR had registered more than 2,000 families from Chechnya,
and more than 1,000 families got the standard letter that
UNHCR asks the Azerbaijani authorities to provide the persons
in question by temporary asylum, more concretely not to deport
them from the country. However, absence of official status
of refugee according to the UN Convention 1951 deprives the
majority of Chechen asylumseekers any kinds of humanitarian
assistance excluding ambulatory medical assistance for 2,473
people, stationary treatment of some 30 persons monthly, and
post-traumatic consultations and psychological rehabilitation
for some 50 people totally. Only 400 of 2,000 registered Chechen
families are getting the monthly financial allowance from
the UNHCR.
Before the "anti-terrorist war" in Afganistan, the issue
of Afghani immigrants was not politically sensitive for Azerbaijan.
They were 80% non-Azerbaijan people who got the refugee status
in Azerbaijan. Iranians took second place with 10%, Iraqi
citizens - 5%, and chechwens and all others were 5%. Now,
there began the arrests of Afghanis who had illegally crossed
the Azerbaijan border. Some of them would like to live in
Azerbaijan, anothers try to get in Russia. They are arrested
as illegal migrants even despite of submission the UNHCR letters
confirming their right for asylum.
Death penalty
On May 15, 2001 the president signed the Law "About Extradition"
which article 3.2.1 prohibits an extradition if it can resulted
of death penalty. The person can be extradited only if receiving
country would guarranty that if the death penalty would be
passed, it would not be executed. In the cases under article
3.2.1, the foreign country can ask Azerbaijani authorities
to punish this person on the legislation of Azerbaijani Republic.
In 2001, Azerbaijan extradited at least two unnamed persons
believed to be involved in terrorist activities in Egypt and
three persons on similar grounds in Saudi Arabia. There is
uncertain did the mentioned countries guarranty that they
would not be sentenced for death and executed or not.
In January 5, last former people in death row were transferred
from the former 5th "death wing" of Bayil prison to the more
confortable celles of Qobustan prison.
International humanitarian law
In March, the President renewed the State Commission on Prisoners
of War, Missed in Operations and Hostages. The Committee's
Chairman is a Minister of National Security Namiq Abbasov.
The new Commission contents not only officials as previous
one, but also politicians, activists of non-governmental organizations
and journalists. Besides the traditional functions to search
the missed in operations, to liberate the prisoners of war
and hostages and to deal with social rehabilitation of repatriated
prisoners, the Commission finds out and propagates the documents
about the ethnic cleansings and genocide of Azeris by Armenia.
At the first session of new Commission, the Chairman stated
about 7,227 Azeris allegedly imprisoned in Armenia.
Along the entire year, there were reports on taking of prisoners
of war and hostages at the front-line. For example, the Azeri
citizen Barhudar Rustamov had been taken prisoner by the Armenians
in September while being on the works in Georgia. However,
the government often avoided to report such cases.
The International Committee of Red Cross informed about some
repatriations under the auspices of ICRC. For example, on
26 February 2001, two Azerbaijani nationals, a soldier and
a civilian, who were detained in Erevan have been released
by the Armenian authorities and repatriated to Baku. On 12
September, 2001, ICRC has assisted in the repatriation of
two Azerbaijani nationals, a military serviceman and a civilian,
from Armenia to Azerbaijan. On November 3rd, there were repatriated
of three Azeris, all civilians, from Armenia to Azerbaijan,
and of one Armenian military serviceman from Azerbaijan to
Armenia. Before their departure, these two persons have confirmed
to the ICRC delegates their willingness to be repatriated
to the Republic of Azerbaijan. In December 11, the corps of
Karabakhi Armenian paramilitary Arcady Ayriyan died in detention
in Baku in 1994 were handed over to Armenian side.
Members of the International search group for prisoners of
war, missed in operations and hostages including independent
experts from Germany, Russia, Georgia, Azerbaijan and Nagorno
Karabakh region visited Baku on October 9 to 11. They discussed
improvements in the search for missed persons as well as possible
research for and adoption of new methods and forms of further
co-operation. However, already agreed initiative of multilateral
meeting in Germany to facilitate the direct dialogue of conflict
sides was rejected by Azerbaijan Commission.
On November 14, the trial began in Baku on the case of 13
Azeri citizens who were arrested for alleged participation
in war operations of Chechen modjaheds in Chechnya and Abkhazia.
They were accused of being "mercenary"on the Articles 29,114.3
which was used first time since it had been included into
the Crime Code as well as on Article 279.1 (Participation
of illegal armed group).
The promised Law About Alternative Service has been not adopted
by Parliament until end of 2001. Instead that, the Parliament
approved on 25 December a proposal by President Heydar Aliyev
to raise from 27 to 35 the age until which men are eligible
for military service. It also restricted the category of persons
eligible for deferment of their military service.
Women's Rights
The police practicized a disclosure in mass media of names
of female prostitutes and women suffering by veneral illnesses.
Since late 2000, the prostitution is punishable. In December,
the Parliament amended the Code of Administrative Offences
and decreased the maximal fine for prostitution to $46 instead
$57.
Rights of the handicapped and mentally ill
In December, the privileges of the vulnerable strata of population
were abolished. However, the medical treatment of Karabahi
war invalids and families of shehids (murdered for Motherland)
in the state hospitals and clinics still will be free of charge.
On June 12, the President signed the law "About Psychiatric
Assistance". It declared the voluntary character of psychiatric
assistance excluding the forced medical treatment on sentence
of judge and in the cases when person is dangerous for himself/herself
and/or for neighbours, if the patient is unable to provide
his/her vital needs, or if lack of treatment would worsen
the patient's health. The restriction of patient's freedom
is possible only in the cases described in legislation.
The patient has the following rights: right for respect of
dignity, right for information about the rights, illness and
medical treatment, right for free assistance in state public
health institutions, right of ree choice of doctor and institution,
right for legal consultant, right not to be an object of experiments
and any kinds of tapes. There is guarranted a confidentiality
of personal file of mental patient.
Rights of homosexuals
Despite since September 1, 2000 the consentual homosexual
acts between male adults were decriminalized, there are some
episodic news about police abuses against gays, mainly the
male prostitutes. In any cases, the victims avoided to disclose
their real names what is an indicator of seriousity of police
pressure at them.
For example, on May 8, the NGO "Clean World" recorded an
arrest of some gays with women's knicknames Liza, Emma and
Nigyar by policemen of 9th police office of Sabayil District
Police Administration. The prostitutes were provocated by
police agents to leave the homes and disappeared. Their relatives
were misinformed about their liberation, while the gays were
transferred in the Baku City Main Police Administration and
then served the administrative arrest for alleged small offence.
Human rights defenders
During entire 2001, the human rights defenders campaigning
for the benefit of political prisoners faced the enmity of
high officials accusing the defenders of harming of positive
country image, of working for foreign intelligences, etc.
This tension became especially strong after publication of
report of the expert group of Council of Europe with conclusion
that there are political prisoners in the country, and decision
of Parliamentary Assembly to discuss this matter at its January
session. Especial deffamation faced the Human Rights Center
of Azerbaijan which list of 700 alleged political prisoners
was used by experts as well as the Institute of Peace and
Democracy submitted to alternative list of about 260 persons.
In October, a director of the Human Rights Resource Center
Mehdi Mehdiyev had been deported from Nakhchivan, and his
audiotapes and notes were illegally confiscated in the Nakhchivan
airport by Vice-Chief of police Ilham Hadjiyev. The officer
insulted him by obscene words. The human rights defender had
tried to get permission to visit more than 20 demonstrators
of Azerbaijan Democratic Party arrested in Nakhchivan on Septenber
29. While he has had the unsuccessful negotiations in the
city prosecutor's office and city police, in the Ministry
of Internal Affairs of Nakhchivan Autonomous Republic he has
been instructed to leave NAR in two hours. The officers of
MIA of Nakhchivan commented that Mehdiyed had interested for
the matter which are not in his competence and therefore faced
a "cold" attitude.
In September, the group of Armenian human rights defenders,
non-governmental and opposition activists from Nagorno-Karabakh
region visited Baku and met there some Azeri collegues. It
provocated some xenophobic campaign against both Armenian
activists and their counterparts in Baku.
In the late 2001, the split became visible between the active
campaigners for political prisoners and people's diplomacy
and the "patriotic" non-governmental organizations opposing
the pressure of Council of Europe at the Azerbaijani government
and attempts of cooperation between civil societies of conflict
sides of Karabakhi conflict.
In October, there was established the Society of Victims
of Human Rights Defenders. It joint a group of citizens who
claims that were deprived their real estate in result of activity
of some human rights organizations which ones allegedly cooperated
with prosecutors, police and courts.
Report published by: Human
Rights Center of Azerbaijan
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