IHF press release on Azerbaijan
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Date: Wed, 30 Jun 1999 13:56:28 +0300 (EET DST)
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Subject: IHF press release on Azerbaijan
From: MINELRES moderator <[email protected]>
Original sender: International Helsinki Federation <[email protected]>
IHF press release on Azerbaijan
AZERBAIJAN READY TO BE A MEMBER OF THE COUNCIL OF EUROPE?
Baku (Azerbaijan), 29 June 1999. - Representatives from the
International Helsinki Federation for Human Rights (IHF) on a mission
in Azerbaijan are concerned with the country's lack of improvements in
its human rights record since last year, while being candidate for
membership of the Council of Europe.
It is crucial that the Azerbaijani authorities show a clear
willingness to address the acute problems of torture of detainees;
violations of media freedoms and free assembly; many politically
motivated arrests; and a dis-functioning and deeply corrupted
judiciary. Moreover, the conditions in which the courts work are
extremely poor, which is a result of the shortage of money but which
also reflects the poor judicial administration.
Despite of a 1998 Presidential Decree abolishing censorship, the
situation vis � vis media freedoms continues to deteriorate. The
government is exerting pressure on the independent press through the
state monopoly of printing houses. Moreover, the authorities abusively
use defamation law in contradiction to article 19 of the International
Covenant of Civil and Political Rights (ICCPR) as well as article 10
of the European Convention of Human Rights (ECHR) and the related case
law of the European Court of Human Rights.
Fuad GAKRAMANLI, a 24-year-old man, was arrested on June 18, 1998 and
sentenced to 18 months for an unpublished text about civil
disobedience found on his computer during an illegal search. On 19
June, a pro-governmental newspaper published his article. In fact he
was punished for an action undertaken by state officials.
Irada HUSSEINOVA, a journalist for "Bakinski Bulvar", was charged for
criminal libel for calling Djalal Aliyev, the President's brother, the
"King of Oil Industry" in an article published in December 1998. She
is now awaiting trial.
Ethnic Armenians who have Azerbaijan citizenship face a wide range of
discrimination. The passport has information about ethnicity, upon
which the authorities arbitrarily decide. A major problem is
privatization of apartments that were forcibly left by ethnic
Armenians. Those who still live in Baku face discrimination in
judicial proceedings while trying to protect their property.
Angela OGANOVA, descendent of a mixed marriage of an Armenian father
and an Azeri mother, had to wait six months for registration of her
marriage with an Azeri. Her apartment, in which she was born and is
still living, was illegally and without her knowledge sold by the City
Council to another person. She sued the City Council and is now
awaiting the written decision by the judge that the privatization was
legal. Members of the IHF delegation observing her trial on 29 June
1999, are concerned about the partiality of the judge.
The problem of lack of independence of the judiciary is amplified by
the fact that after three years of study and analysis, no law on
Advocates has been enacted yet. There is no protection of the rights
of lawyers taking up politically sensitive cases. They are subjected
to pressure and dismissal by the Ministry of Justice, heading the
association in charge of granting the right to practice. Victims of
human rights violations are thereby deprived of their right to a
lawyer of their own choosing. In addition, the procuracy still
supervises the judiciary, in violation of the judicial independence
and the principle of equality of arms, in both civil and criminal
cases. This illustrates the pressing need to reform organs of the
judicial system.
Local human rights activists report that freedoms of association and
peaceful assembly are constantly restricted through refusals to grant
permissions to hold meetings, in contradiction to article 11 of the
ECHR and article 21 of the ICCPR. The permission system for public
meetings violates by itself internationally recognized fundamental
freedoms.
The request of the IHF delegation to visit prisons, especially the
maximum-security prison in Gobustan where most of the political
prisoners are kept, was refused. The IHF delegation is concerned about
the prison conditions and the maltreatment by the police during
preliminary investigation in remand prisons. In those prisons police
tolerate rape as means to forcefully extract confessions.
The IHF appeals to the government of Azerbaijan to undertake the
necessary changes in both legislation and practice in the human rights
field, showing a better preparedness to accede to the Council of
Europe.
For further information:
Brigitte Dufour, Deputy Executive Director, IHF: +43-1-402 73
87, [email protected]
Andrzej Rzeplinski, Board Member, IHF: +48-22-828 1008,
[email protected]
Petra Winter, Assistant Legal Counsel, IHF: +43-676-
3390506, [email protected]
__________________________________________________
International Helsinki Federation for Human Rights
Rummelhardtgasse 2/18
1090 VIENNA, AUSTRIA
Tel. +43-1-402 73 87 or +43-1-408 88 22
Fax +43-1-408 74 44 E-mail: [email protected]
Internet: http://www.ihf-hr.org
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