Accession to the Council of Europe

In June the Parliamentary Assembly of the Council of Europe (PACE) voted to approve applications by Azerbaijan and Armenia for full membership of that body. The Assembly's opinion will be forwarded to the Committee of Ministers, the executive body of the Council, for formal approval. This is provisionally due in November and, with accession of the two countries, the Council's membership will pass from 41 to 43 countries.
Prior to the vote, which took place on 28 June, AI had approached the Council of Europe with a number of its concerns about human rights violations in the two countries. For example, in the light of continuing numerous reports of torture and ill-treatment from both Armenia and Azerbaijan, AI repeated a number of recommendations already made to both governments in this connection (see AI Index: EUR 55/02/99, EUR 01/01/00 and EUR 54/01/00). These included criminalizing torture, and any attempt to commit torture, as defined in the United Nations Convention against Torture, as distinct crimes with appropriate punishments under national law; ensuring that any officials convicted of offences involving torture or ill-treatment are automatically excluded from any amnesties; and establishing an effective system of independent inspection of all places in which people are deprived of their liberty. AI also expressed concern at the lack of a functioning civilian alternative to compulsory military service in both countries - with the result that conscientious objectors risked imprisonment for exercising their fundamental rights - and at the continued criminalization of consensual homosexual relations between adult males. In view of the numerous allegations of torture and violations of due process around many of the political trials which had taken place in the two countries since independence, AI also underlined that it was continuing to urge the authorities to conduct a judicial review of all cases of political prisoners in which there have been well-founded allegations that fair trial standards were violated, such as reports that testimony obtained as a result of torture has been accepted as evidence in court.
PACE set out a number of commitments linked with the countries' accessions. Both countries are to pursue exclusively peaceful means in settling the Karabakh conflict, and to sign and ratify within one year of accession the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Both are also to adopt a law on an Ombudsperson (within one year of accession for Azerbaijan), and to adopt a law on an alternative to military service in compliance with European standards (within two years of accession for Azerbaijan), with any conscientious objectors currently imprisoned being pardoned. Among other things Azerbaijan is also required to allow unrestricted access to prisoners by the International Committee of the Red Cross, and to release or grant a new trial to "those regarded as 'political prisoners' by human rights protection organizations".

Detention of journalist Elbey Hasanli, and attack on Yeni Musavat premises

During the period under review AI expressed concern about the detention of journalist Elbey Hasanli, and the attack on the offices of the opposition Yeni Musavat newspaper for which he works. On 4 and 5 February Yeni Musavat published articles by Elbey Hasanli following a recent visit to the Autonomous Republic of Nakhchivan. In the articles the journalist was highly critical of high-ranking officials, and claimed that the residents of Nehram, the home town of President Heydar Aliyev, enjoyed a privileged life. The articles are alleged to have angered officials, and provoked a series of arrests as well as attacks on property in Nakhchivan and Baku.
Elbey Hasanli states that when he arrived at the Yeni Musavat premises in Baku on 7 February he was called to the office of the editor where police officers known to him from the Sabail District Police Department were waiting. They asked the journalist to accompany them to the department as they had some questions regarding articles he had written alleging bribery among high-ranking officials in the Autonomous Republic of Nakhchivan. When they arrived at the Sabail District Police Department, however, Elbey Hasanli was told that he had to travel to Nakhchivan, and was handed over to two police officers who did not introduce themselves, produce a warrant for his arrest, or explain what the purpose of the journey was. Elbey Hasanli also reports that he was not allowed to call the newspaper from the police station to let them know what was happening, and his mobile telephone was taken away. He later discovered that the police officers accompanying him were from the Department against Banditism and Terrorism of the Nakhchivan Interior Ministry.
Elbey Hasanli was flown to Nakhchivan and sentenced the following day to 15 days' administrative detention, reportedly for refusing to obey the police. While there he also reports being pressurized by officials to retract a report he filed alleging that police and high-ranking officials in Nakhchivan demand a $200 bribe from people applying for a passport. On 9 February he was released early, and allowed to return to Baku. AI sought further information on the exact circumstances of Elbey Hasanli's arrest, including the allegation that no warrant was presented to him; the charge under which he was sentenced to 15 days' administrative detention; and whether he had access to a defence lawyer at any time during this process (on 13 July 1999 the Azerbaijani Constitutional Court ruled that the constitutional right to receive qualified legal aid from the moment of detention should be applied to those held under the administrative violations code, as well as to those held in connection with offences under the criminal code).
AI also sought further information on the grounds for arrest of several opposition politicians or activists in Nakhchivan, said to have been detained and given periods of up to 15 days' administrative detention on 7 February after they were quoted in the articles written by Elbey Hasanli. They include the chairman of the Nakhchivan City Committee of the Musavat Party, Zeka Mirzeyev, two secretaries of the Musavat Party, Fahreddin Gasimov and Asker Mammadov, the Chairman of the Nakhchivan branch of the Democrat Party of Azerbaijan, Isa Mirzeyev, and Huseyn Javadov, the representative in Nakhchivan of Abulfaz Elchibey of the Popular Front of Azerbaijan (PFA). Huseyn Javadov was released late on 10 February after several days administrative detention, and reportedly confirmed earlier allegations by others, including Elbey Hasanli who met him when they were both in detention, that he had been severely beaten in custody at the Nakhchivan Interior Ministry. Elbey Hasanli also reported that several others of those detained had been beaten, and AI requested details from the authorities of any investigation initiated into these claims.
The organization also sought further information on an attack on the editorial offices of Yeni Musavat in Baku, which took place on 7 February. The offices are in the same building as the headquarters of the Musavat party. According to reports, the premises were attacked at approximately 4pm by a group estimated at some 100 people, said to include people from Nehram in Nakhchivan, angered by what they regarded as offensive articles published by the newspaper on their area. They blockaded the building for some two hours, broke windows in the office, broke down the front door and attempted to move further into the building, and assaulted other journalists covering the incident. Staff inside the building built barricades against the doors to protect themselves, and some were reportedly injured by stones and other missiles. Police reinforcements are said to have arrived only about an hour after the trouble began.
AI's concern about this incident relates to allegations that Azerbaijani officials knew in advance that such an attack was planned (the headquarters of the Musavat Party in Nakhchivan had been attacked and ransacked the day before), and that most police officers stood by and failed to intervene while the newspaper offices and journalists covering the incident were attacked (according to one report some police twice attempted to detain some of the attackers, but were unsuccessful owing to lack of reinforcements). AI understands that criminal proceedings have been started under Article 207 (hooliganism) against several people in connection with the attack, including police officers, and that official assurances were given that there would be an investigation into the police's handling of the incident.

Deaths in custody at Gobustan prison (update to AI Index: EUR 01/02/99 and EUR 01/01/00)

During the period under review a group of defendants stood trial in connection with the January 1999 disorders at Gobustan prison, during which 11 prisoners and two guards died. In criminal proceedings which ended on 29 March the defendants, 23 prisoners and one prison guard, were all convicted and received sentences of up to 15 years' imprisonment. The charges against them related to an attempted escape, during which the deaths and other injuries took place. AI had urged a thorough and impartial inquiry into the use of force which would include among its aims a public clarification of the circumstances of the custodial deaths, in order to allay allegations from some official sources that those deaths had been extrajudicial killings.

Allegations of ill-treatment

Government moves to address torture and ill-treatment

During the period under review the Azerbaijani authorities took a number of positive steps to strengthen official moves to address the issue of torture and ill-treatment. On 11 March President Heydar Aliyev issued a decree on measures to be taken regarding reports on this subject issued by the UN Committee against Torture (see AI Index: EUR 01/01/00) and AI (see AI Index: EUR 55/02/99) towards the end of last year. Visiting the organization's office in London in June, the Minister of Justice of Azerbaijan noted that in March this year the Supreme Court of Azerbaijan issued directions to lower courts (Decision No. 1 of the Plenary Session, 10 March 2000), which included specifying that the term "torture" should be understood according to the definition in the UN Convention against Torture; reminding courts of their obligations to initiate investigations whenever defendants allege torture or ill-treatment during court sessions; reiterating that evidence obtained in violation of the law is inadmissible; and repeating the decision of the Constitutional Court from July last year that those detained under the administrative procedure are entitled to the services of a lawyer, as in criminal cases. Similar positive moves were made by the then General Procurator of Azerbaijan, Eldar Hasanov, in his order of 14 March which specified, among other things, that a working group be set up to investigate the allegations of torture set out by AI and other human rights organizations in their recent publications (AI subsequently received a detailed response regarding the allegations contained in its report), and that family members be informed immediately when their relative is detained (rather than within the three-day period currently allowed by the Code of Criminal Procedure).
The UN Special Rapporteur on the question of torture visited Azerbaijan in May at the invitation of the government and, in another welcome move which had been urged by AI, an agreement was finally concluded on 1 June between the Azerbaijani authorities and the International Committee of the Red Cross (ICRC). This allowed the latter access to all places of detention and to all detainees within its mandate, both sentenced and unsentenced. The first visit by ICRC representatives took place on 23 June, to Gobustan prison.

Allegations of ill-treatment during demonstration of 29 April

In spite of these positive moves, however, during the period under review AI continued to receive reports of ill-treatment. It approached the authorities, for example, about allegations of human rights violations following attempts by opposition parties to hold an unsanctioned demonstration in Baku on 29 April, in connection with forthcoming parliamentary elections. There were allegations that police used excessive force when dispersing those who had attempted to gather, including reports that a number of journalists were assaulted while covering events (in this context AI is also aware of official reports that 34 police officers were injured as a result of events), and that those detained were not granted access to a lawyer or their families.
A number of leading opposition figures alleged that they were ill-treated. For example Vajif Hadjibeyli, the chairman of the Ehrar (Peasants') Party, was reportedly severely beaten by police while being detained during the attempted demonstration. It has been further alleged that although suffering from concussion he did not receive prompt and appropriate medical attention after being taken into detention at the local police station; that he was not able to see his lawyer or telephone his family after being taken into detention; and that he was not given a pen and paper in order to make a written complaint. Vajif Hadjibeyli was sentenced to 10 days' administrative detention under Article 174 of the Administrative Code for resisting the lawful demands of a police officer. Before the end of this term he was transferred from the Main Police Directorate to Bailov investigation isolation prison No. 1, after being charged under Article 189-1 of the Criminal Code with resisting a police officer, but was subsequently released on bail. Other detainees have also alleged that they were not able to consult a defence lawyer or contact their families.
A number of women were among those alleging ill-treatment during the attempted demonstration on 29 April. Novella Jafarova, for example, the Chairperson of the D. Aliyeva Society for the Defence of Women's Rights, reports that she saw police assault a group of women who had gathered in the capital, Baku, to demand democratic elections and a quota in parliament for representatives of women's organizations. The women were among a group of people who were stopped on G. Gadjiyeva Street, as they were approaching Fizuli Square. Novella Jafarova alleges that she saw police assault with truncheons several of the women, including sisters Jamale and Kemale Shahmammedova (nieces of former President Abulfaz Elchibey). The sisters were said to have been hit around the head and verbally abused while being taken by car to Yasamalsky District Police Department, and also to have been assaulted and verbally abused while at that department by a police officer (whose name is known to AI). They were released around midnight on 29 April.

Death in custody of Bahram Sadiqov (update to AI Index: EUR 01/02/99)

In her report dated 2 February 2000 to the UN Economic and Social Council, Asthma Jananhir, the UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, stated that she had raised with the Azerbaijani authorities the case of Bahram Sadiqov, a displaced person originally from the Lachin region of Azerbaijan, who died in custody in January 1999. According to information received by AI, Bahram Sadiqov had been arrested in Sumgait together with five others on suspicion of stealing sheep. He was taken to the Sumgait Police Administration, and died in custody in a temporary detention cell there a week later, on 17 January. Unofficial sources alleged that his death was the result of a severe beating, and that the five others detained were also beaten. At the time the head of the Sumgait City Police is said to have told the TURAN news agency that the suspects had already confessed and so there was no need to pressurize them, a comment made presumably in the light of frequent allegations that law enforcement officials use duress in pre-trial detention to obtain testimony and confessions.
The UN Special Rapporteur regretted that at the time of finalizing her report she had not received a reply from the government to her communication. Responding to AI during the period under review, the General Prosecutor's office stated that a forensic medical examination had reportedly shown that Bahram Sadiqov had died of natural causes.

Decriminalization of homosexuality

For many years AI has urged the Azerbaijani authorities to decriminalize consensual homosexual relations between adult males, punishable under Article 113 of the criminal code inherited from the Soviet era by up to three years' imprisonment. The organization had also urged that the age of homosexual and heterosexual consent be equalized. Speaking to representatives of the organization during a visit to London at the beginning of June, the Minister of Justice informed AI that a new criminal code had been adopted on 28 May, and would come into force on 1 September. Under this Article 113 is replaced with a new Article 150, which punishes only forcible sexual acts ("homosexual actions and other actions of a sexual character using violence or the threat of violence"). In addition, a new Article 152 - which criminalizes sexual intercourse or other actions of a sexual character committed with a person under 16 - makes no specific reference to whether these actions are homosexual or heterosexual.

Harassment and detention of religious believers

Detention of Ibrahim Ikrameddin oglu Yuzbeyov (update to AI Index: EUR 01/01/00) Jehovah's Witness Ibrahim Yuzbeyov was given a 15-day term of administrative detention in August last year, allegedly in connection with his attempts to proselytize. AI expressed its concern about reports that the detention was for religious reasons; that Ibrahim Yuzbeyov was denied access to a defence lawyer; that he had been verbally and physically abused while in detention; and that police officers had misappropriated money and belongings. Responding to these concerns during the period under review the General Prosecutor's office stated that Ibrahim Yuzbeyov's arrest was for violations of the passport regime (he was said to have been found as an unregistered resident of the village of Alekseyvka) under Article 174 of the Code of Administrative Offences, and that he himself had refused a lawyer. Following AI's expressions of concern, however, the case was re-examined by the Supreme Court on 14 March and the court decision quashed in connection with violations of Ibrahim Yuzbeyov's rights during the preliminary investigation. Disciplinary action was also said to have been taken against the Deputy Head of the Khachmas District Police Department and four other police officers for illegal actions in connection with Ibrahim Yuzbeyov's case. Religious literature confiscated from Ibrahim Yuzbeyov at the time of his arrest was not returned, however, as it was regarded as having been smuggled across the border.

Concerns in the disputed Karabakh region

The arrest of Samvel Babaian and others - allegations of torture and violations of due process

In the early hours of 22 March gunmen attempted to assassinate Arkady Ghukasian, "President" of the Nagorno-Karabakh Republic (elections in the disputed region are not regarded as legitimate by the Azerbaijani authorities, and the territory itself remains unrecognized internationally). There immediately followed a wave of arrests, centring on the former defence minister of the region, Samvel Babaian, and his associates (including his brother, Karen Babaian, the head of Samvel Babaian's bodyguard, Sasun Aghajanian, two other bodyguards named David Gulian and Varuzhan Melkumian, Samvel Babaian's brother-in-law, Erik Paramazian, and Levon Mirzoian, described as a friend of Samvel Babaian). A number of those detained, including Samvel Babaian, are said to have been severely ill-treated in detention. Specific details were difficult to obtain, however, especially as most of those detained were said to have had no access to their families and, as reported in some cases, inadequate access to a defence lawyer. In the middle of May, for example, Yerevan-based lawyers for Sasun Aghajanian, David Gulian and Varuzhan Melkumian claimed that they were being denied access to their clients and the materials on the case. At that time Sasun Aghajanian's lawyer reported that since his client's arrest some two months previously he had met him only twice - once in private for a meeting that lasted around 10 minutes, and once during an interrogation on 27 April which was reportedly stopped by the lawyer when his client lost consciousness. The following month two lawyers initially appointed to represent Samvel Babaian alleged that the region's procurator general had denied them access to their client and materials of the case until the prosecution had completed its investigation, and claimed that they were not able to see what their client had said during his testimony (presumably given in their absence). It was further alleged that those detained in connection with the assassination attempt were denied food parcels and cigarettes from their relatives, and that some also had no opportunity to take daily exercise.
AI approached the procurator general in Karabakh, urging him to ensure that all necessary procedures for a fair trial were observed for all defendants at each stage of the criminal proceedings. In the light of some press reporting around the case, AI stressed that such procedures include the presumption of innocence. The right to the presumption of innocence requires that judges and all other public officials refrain from prejudging any case. This means that public authorities, particularly prosecutors and police, should not make public statements about the guilt or innocence of an accused person before the outcome of the trial.
AI also noted the procurator's denial that Samvel Babaian and others had been beaten while in custody, and trusted that the procurator would ensure that all law enforcement personnel involved with those detained were aware of, and adhered to, the absolute prohibition under international law of torture or other forms of cruel, inhuman or degrading treatment. Any allegations of torture or ill-treatment by law enforcement officials should be investigated promptly, comprehensively and impartially, with the results made public and anyone identified as responsible brought to justice.

Prisoner of conscience Vagram Aghajanian

Another person arrested following the 22 March events outlined above was journalist Vagram Aghajanian, a correspondent of the Tasnerord naang and Iravunk newspapers, who had been critical of the Karabakhi authorities and was regarded as close to opposition figures such as Samvel Babaian. Officers from the Ministry of Internal Affairs detained Vagram Aghajanian on 28 March after searching his home, reportedly without presenting a warrant, for items such as arms and drugs. No such items were found, but Vagram Aghajanian was subsequently sentenced to 10 days' administrative detention after being found guilty of "hampering the implementation of martial law", under a 29 December 1999 presidential decree "On extending martial law". Vagram Aghajanian's recent articles were said to have been regarded by officials as violating the martial law decree by "contributing to internal tension".
Following that initial detention, Vagram Aghajanian was sentenced to one year's imprisonment for libel, under Article 131, part 2, of the Criminal Code of the Nagorno-Karabakh Republic. A criminal case had originally been opened under this article on 22 December 1999, in connection with the alleged libel of Karabakhi authorities, in particular the prime minister, Anushavan Danielian. The case was forwarded to Stepanakert (known to the Azeris as Khankendi) Municipal Court on 3 April, and heard on 12 April.
AI understands that of particular relevance to this case was an article Vagram Aghajanian had published in issue No. 5 of Tasnerord naang on 11 December 1999 , entitled "There is no money in the budget for migrants" (a copy of the article was reprinted by several newspapers in Armenia on 14 April, as an act of solidarity against the prosecution). In the article Vagram Aghajanian was critical of what he regarded as insufficient aid being made available to people who wish to resettle, or have already done so, in some areas of Karabakh. Among other things he quoted several residents from the town of Vanadzor who said that they wished to resettle in abandoned villages in the Martuni and Agdam districts, but claimed that they had been told by the prime minister that there was no money available in the budget for such help.
In materials he submitted to the court, the prime minister is said to have denied that he had met representatives of families wishing to move from Vanadzor. It was alleged, however, that the court refused to call a witness who had spoken to the Vanadzor families and who may have been able to shed further light on the reported meeting. It was also reported that both Vagram Aghajanian and the editor of Tasnerord naang had offered to publish a retraction of the report that such a meeting had taken place, but that this route for resolving the issue - said to be available under the law "On the Press and Other Mass Media" - was rejected in favour of criminal prosecution. It was further alleged that Vagram Aghajanian's friends and colleagues were given very little notice of the impending trial, which hampered their attempts to find him a defence lawyer. As a consequence the lawyer was said to have had only a few hours to acquaint himself with the materials of the case before the trial began.
AI recognizes that all persons who believe themselves to have been the victims of defamation - including elected officials up to the most senior level - have a right to seek redress through the courts. However, public officials should expect to be subjected to a greater degree of public criticism than other individuals, and the degree of restriction permitted to protect an individual's reputation should be more limited in the case of a public official than a private person.
AI argues that using criminal proceedings in libel cases implies that the defendant is responsible for an injury to society at large. AI questioned the fact that the alleged libel in this case constitutes any such injury to society. It believed that libel complaints such as this should be addressed in civil proceedings in which a complainant can seek redress for personal injury to their reputation. Criminal legislation should not be used in such a way as to stifle criticism of public officials, or to intimidate those who voice legitimate concerns about the actions or practices of public officials. AI was concerned that the use of criminal proceedings against Vagram Aghajanian in this case suggested that the case had been politically motivated, and brought to punish the journalist for his criticism of, and political opposition to, the current authorities in Karabakh. AI therefore regarded him as a prisoner of conscience, who should be released immediately and unconditionally. Vagram Aghajanian was released after the Karabakh Supreme Court heard an appeal on 27 April, and replaced his custodial sentence with a suspended one. However, the authorities are said to be monitoring closely his movements, visitors and telephone conversations.

The death penalty (update to AI Index: EUR 01/02/99)

It was reported that on 15 January Arkady Ghukasian had commuted two death sentences to periods of 15 years' imprisonment. Karabakh retains the death penalty, although as far as AI is aware there have been no judicial executions in recent years.