Extraditions of Azerbaijani political refugees from Ukraine
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Subject: Extraditions of Azerbaijani political refugees from Ukraine
From: MINELRES moderator <[email protected]>
Original sender: Eldar Zeynalov <[email protected]>
Extraditions of Azerbaijani political refugees from Ukraine
Human Rights Center of Azerbaijan
165-3 Bashir Safaroglu Street,
Baku 370000, Azerbaijan
Phone/fax +994-12-947550,
e-mail: [email protected]
_____________________________________________________
UKRAINE: EXTRADITION OF POLITICAL EMIGRANTS TO AZERBAIJAN
Legal framework
The post-Soviet regimes of the CIS countries established so called
"common legal space" for to fight the criminality. For that,
Azerbaijan signed the mutual agreements with Russia, Ukraine, and five
other CIS countries about the legal assistance including the
extraditions of criminals.
There are no special legislation on the extradition. The draft law
was discussed in November 1997, and passed in the first reading [01].
General procedure is now the following one: the Prosecutor's General
of Azerbaijani Republic appeals to his colleague, and after short term
of formal investigation (up to 30 days) the criminal extradited to
Azerbaijan.
Usually, the formal reason of extradition is non-political, e.g.,
allegations of illegal custody of weapon, murder, etc. After the
extradition, the accusations are aggravated by the political crimes:
high treason, establishment of illegal armed groups, etc. It was a
reason of the dissatisfaction of Russian Prosecutor General [02].
Often, the law-enforcement agencies of Azerbaijan conduct the
permitted operations in the territories of other CIS republics.
Usually, most extraditions are unknown to the publics at least until
a trial. Rarely, the extraditions are advertised as the samples of
good work of law-enforcement agencies.
According to the Chief of Azerbaijani Bureau of Interpol, Tofiq
Murshudlu, after the extraditions from CIS, the criminals prefer the
Western Europe countries, which have no legal agreements with
Azerbaijan [03].
Azerbaijani asylumseekers in Ukraine
In countrary to Russia, Ukraine has no discriminatory legislation
against the Caucasians. Here are living tens of thousands Azeris.
Therefore Ukraine is second country after Russia, where the emigrants
from Azerbaijan try to hidden in.
The majority of Azerbaijani political refugees to Ukraine are the
participants of the attempts of coups d'etat in 4 October 1994, so
called "October or Ganja case" [04, 05] and 13 to 17 March 1995,
"March or OPON case" [06, 05]. The statistics is not published.
Because of inhuman procedure of extradition, many of them are afraid
to disclose their residence, do not appeal for an asylum and/or live
illegally.
Description of known cases
Human Rights Center of Azerbaijan is monitoring the extraditions
since 1995 [03]. There are known several cases of extraditions of
political refuges from Ukraine.
*** 19 Juny 1995 - in Khar'kiv were arrested by the local police and
then handed to the Azerbaijani police group 3 participants of the
"March case." According to the HRCA information, they were severely
beaten just in Khar'kiv, and beaten and tortured later, in Azerbaijan.
Among the arrested people are: Elxan Budaqov, policemen of OPON
(Special Police Unit), after the trial on so called "Case of Twenty
Six" (part of "March case") was sentenced to 14-years imprisonment
[07].
Mubariz Yaqub oglu Kazimov, former Major of National Army of
Azerbaijan Commander of batallion. In the moment of arrest was accused
in hooliganism (art.207), but later the accusations were changed to
the high treason (art.57), and other (articles 57-1, 70-2, 220.) On 29
March 1996, sentenced on the same case to 12-years imprisonment in the
Correction work colony of strong regime. Detained in the colony ITK-7
[08].
Shahin Mustafayev, resident of Qazax, Azerbaijan. Accused of high
treason (art.57), etc. Sentenced on the same case to the imprisonment,
term is unknown [09].
*** 18 September 1995 - the Azerbaijani police group arrived to Lviv
to arrest of a Chairman of Azerbaijani Anti-Bolshevist Block, Editor
of the newspaper "Svoboda narodov" Elxan Nuriyev. When the policemen
did not find Nuriyev, they severely beaten other Azeri, Hasan Huseynov
demanding the address of Nuriyev's children. In the next day, the
local population held meeting and picketed the local police office.
Twenty members of Ukrainian Parliament made the Parliamentary request.
The developments are unknown [10].
*** 1995, date and place are unknown - there was arrested Amur Kamal
oglu Kanev, participant of the "October case." It was arrested by
the police group of the Minqechevir City Police Administration [11].
*** February 1996 - there was extradited a Chairman of Veten Odjagi
Party, Candidate to President 1993, Zakir Tagiyev. Being the
businessman, he was also critical to the President Aliyev. The
information on the sentence is not available [12].
*** 13 March 1996 - In Djankoy the policemen of Ukraine and Azerbaijan
arrested Qalib Djamal oglu Abdullayev, born 1963, former Commander of
batallion of OPON (Special Police Unit.) The Prosecutor's warranty of
arrest was dated by March 15. Abdullayev was accused of the
participation in the "March case" on the articles 57; 70-2, p.3; 220,
p.2 of Crime Code. After the trial (01 Oct 1996 to 16 Jan 1997) was
sentenced to 13-years imprisonment. According to the HRCA
information, he was beaten and tortured during the investigation,
and deprived of the access to an advocate [13].
*** Autumn 1997 - In the Kaminka village, Zaporizhzhe Oblast, was
arrested 29-years old former Inspector of the Department of Struggle
the Organized Criminality, participant of "October case" Natiq Aslan
oglu Aslanov. He is accused of the high treason (art.57 of Crime Code)
[14].
Comments
In the contrary to the international legislation, in the legal
practice of CIS is considered that the person can became a refugee not
because of his/her situation, but in the result of state registration.
Therefore, the person who is living hiddenly and does not appeal for
an asylum have no legal protection as a refugee.
The procedure of the extradition of Azerbaijani political refugees
from Ukraine remains unhuman, far from the international standards.
There is not used any public trial on the motives and the
circumstances of emigration of Azerbaijani citizens to Ukraine.
The basis of extradition is often the evidences got from other
defendants by the illegal way of physical and moral tortures. The
further investigation on the case of extradited person can be unfair
for the same reason [15].
The courts remain dependent from the instructions of executive bodies,
and the trials often are unfair ("ordered".)
Finally, the prison conditions became harsh [16]. At least one of the
prisoners, Natiq Budaqov, died in fourty days after his extradition
[04, 17].
Sources
01. Information Agency "MPA," 21 Nov 1997
02. Information Agency "ANS-Press", 8 Aug 1997
03. Extraditions of Azerbaijani political emigrants from CIS
countries.- Baku, HRCA, 2 Apr 1997
04. Political arrests on the "Ganja Case" (October 1994). - Baku,
HRCA, 27 Nov 1995
05. Political arrests and trials in Azerbaijan (June 1993 - November
1995).- Baku, HRCA, 14 Nov 1995
06. "The March Events."- Baku, HRCA, 17 Mar 1997
07. HRCA, 10 Jan 1997; Association for the Defense of Women's Rights,
March 1997
08. Newspapers "Azerbaycan", 2 Mar 1996; "Muxalifat", 30 Mar 96; HRCA,
10 Jan 1997
09. HRCA, 10 Jan 1997
10. Newspaper "Yeni Musavat", 6 Oct 1995
11. Newspaper "Azerbaycan", 25 Jan 1996
12. Newspaper "Azadliq", 7 Mar 1995; "Press Fakt", 16 Feb 1996
13. Information Agency "Turan", 3 and 16 Jan 1997; newspapers:
"Muxalifat", 4 Jan 1997; "Yezhednevnye Novosti", 10 Jan 1997;
"Zerkalo", "7 Gun", 18 Jan 1997
14. Newspaper "Xalq qazeti", 11 Nov 1997
15. The allegations on the tortures in Azerbaijan in 1996.- Baku,
HRCA, 09 Feb 1997
16. Situation in the detention centers of Azerbaijai Republic.- Baku,
HRCA, October 1997
17. Deaths of political prisoners in Azerbaijan.- Baku, HRCA, 15 Dec
1995
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