THE VICTIMS OF POLITICAL REPRESSIONS IN AZERBAIJAN JUlY 08, 2014

THE VICTIMS OF POLITICAL REPRESSIONS

IN AZERBAIJAN

 JULY 08, 2014

 THE INSTITUTE FOR PEACE AND DEMOCRACY

 41 PRISONERS OF CONSCIENCE

 

     I. 11 JOURNALISTS AND BLOGGERS

  

1. Arshad Ibrahimov - under investigation

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18 June 2014 Nizami district Court of Ganja ordered the arrest of journalist Arshad Ibrahimov, who is currently working with  the sites and Moderator.az Avropa.info.

 18 June 2014 Nizami district Court of Ganja ordered the arrest of journalist Arshad Ibrahimov, who is currently working with  the sites and Moderator.az Avropa.info.

The  reason for the arrest is  the complaint of Mohammed Bagirov,the former head of the Education  Department of Kalbajar region.

Formerly a journalist published an article about the illegal actions  of Bagirov. After that, a lawsuit was filed against the author  who was accused of extortion.

Bagirov argued that journalist  extorted from him  30,000 manat  for not  publishing a  critical material. Thereafter, the police allegedly received a complaint that the journalist puts pressure on witnesses. When the case went to trial, these same witnesses testified that the pressure was exerted on them  by Mohammed Bagirov.

Nevertheless,  18 June the court has arrested a journalist.

Earlier, Arshad Ibrahimov was a regional correspondent for the newspaper «Azadlig», and since the end of last year  has been collaborating with news sites.

IPD concludes:

Arshad Ibrahimov has no independent lawyer. The court gave him lawyer. This lawyer refused to talk to the press, to the HRDs  and even  did not say under what  article  Ibrahomov was prosecuted.

 

  1. Abdul Abdulmanaf oglu Abilov, in 2014 sentenced to 5,5 years in prison

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Abdul Abilov, administrator of the page named «Yaltaqlara Dur Deyək» («Stand Up, Toadies») in Facebook; was detained on November 22, 2013 by the Directorate for Combating Organized Crime under the Ministry of Internal Affairs of Azerbaijan.

He was charged under Article 234.4.3 of the AR Criminal Code (making, acquisition, possession, forwarding, transportation or sale of precursors with a view of illegal producing and processing of narcotic drugs or psychotropic substances in big amount – 5-12 years in prison). Nasimi District Court passed a ruling on arrest of A. Abilov during 3 months. On May 27, 2014 Baku Court for Grave Crimes chaired by Ahmad Quliyev sentenced A.Abilov to 5,5 years in prison.

 

IPD concludes

Despite the court decision of November 23, 2013, he was illegally kept for 3 days in the Directorate for Combating Organized Crime under the Ministry of Internal Affairs and tortured. It was only on November 27, 2013 when A. Abilov was transferred to Baku Pretrial Detention Center. Abilov’s lawyer Elchin Sadygov appealed against the arrest warrant, but on November 29, 2013 the Criminal Panel of Baku Court of Appeals did not grant the appeal and upheld the arrest warrant.

At the court session, Abilov stated that while searching in his house the police put into his pocket the narcotic drug doing it very openly and using force; then went on saying that the authorities had persecuted him for his critical publications and statuses on his facebook page. According to him, he was taken to the Directorate for Combating Organized Crime and suffered moral and physical coercion. The officers of the Directorate insulted and beat him. After his arrest, his facebook page was made unavailable. According to his mother, she has never been allowed seeing him after his arrest.

The authorities of Azerbaijan have started persecuting not only journalists but also bloggers for critical publications.

 

3. Sardar Mammedali oglu Alibeyli, in 2013 sentenced to 4 years in prison

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Sardar Alibeyli, the chief editor of Nota Bene, was detained on July 31, 2013. He was charged under Article 221.3 of the AR Criminal Code (hooliganism committed with a weapon or an object used for weapon, 3 – 7 years in prison). On November 13, 2013 Khatai District Court chaired by Habil Mammedov adjudged S. Alibeyli guilty and sentenced him to 4 years in prison.

 

IPD concludes

According to the case files, on July 29, 2013 S. Alibeyli and a certain Namig Amirov got into an argument near school No 260. As arguing S. Alibeyli allegedly threw a stone at N. Amirov. S. Alibeyli withheld evidence during the inquiry saying only that he did not know the man named Namig Amirov, never argued with him and did not throw a stone at him. There was no any other proof of guilt of Alibeyli except for the testimony of N. Amirov (the non-staff police). His sentence is a political order in connection with his critical publications in Nota Bene newspaper against the ruling party and the authorities.

 

4. Nidjat Nazim oglu Aliyev, in 2013 sentenced to 10 years in prison

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Nidjat Aliyev, the chief editor of Azadxeber.org website, was detained on May 20, 2012 near the underground station Memar Adjemi in Baku on charges with illegal possession of narcotic drugs. 9 months later he was charged with 3 more articles – incitement of religious hatred, call for seizure of power, distribution of banned religious literature. On December 09, 2013 Baku Court of Grave Crimes chaired by Zeynal Agayev N. Aliyev was adjudged guilty under Article 234.1. (illegal acquisition or possession of narcotic drugs without intention of selling), Article 167-2.2.1 (unsanctioned distribution of religious literature by a group of people by previous concert or by an organized group), Article 281.2 (public calls for forcible seizure of power, forcible retention of power or forcible change of constitutional form) and Article 283.2.2 (incitement of ethnic, racial, social or religious hatred and enmity by using his position) of the AR Criminal Code and was sentenced to 10 years in prison.

 

IPD concludes

The detention, the investigation and the trial went on with many violations of the national and international law, particularly the European Convention for the Protection of Human Rights and Fundamental Freedoms. According to trial lawyer Yalchin Imanov, the accusation was framed-up. The drugs were planted on him. He was tortured in the police station, his two teeth were knocked out. The other charges were also pointless. The video material incriminated to the accused had nothing illegal, without any sign of a call for seizure of power, no word about incitement of interreligious hatred. The contents of the video comply with the freedom of speech secured by the Constitution of Azerbaijan and the European Convention. For example, the incriminated video had an opinion that the Eurovision 2012 Song Contest held in Baku was inconsistent with the moral values of the Azerbaijani people. Besides, the video material criticized the violations of the rights of the believers, the ban against wearing a hijab in schools, the uncertainty of the Karabakh conflict.

 

5. Parviz Kamran oglu Hashimli, in 2014 sentenced to 8 years in prison

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Parviz Hashimli was detained on September 17, 2013. He is a journalist with Bizim Yol newspaper, the administrator of moderator.az website, the leader of an NGO – Center for Protection of Political and Civil Rights, the board member of the opposition People’s Front Party (PFP).

On September 20, 2013 he was charged with the crimes under Article 206.3.2. (smuggling of fire arms, component parts and ammunition by a group of people by previous concert) and Article 228.2.1. (illegal acquisition, possession and bearing of fire arms, component parts and ammunition by a group of people by previous concert) of the Criminal Code of Azerbaijan. On September 20, 2013 Sabail District Court determined to take him into custody for 2 months. On November 07, 2013 the court changed the custody period into 3 months. In February 2014 the investigation was finished and the matter was taken to court.

On May 15, 2014 Baku Court of Grave Crimes chaired by sentenced to 8 years in prison.

 

IPD concludes

P. Hashimli is being kept in the pretrial detention center of the National Security Ministry. On December 13, 2013 in Sabail District Court he stated that he is being tortured in the center. He demanded his transfer to the pretrial facility of the Penal Service. However, Sabail District Court declined his transfer request. On December 23, 2013 Baku Court of Appeals declined his appeal against the decision of Sabail District Court on dismissal of his transfer from the pretrial detention center of the National Security Ministry to the pretrial facility of the Penal Service.

According to trial lawyer Yalchin Imanov, P. Hashimli was taken to Baku Court of Appeals by 6 people in black masks. In the course of the trial, Hashimli said that that on December 13 after the hearing in Sabail District Court he had been put to the punishment cell of the National Security Ministry. As he had been explained he had been punished for his statement in court that ‘NSM rapes laws’.

According to the trial lawyer, Hashimli was stripped to the naked and kept for 4 hours in the punishment cell. The journalist caught cold. His deteriorated health made them bring him back to an ordinary cell the following day. Convoying of the journalist by the NSM’s officers in black masks clearly means that the NSM’s leadership realizes their violation of the active law and tries to disguise the immediate lawbreakers under the masks.

The arms search record was made with numerous violations. The arms were planted on the journalist. P. Hashimli conveyed the information that the NSM’s investigators demand that he bear false witness of criminal offenses by the leadership of the PFP.

6. Araz Faig oglu Guliyev, in 2013 sentenced to 8 years in prison

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Araz Guliyev, chief editor of xeber44.com religious website, gave board coverage to protests of Muslims against the ban to wear a hijab in the schools of Azerbaijan. He was arrested on September 08, 2012 during the rally of Muslims in Masalli city. At first, he (also other detained people, his website colleagues) was accused of hooliganism (Article 221.2 of the Criminal Code of Azerbaijan). 2 days after, the police ‘found’ 1 grenade in his house, which led to new accusations.

On April 05, 2013 Lenkeran Court of Grave Crimes found him guilty under 5 articles: 228.1 (illegal possession, bearing and transportation of fire arms), 233 (organization and participation in actions disturbing public peace), 283.1 (incitement of ethnic and religious hatred),  315.2 (resistance to authority), 324 (disrespect to the flag and coat of arms of Azerbaijan) of the Criminal Code of Azerbaijan and sentenced him to 8 years in prison.

 

IPD concludes

The detention, the investigation and the trial went on with many violations of the national and international law, particularly the European Convention for the Protection of Human Rights and Fundamental Freedoms. Torture and other illegal treatment were used during the investigation. He was punished for criticism of the religious policy of the authorities.

 

7. Hilal Alif oglu Mammedov, in 2013 sentenced to 5 years in prison

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On June 21, 2012, Hilal Mammedov, a scholar, an editor of Tolyshi Sado newspaper (the only newspaper in the Talysh language published in Azerbaijan) and a human rights defender, was detained in Nasimi street 24 by the Main Drug Enforcement Administration of the Ministry of Internal Affairs of Azerbaijan. He was charged under Article 234.4.3. (illegal acquisition, possession, producing, bearing of narcotic drugs or psychotropic substances with the intent of selling in an especially big amount) of the Criminal Code of Azerbaijan.

On June 29, 2012 Hilal Mammedov was additionally charged under Article 274 (high treason) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred by using his position) of the Criminal Code of Azerbaijan. The further investigation on the criminal case was entrusted to Gasym Mammedov, an investigator of the Grave Offense Investigation Department with the Office of the Prosecutor General of the Republic of Azerbaijan. On September 27, 2013, Baku Court of Grave Offenses chaired by Azer Orujev sentenced H. Mammedov to 5 years in prison.

 

IPD concludes

Being arrested H. Mammedov was beaten up and 5.181 g of heroin was planted on the pocket of his jacket. The same day during the search in his house the police ‘found’ another 28.294 g of heroin. His relatives did not sign the search record stating that the drugs had been planted by the police. Neither the investigation, nor the trial failed to prove his guilt on the charges brought.

The trial lasted 11 months from January till November 2013. Judge A. Orujev ruled to hear in a closed session, except for the charges under Article 234.4.3. The court hearing breached Articles 10.1, 22, 27, 32.2.2, 121.2. and 200.4.  of the Code of Criminal Procedure of Azerbaijan, Article 6.1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

 

8. Rashad Agaaddin oglu Ramazanov, in 2013 sentenced to 9 years in prison

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Rashad Ramazanov, a blogger, was detained on May 09, 2013 by the Directorate for Combating Organized Crime of the Ministry of Internal Affairs of Azerbaijan. He was charged under Article 234.4.3. (illegal possession and selling of narcotic drugs in large amount – from 5 to 12 years in prison) of the Criminal Code of Azerbaijan. On December 10, 2013 Baku Court for Grave Crimes chaired by Alisultan Osmanov found R. Ramazanov guilty and sentenced to 9 years in prison.

 

IPD concludes

The detention, the investigation and the trial went on with numerous violations of the law. The family of R. Ramazanov was not notified of his detention; his family was not given an opportunity to have a lawyer. No forensic drug examination was carried out. The witnesses admitted to being invited from the place not connected to the incident.

The sentence on blogger R. Ramazanov is a political order linked with his harsh criticism of the authorities, which he posted like his status in the social networks, as well as by posting respective videos in his portal in YouTube.

 

9. Tofig Rashid oglu Yagublu, in 2014 sentenced to 5 years in prison

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Tofig Yagublu, a journalist with Yeni Musavat newspaper and Deputy Chairman of Yeni Musavat Party, was arrested on February 04, 2013, on the charges under Article 233 (arranging of actions promoting violation of public order or active participation in such actions – up to 3 years in prison)and Article 315.1. (resistance to or use of force against authority – up to 3 years in prison) of the Criminal Code of Azerbaijan. On April 26, 2013 the proceeding under Article 233 of the CC was terminated and a new charge was brought under Article 220.1. (organization and participation in mass disorders – from 4 till 12 years in prison) of the Criminal Code of Azerbaijan. His commitment as a prisoner was several times extended.

The court hearing in Sheki Grave Crime Court chaired by Rashid Huseynov started on November 05, 2013. On March 17, 2014 T. Yagublu was sentenced to 5 years in prison.

 

IPD concludes

Tofig Yagublu is being accused of having incited the residents of Ismailly region to public disorder. In January 2013 the locals protested the arbitrariness of the local executive authority. Neither the investigation, nor the trial failed to present proofs of his guilt. Moreover, the defence presented proofs of his innocence through the witnesses’ statements and the video records. The sentence on T. Yagublu is politically motivated.

10. Avaz Tapdyg oglu Zeynally, in 2013 sentenced to 9 years in prison

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 Avaz Zeynally, the editor of Khural newspaper. He was arrested on October 29, 2011 charged under Article 311.3.3. (bribetaking in the large amount), Article 311.3.4. (bribetaking using threat), Article 306 (non-compliance with the court order) and Article 213-1 (tax evasion) of the Criminal Code of Azerbaijan. On March 12, 2013 Baku Court for Grave Crimes chaired by Ramella Allahverdiyeva sentenced A. Zeynally to 9 years in prison.

 

IPD concludes

The criminal case against chief editor of Khural newspaper Avaz Zeynally was launched by the Anticorruption Office of the Ministry of Internal Affairs of Azerbaijan on October 28, 2011 based on the complaint of ex-MP Guler Ahmedova.

The trial lasted for 11 months – from May 14, 2012 till March 12, 2013. The case lacked any proofs except for the statement of ex-MP Guler Ahmedova, who stated after her arrest that А Zeynally had been arrested not because of her statement. The sentence was passed contrary to Articles 6.1 and 323.5. of the Code of Criminal Procedure of Azerbaijan, Article 12(I), 28 of the AR Constitution, Article 5(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

11. Rauf Habibulla oglu Mirkadirov, under investigation

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Rauf Mirkadirov is honored Azerbaijan journalist, Gerd Bucerius laureate, correspondent of “Zerkalo” (Mirrow) newspaper. On April 19, Mirkadirov who lived since 2011 in Turkey, was detained by Turkish law-enforcement agencies and sent from Ankara to Baku by plane. Upon his arrival to Baku he was arrested and imprisoned in Pretrial Detention Center of MNS of the country on charge by Article 274 of the AR Criminal Code (“High Treason”). On April 21 2014 Nasimi District Court chose preventive punishment in a form of arrest duration of three months. On April 25 Baku Court of Appeals rejected to change prevention punishment of journalist.

 

IPD concludes:

Detention and investigation was taking place with numerous violation of legislation of AR and international law

  

II. FIVE HUMAN RIGHTS ACTIVISTS

 12. Anar Asaf oglu Mammedli, in 2014 sentenced to 5,5 years in prison

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 Anar Mammedli, the leader of NGO Election Monitoring and Democracy Studies Center (EMDSC) was detained on December 16, 2013 in the Office of Grave Offence Investigations of the Office of the Prosecutor General. He was called in by the Office for questioning.

The criminal case against EMDSC was launched on October 29, 2013 under Article 192.2.2 (illegal enterprise with profit taking in a large amount – from 1 year till 5 years in prison), Article 192.2.3 (illegal enterprise by a group of people – from 1 year till 5 years in prison), Article 213.2.1 (tax evasion by a group of people – from 3 till 7 years in prison), Article 213.2.2 (tax evasion in a large amount – from 3 till 7 years in prison) and Article 308.2 (official misconduct resulting in grave consequences or committed for influencing results of elections (referendum) – from 3 till 8 years in prison) of the Criminal Code of Azerbaijan. Apart from Anar Mammedli, Bashir Suleymanly, Executive Director of EMDSC, was also called in for questioning. He was released after the interrogation, but Anar Mammedli was arrested. The investigative agency assigned counsel to him. The same day Nasimi District Court sentenced him to 3 months in custody. On May 26, 2014 Baku Court for Grave Crimes sentenced Anar Mammedli to 5,5 years in prison.

 

IPD concludes

On December 18, 2013 the Office of the Prosecutor General made a statement saying that ‘the evidence collected at the beginning of the preliminary inquiry and according to the interim check act give grounds to suspect that in May 2013 co-founder and chairman of non-registered Election Monitoring and Democracy Studies Center Anar Asaf oglu Mammedli and Executive Director of this organization Bashir Suleyman oglu Suleymanly agreed with Elnur Akif oglu Mammedov, leader of officially registered Public Association ‘International Cooperation of Volunteers’ to execute a contract on the grant worth USD 276.010 for this association. The grant was allocated by the US National Democratic Institute’. The judicial restraint against Bashir Suleymanly and Elnur Mammedov was recognizance not to leave. The investigation is conducted by the Office of Grave Offence Investigations of the Office of the AR Prosecutor General.

According to the above statement of the Office of the Prosecutor General, the evidence for the crime committed by the mentioned civil society activists was in their agreement with the colleagues from the registered NGO and receipt of the grant … These actions surely do not violate law and rights.

The charges brought against Anar Mammedli, the leader of the NGO, under Article 308.2 (official misconduct resulting in grave consequences or committed for influencing results of elections) of the Criminal Code of Azerbaijan unambiguously proof the political order of this criminal prosecution.

The extremely rigged presidential elections held on October 09, 2013 were observed and recorded by both the OSCE Election Observation Mission and the local NGOs. EMDSC led by Anar Mammedli faithfully performed its mission by distributing the strong proof (including the video records) of the ballot rigging at the presidential elections on October 09, 2013.

Court’s verdict concerning Anar Mammedli was called «political and a major setback in the democratic development of Azerbaijan” by UK Ministry of Foreign Affairs, U.S. Helsinki Commission on OSCE, the U.S. Embassy in Azerbaijan.

 

13. Emil Balamirza oglu Mammadov, under investigation

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Emil Mamedov – HRD , the chief of NGO “Promotion of Democracy» was arrested on  May 13 on charges of extortion.

Salyan District Court on May 14 arrested him for three months on charges of extortion — Article 182.2.2 of the Criminal Code.

On June 11 Salyan District Court dismissed the application for replacement of arrest to house arrest.

IPD concludes

Emil Mamedov is persecute for his HRDs activity. NGO “ Promoting Democracy” is one of the most active civil society institutions in the southern region. His head Mammadov repeatedly publicized cases of corruption in the structures of the district authorities, as well as defended the civil rights of local residents.

This NGO was involved in several projects of web civilian control in the mining industry. All this caused severe irritation to the local authorities, who started a campaign against the activist, accusing him of anti-state activities.

The activist rejects this accusation, claiming that he is being persecuted by the order of the district leadership for exposing corruption in Salyan.

  

14. Aliabbas Rustamov,under investigation

Название скриншота : Скриншот 07.07.2014 17:30

The lawyer, head of the firm Yesaool, Aliabbas Rustamov was arrested in Baku on June 28, 2014.  He was delivered to the Anti-Corruption Department under Prosecutor General. On June 29 the Binagady Сourt arrested him for three months. Rustamov is charged under Section 312.2 (bribery).The head of LLC Prestige, Ilham Mammadov testified against Rustamov. He said that Rustamov asked him for 95,000 manat to transfer a bribe to some official.

 

IPD concludes

Aliabbas Rustamov was Mammadov’s lawyer on a case, where the businessman was accused of tax evasion. According to the relatives, the said amount was to repay the tax debt to close the criminal case against Mammadov.

The lawyer’s relatives believe Mammadov was used to obtain evidence against Rustamov.

Note that the lawyer was active in social media, where he published information on violations and corruption in the highest echelons of power.

 

15. Bashir Suleiman oglu Suleimanly, in 2014 sentenced to 3,5 years in prison

 Название скриншота : Скриншот 22.06.2014 22:00

Bashir Suleimanly, the Executive Director of NGO Election Monitoring and Democracy Studies Center (EMDSC) was detained on December 16, 2013 in the Office of Grave Offence Investigations of the Office of the Prosecutor General. He was called in by the Office for questioning.

The criminal case against EMDSC was launched on October 29, 2013 under Article 192.2.2 (illegal enterprise with profit taking in a large amount – from 1 year till 5 years in prison), Article 192.2.3 (illegal enterprise by a group of people – from 1 year till 5 years in prison), Article 213.2.1 (tax evasion by a group of people – from 3 till 7 years in prison), Article 213.2.2 (tax evasion in a large amount – from 3 till 7 years in prison) and Article 308.2 (official misconduct resulting in grave consequences or committed for influencing results of elections (referendum) – from 3 till 8 years in prison) of the Criminal Code of Azerbaijan.

Bashir Suleimanly together with Anar Mammedli, the leader of NGO EMDSC, was also called in for questioning. He was released after the interrogation buton one’s own recognizance.

On May 26, 2014 Baku Court for Grave Crimes sentenced Bashir Suleimanly to 3,5 years in prison.

 

IPD concludes

On December 18, 2013 the Office of the Prosecutor General made a statement saying that ‘the evidence collected at the beginning of the preliminary inquiry and according to the interim check act give grounds to suspect that in May 2013 co-founder and chairman of non-registered Election Monitoring and Democracy Studies Center Anar Asaf oglu Mammedli and Executive Director of this organization Bashir Suleiman oglu Suleimanly agreed with Elnur Akif oglu Mammedov, leader of officially registered Public Association ‘International Cooperation of Volunteers’ to execute a contract on the grant worth USD 276.010 for this association. The grant was allocated by the US National Democratic Institute’. The judicial restraint against Bashir Suleimanly and Elnur Mammedov was recognizance not to leave. The investigation is conducted by the Office of Grave Offence Investigations of the Office of the AR Prosecutor General.

According to the above statement of the Office of the Prosecutor General, the evidence for the crime committed by the mentioned civil society activists was in their agreement with the colleagues from the registered NGO and receipt of the grant … These actions surely do not violate law and rights.

The charges brought against Anar Mammedli and Bashir Suleimanly, the leaders of the NGO, under Article 308.2 (official misconduct resulting in grave consequences or committed for influencing results of elections) of the Criminal Code of Azerbaijan unambiguously proof the political order of this criminal prosecution.

The extremely rigged presidential elections held on October 09, 2013 were observed and recorded by both the OSCE Election Observation Mission and the local NGOs. EMDSC faithfully performed its mission by distributing the strong proof (including the video records) of the ballot rigging at the presidential elections on October 09, 2013.

Court’s verdict concerning Bashir Suleymanly was called «political and a major setback in the democratic development of Azerbaijan” by UK Ministry of Foreign Affairs, U.S. Helsinki Commission on OSCE, The U.S. Embassy in Azerbaijan.

 

16. Gurban Jalal oglu Mammedov, in 2013 sentenced to 3 years in prison

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 Gurban Mammedov is a lawyer, a human rights advocate, a member of the Democratic Party of Azerbaijan and the National Council of Democratic Forces and one of the co-founders of Huriyyet newspaper. On June 03, 2013 he was arrested under charges of the crime under Article 263.1.-1 (traffic offence and vehicle abuse – up to 3 years in prison) of the Criminal Code of Azerbaijan. Afterwards, the investigative agencies charged him also under Article 299.1 of the Criminal Code of Azerbaijan (tampering with an injured person – up to 6 months in prison). On December 06, 2013 Nasimi District Court found G. Mammedov guilty and sentenced him to 3 years in prison.

 

IPD concludes

The investigation and the trial grossly violated the criminal procedural law. Both during the investigation and the trial the injured person stated that he did not have any complaint against G. Mammedov. The sentence to G. Mammedov is a political order responding to his activities in the National Council and sharp criticism against the authorities.

 

      III .ELEVEN YOUTH ACTIVISTS

 

MEMBERS OF NIDA (CRY) AND FREE YOUTH MOVEMENTS – 11 PEOPLE

 

17. Rashadat Fikret oglu Akhundov, in 2014 sentenced to 8 years in prison.

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Rashadat Akhundov, a member of N!DA (Cry) Civil Movement, was brought to trial as a defendant on March 30, 2013 under Article 228.3. (illegal acquisition, carrying, possession and selling of arms, its parts, ammunition, explosives – from 5 to 8 years in prison) of the Criminal Code of Azerbaijan.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing. On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 8 years in prison.

 

18. Mammed Rasim oglu Azizov, in 2014 sentenced to 7,5 years in prison

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 Mammed Azizov, a member of N!DA (Cry) civil movement, was brought to trial as a defendant on March 07, 2013 under Article 234.1. (illegal acquisition and possession without the intent to distribute narcotic drugs or psychotropic substances in the quantity exceeding the required dose for personal usage – up to 3 years in prison) of the Criminal Code of Azerbaijan.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing. On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 7,5 years in prison.

 

19. Rashad Zeynalabdin oglu Hasanov, in 2014 sentenced to 7 years in prison

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Rashad Hasanov, a member of N!DA (Cry) civil movement, was brought to trial as a defendant on March 14, 2013 under Article 228.3. (illegal acquisition, carrying, possession and selling of arms, its parts, ammunition, explosives – from 5 to 8 years in prison) of the Criminal Code of Azerbaijan.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing. On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 7 years in prison.

 

20. Bakhtiyar Samandar oglu Guliyev, in 2014 sentenced to 7 years in prison

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Bakhtiyar Guliyev, a member of N!DA (Cry) civil movement, was brought to trial as a defendant on March 07, 2013 under Article 228.3. (illegal acquisition, carrying, possession and selling of arms, its parts, ammunition, explosives – from 5 to 8 years in prison) and Article 234.1. (illegal acquisition and possession without the intent to distribute narcotic drugs or psychotropic substances in the quantity exceeding the required dose for personal usage – up to 3 years in prison) of the Criminal Code of Azerbaijan.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing. On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 7 years in prison.

 

21. Zaur Araz oglu Gurbanly, in 2014 sentenced to 8 years in prison

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 Zaur Gurbanly, a member of N!DA (Cry) civil movement, was brought to trial as a defendant on April 02, 2013 under Article 228.3. (illegal acquisition, carrying, possession and selling of arms, its parts, ammunition, explosives – from 5 to 8 years in prison) of the Criminal Code of Azerbaijan.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing.  On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 8 years in prison.

 

 

22. Uzeyir Mahammed oglu Mammedli, in 2014 sentenced to 7 years in prison

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Uzeyir Mammedli, a member of N!DA (Cry) civil movement, was brought to trial as a defendant on March 30, 2013 under Article 228.3. (illegal acquisition, carrying, possession and selling of arms, its parts, ammunition, explosives – from 5 to 8 years in prison) of the Criminal Code of Azerbaijan.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing. On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 7 years in prison.

 

23.  Shahin Ibrahim oglu Novruzlu, in 2014 sentenced to 6 years in prison

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Shahin Novruzlu, a member of N!DA (Cry) civil movement, was brought to trial as a defendant on March 07, 2013 under Articles 228.3. (illegal acquisition, carrying, possession and selling of arms, its parts, ammunition, explosives – from 5 to 8 years in prison) and Article 234.1. (illegal acquisition and possession without the intent to distribute narcotic drugs or psychotropic substances in the quantity exceeding the required dose for personal usage – up to 3 years in prison) of the Criminal Code of Azerbaijan. As the charges were lodged Sh. Novruzlu was 17 years old.

On October 28, 2013 Baku Court for Grave Crimes chaired by Javid Huseynov began the hearing. On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 6 years in prison.

 

24. Ilkin Bakir oglu Rustamzadeh, in 2014 sentenced to 8 years in prison

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 On May 17, 2013 Ilkin Rustamzadeh, leader of Free Youth Organization was charged under Articles 221.2.1. and 221.2.2. (hooliganism committed by a group of people with use of force against authority – up to 5 years in prison) of the Criminal Code of Azerbaijan. The prosecution accuses I. Rustamzadeh of making and disseminating in the internet the video clip showing a Harlem Shake-style dance. The video was watched in many countries.

On May 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 8 years in prison.

 

IPD concludes

Their detention and investigation went on with numerous violations of the national and international law. The detainees were tortured.

The lawyer of accused juvenile Shahin Novruzlu stated in the court room that his defendant had been questioned without his lawful representatives (parents, or representatives of a guardianship and custodianship agency in case he does not have parents). This violated Article 101 of the Code of Criminal Procedure of Azerbaijan. But the judge did not point out the violation to the investigative agencies.

On October 28, 2013 in the course of the private session the lawyers of the accused entered several motions. One of the motions requested release of the accused from the metal cage where they are kept during the court hearing. By requesting so, the lawyers wanted to have a real possibility to defend, i.e. to consult with their defendants. Another motion requested permission for video recording in the court room. Judge Javid Huseynov denied the motions of the lawyers.

During the private session of the court on November 21, 2013 the lawyer of Ilkin Rustamzadeh informed the court that the term of the restraint (custody) of his defendant expired on November 12, 2013. I. Rustamzadeh is not released and the court has not ruled to extend his restraint. This is the violation of the constitutional provision – Article 28 (right to liberty) of the AR Constitution and Article 5(1) (right to liberty and right to security of person) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Judge Javid Huseynov also disregarded the demand to follow the Constitution.

All the actions of Judge Javid Huseynov clearly prove the politically motivated and designer case. One can easily predict the verdict of guilty.

25.Orkhan Ibrahimajdar oglu Eyubzade, under investigation

 Название скриншота : Скриншот 07.07.2014 17:33

 Orkhan Eyubzade was arrested on  May 6  for 20 days for taking part in the protest movement against sentencing  the  NIDA activists. However, after the expiration of his arrest, he was not released. He was taken to  Binagady court  who arrested him for a month under Article 315.1 (use of violence against a government representative) of the Criminal Code.  The Article provides imprisonment up to three years.

 

IPD concludes

O.Eyyubzadeh was a member of youth organisation «Musavat» and then he became the member of civil movement «N!DA». he is studying at the university in Kiev Ukraine. Became popular in social network Facebook with his criticising statuses. He was organizer of protest action against self — immolation of Karabakh war veteran Zaur Hasanov. Institution of criminal case against O. Eyyubzadeh is directly associated with his civil activities.

While being in detention center Eyyubzadeh has been exposed to bad and inhuman treatment. Examination showed  and indicated on his body serious injuries. O.Eyyubzadeh suffers from convulsion, in jail 24 times emergency ambulance was called for him. while selection the preventing punishment in the form of arrest court did not take under account medical report

26. Omar Mammedov, in 2014 sentenced to 5 years in prison

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 Omar Mammedov, the leader of Akhyn (Stream) youth movement and a member of the Civil Solidarity Party, was detained on January 24, 2014. On January 25, Saturday, the court decided to arrest Mammedov for 3 months as a restraint.

19-year-old O. Mammedov was accused under Article 234.4.3 (illegal possession and selling of narcotic drugs – up to 12 years in prison) of the Criminal Code of Azerbaijan. On July 06, 2014 Baku Court of Grave Crimes chaired by sentenced to 5 years in prison.

Omar Mammedov is the leader of the youth movement «Akhyn» («Feed») and a member of the party «Civil Solidarity.» After his arrest, he joined the NIDA Movement.

 

IPD concludes

The drug was, as usual, planted by the police. O. Mammedov even does not smoke. The real reason of the arrest of this activist is his activities in the social networks. For example, he was one of the administrators of the page «Highlights of AzTV reports» in facebook (https://www.facebook.com/pazaztv?fref=ts), which posted caricatures, collages and comments satirizing the follies of the authorities.

Omar Mammedov is the leader of the youth movement «Akhyn» («Feed») and a member of the party «Civil Solidarity.» After his arrest, he joined the NIDA Movement.

 

27. Elsever Nasreddin oglu Mursalli, in 2014 sentenced to 2 years in prison

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Elsever Mursalli, a 19-year-old resident of Khachmaz region (Ahmedoba village), an active user of social networks (Facebook), was arrested on October 03, 2013 in Khachmaz region by the Main Drug Enforcement Department of the Ministry of Internal Affairs. He was charged under Article 234.4.3 (illegal possession, transportation and sales of drugs in a large amount) of the Criminal Code of Azerbaijan. On April 03, 2014 Baku Grave Crime Court chaired by Mahmud Agalarov sentenced Elsever Mursalli to 5 years in prison adjudging him guilty under Article 234.4.3 of the Criminal Code of Azerbaijan. On July 03 Sumqayit Court of Appeals the  sentence against Mursalli  was reduced from five to two years.

 

IPD concludes

Neither the investigation, nor the trial presented any evidence for his guilt. E. MursallicriticizedtheauthoritiesofAzerbaijaninFacebook.

During the presidential elections held on October 09, 2013 he actively participated in the election campaign supporting Jamil Hasanli, a presidential candidate from the National Council of Democratic Forces (NCDF), in the northern region of the country and disseminated his campaign materials.

He posted materials from J. Hasanli’s rallies on his Facebook page and constantly ‘liked’ the speeches of the opposition activist. He wrote that when 18 he would vote for the first time for the opposition candidate.

The reason for the arrest and the sentence was the aspiration of the authorities to curb the youth in social networks. Article 234.4.3 of the Criminal Code of Azerbaijan is becoming typical for active users of social networks.

 

IV. TWO OPPOSITION ACTIVISTS

 

28. Ilgar Eldar oglu Mammedov, in 2014 sentenced to 7 years in prison

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Ilgar Mammedov is the Chairman of REAL Movement. On February 04, 2013 he was arrested on a charge of the crimes under Article 233 (organization and participation in actions disturbing public peace – up to 3 years in prison)and Article 315.1. (resistance or use of force against authority – up to 3 years in prison) of the Criminal Code of Azerbaijan. On April 26, 2013 the proceeding under Article 233 of the Criminal Code was terminated and a new charge was brought under Article 220.1. (organization and participation in mass disorders – from 4 to 12 years in prison) of the Criminal Code of Azerbaijan. The commitment of the accused as a prisoner was several times extended.

The court hearing in Sheki Grave Crime Court chaired by Rashid Huseynov started on November 05, 2013. On March 17, 2014 he was sentenced to 7 years in prison.

 

IPD concludes

Ilgar Mammedov is accused of inciting the residents of Ismailly region to public disorders. In January 2013 the residents protested the arbitrariness of the local excutive authority.

Neither the investigation, nor the court was able to prove his guilt. Moreover, the defence presented the proofs of his innocence – testimonies and video recordings. The arrest of Ilgar Mammedov is ordered and politically motivated.

 

29. Yadigar Sadykh oglu Sadykhov, in 2014 sentenced to 6 years in prison

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 Yadigar Sadykhov, the adviser to the Chairman of Musavat Party, was arrested on July 27, 2013 on a charge under Article 221.3. (hooliganism committed with use or threat of use of a weapon and an object used as a weapon – from 3 to 7 years in prison) of the Criminal Code of Azerbaijan. According to the investigators, on June 25, 2013 resident of Lenkeran city Rashid Kerimov filed an application to the police in which he stated that the same day at around 19.00 he was beaten by an unknown person in Javanshir street. He was bodily injured. According to the investigators, the hooligan who had beaten R. Kerimov was Yadigar Sadykhov, a university teacher, historian, a member of the opposition party. In January 2014 Lenkeran District Court chaired by Elchin Kazimov sentenced Y. Sadykhov to 6 years in prison.

 

IPD concludes

Neither the investigation, nor the trial was able to prove his guilt. Sadykhov was deprived of the possibility to communicate with his lawyer Khalid Bagirov, who was not allowed in the isolation ward of the police department of Lenkeran region.

- all the witnesses for the prosecution were connected with municipalities and the local executive authority. On the day of the incident they were not in the tea-house, where, according to the investigators, Sadykhov beat R. Kerimov. Their absence was confirmed by their neighbors

- the court did not grant the motion of the defense to get information from the mobile phone service operators to spot these people at the time of the incident

- the video recordings of the confrontations of Y. Sadykhov with ‘the victim’ and the witnesses were not submitted to the court. The investigation reasoned that the recordings had been destroyed due to ‘technical reasons’.

The active civic position of university teacher, opposition activist Yadigar Sadykhov, his efforts to disseminate legal and political awareness beyond the capital (for example, in the southern regions of the country) caused the trumped-up criminal proceedings against him.

 

 V. TEN BELIEVERS

 

30. Farid Nadir oglu Agayev, in 2007 sentenced to 13 years in prison

 image028

 Farid Agayev was arrested on January 15, 2007. He was sentenced to 13 years in prison by the grave crime court chaired by Anvar Seyidov on December 10, 2007 under Article 218.2 (participation in a criminal group), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state) of the Criminal Code of Azerbaijan.

 

31. Said Alekber oglu Dadashbeyli, in 2007 sentenced to 14 years in prison

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 Said Dadashbeyli was arrested on January 13, 2007, and on December 10, 2007 was sentenced to 14 years in prison by the grave crime court chaired by Anvar Seyidov under Article 218.1 (setting up a criminal community aiming at committing grave and especially grave crimes), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state), Article 274 (high treason, espionage for a foreign state), Article 28.2 (attempted robbery), Article 180.3.1, Article 204 (production and sales of counterfeit currency), Article 228 (keeping of weapon), Article 234 (possession of drugs) of the Criminal Code of Azerbaijan.

 

32. Jeyhun Saleh oglu Aliyev, in 2007 sentenced to 14 years in prison

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 Jeyhun Aliyev was arrested on January 14, 2007 and on December 10, 2007 was sentenced to 14 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state), Article 274 (high treason, espionage for a foreign state), Article 28.2 (attempted robbery), Article 180.3.1 (robbery by an organized group), Article 228 (possession of weapon) of the Criminal Code of Azerbaijan.

 

33. Rashad Ismayil oglu Aliyev, in 2007 sentenced to 14 years in prison

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Rashad Aliyev was arrested on January 13, 2007, and on December 10, 2007 was sentenced to 14 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state), Article 274 (high treason, espionage for a foreign state), Article 28.2 (attempted robbery), Article 180.3.1 (robbery by an organized group), Article 204 (production of counterfeit currency), Article 228 (possession of weapon) of the Criminal Code of Azerbaijan.

 

34. Mikail Garib oglu Idrisov, in 2007 sentenced to 12 years in prison

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Mikail Idrisov was arrested on January 13, 2007, and on December 10, 2007 was sentenced to 12 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state), Article 274 (high treason, espionage for a foreign state), Article 228 (possession of weapon) of the Criminal Code of Azerbaijan.

 

35. Jahangir Ramiz oglu Kerimov, in 2007 sentenced to 14 years in prison

 image033

Jahangir Kerimov was arrested on January 15, 2007, and on December 10, 2007 was sentenced to 14 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state), Article 274 (high treason, espionage for a foreign state), Article 28.2 (attempted robbery), Article 180.3.1 (robbery by an organized group), Article 204 (production of counterfeit currency), Article 228 (possession of drugs) of the Criminal Code of Azerbaijan.

 

36. Rasim Rafig oglu Kerimov, in 2007 sentenced to 13 years in prison

image034

Rasim Kerimov was arrested on January 18, 2007, and on December 10, 2007 was sentenced to 13 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state) of the Criminal Code of Azerbaijan.

 

37. Samir Edik oglu Gojayev, in 2007 sentenced to 13 years in prison

 image035

Samir Gojayev was arrested on January 17, 2007, and on December 10, 2007 was sentenced to 13 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state) of the Criminal Code of Azerbaijan.

 

38. Beybala Yahya oglu Guliyev, in 2007 sentenced to 13 years in prison

 image036

Beybala Guliyev was arrested on January 17, 2007, and on December 10, 2007 was sentenced to 13 years in prison by the grave crimes court chaired by Anvar Seyidov under Article 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state), Article 228 (possession of weapon) of the Criminal Code of Azerbaijan.

 

39. Emil Nuraddin oglu Mehbaliyev, in 2007 sentenced to 12 years in prison

 image037

 Emil Mehbaliyev was arrested on January 15, 2007, and on December 10, 2007 was sentenced to 12 years in prison by the grave crimes court chaired by Anvar Seyidov under Articles 218.2 (participation in a criminal gang), Article 278 (violent seizure of power and violent retention of power aiming at forced change of the constitutional system of the state) of the Criminal Code of Azerbaijan.

 

IPD concludes

On January 13-18, 2007 about 30 people were arrested in Baku in the Said Dadashbeyli case. Some of the detainees were released later under the condition to witness against the rest 11 people being kept in the National Security Ministry (MNS). The law was grossly offended already at the start of the arrest of the accused: without a court ruling, without presence of the very accused and without arrest witnesses independent from the special services, the NSM officers were breaking into the apartments of the accused and were openly planting the arms and other ‘evidence’ despite the protesting and outraged relatives. All this grossly violates Article 125 of the Criminal Code of Azerbaijan.

The first days after the arrest, none of the arrested was offered an opportunity of employing counsel. During the first seven months of the investigation none of them was delivered to court to bring charges against, to issue an arrest warrant and pass a court decision on placement in custody for the period of the investigation. This also shows the gross violation of the law. The accused were for the first time delivered to court, to the first session of the Grave Crimes Court only on September 17, 2007, in other words 8 months after the arrest!

All the investigation long and before the trial, from January 13 to December 11, 2007, the accused were put into solitary cells of the MNS and tortured. They were frequently beaten, deprived of sleep, water and food; psychotropic medication was used against them; the MNS threatened to use violence against their family members if they refused to confess as the investigation wanted. In March 2007 one of them, Emin Mammedov, died of brutal torture. His death was medically certified of the causes. During several months his parents and the public were not informed about his death. His family was threatened with new repressions should they turn to human rights defenders and even get the public to question the whereabouts of killed Emin Mammedov. When the lawyer inquired about his whereabouts of investigated E. Mammedov, the MNS replied that they did not know anything about this person – he was allegedly never taken to the MNS. Moreover, the name of Emin Mammedov was never mentioned during the court hearings. He disappeared completely for the court and the public.

The trial was closed. Even the relatives were not allowed in! But according to Article 200 of the Code of Criminal Procedure of Azerbaijan, a court hearing can be closed and non-public when a state secret is available. But the indictment does not mention a state secret, nor does it refer to Article 200 of the Code of Criminal Procedure of Azerbaijan to ground the closed hearing. Therefore, the closed hearing of the case was illegal and added to gross violation of law. In the course of the trial, the accused flatly denied all the charges, told about the tortures and other abusive treatment they suffered. As it turned out during the trial, many of the accused of creating a underground terrorist organization in fact did not even know each other! None of the charges was proved. But the trial, however, ended in the victory of the prosecution.

 

 

VI. TWO RELIGIOUS LEADERS

 

40. Taleh Kamil oglu Bagirzadeh, in 2013 sentenced to 2 years in prison

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 Taleh Bagirzadeh was arrested on March 31, 2013, and on November 01, 2013 was sentenced to 2 years in prison under Article 234.1. (illegal acquisition or possession of narcotic drugs without the intent to sell) of the Criminal Code of Azerbaijan.

 

IPD concludes

Renowned theologian Taleh Bagirzadeh gained his big popularity thanks to his sermons in the country’s mosques; the people videotaped his sermons and posted on the Internet. Especially popular were his speeches on the socio-political issues, where he was fiercely critical of the policies of the current authorities of Azerbaijan, particularly the religious policy. As a result, he was arrested on May 06, 2011 for the participation in the protest rally against the ban to hijab. In December 2011 he was sentenced to 1.5 year as ‘a ruffian’. On November 06, 2012 he went at large and anew started his public speeches full of fierce criticism of the authorities. In response, the authorities shut down the mosques where he had appeared. This triggered numerous protests of Muslims in Baku and around it. Then the authorities arrested the theologian, now as ‘a drug addict’, and tortured him during the investigation. The arrest of the renowned theologian, now as ‘a drug addict’, provoked protests of Muslims and then the Ministry of Internal Affairs changed its accusations: at first, they stated that Bagirzadeh had been arrested not as a drug addict, but for the attempted arson of the villa of a famous woman-singer. Later, the Ministry again changed its statement saying that Bagirzadeh had allegedly plotted to fire the Mayor’s Office in Baku through his accomplices. Nevertheless, the drug topic again appeared during the trial, although Bagirzadeh openly stated that he is a believer and does not use drugs or cigarettes, and that the drugs had been planted on him and that he was prosecuted for his criticism of the official religious policy of the authorities.

 

41. Movsum Mardan oglu Samedov, in 2011 sentenced to 12 years in prison

 image039

 Movsum Samedov was arrested on January 07, 2011. On October 07, 2011 he was sentenced to 12 years in prison by the grave crimes court under Article 28 (preparation for crime), Article 214.2.1 (act of terror committed by a group of people by previous concert), Article 214.2.3 (use of firearms), Article 228.3 (illegal acquisition, transfer, sales, possession, transportation or carrying of firearms and ammunition), Article 278 (violent seizure of power) of the Criminal Code of Azerbaijan.

 

IPD concludes

The authorities arrested him because of the video speech of the leader of the Islamic Party of Azerbaijan Movsum Samedov. On January 02, 2011 the video was posted on the Internet showing the leader appearing at the party board where he criticized in harsh terms President Ilham Aliyev. M. Samedov accused the President of demolishing the country’s mosques, attempted ban of azan (call for prayer) and persecuting women for wearing hijab. He also accused the President of creating the cult of personality of his father Heydar Aliyev in Azerbaijan and of having created an oppressive regime. Five days later the authorities responded by arresting the leader of Islamic party and many of his party mates. The law-enforcement agencies ‘found’ the weapon in their houses, and this sparked off the arrest and the accusation of plotting an act of terror and the coup. Samedov and the others refuted all the accusations and openly stated at the trial that the accusations were absurd, that the weapon had been planted by the law-enforcement agencies, and that all the arrested had been tortured during the investigation. The prosecution failed to establish the fact of preparation for the act of terror and the coup. Nevertheless, the court found the claims of the prosecution to be weighty and sentenced them to long terms.

  

68 POLITICAL PRISONERS

                                                                                                                              

      I. SIX FORMER PUBLIC OFFICIALS

 

42. Ali Binnat oglu  Insanov, in 2006 sentenced to 11 years in prison

 image041

 Ali Insanov, Ex-Health Minister, was arrested in October 2005 on the charge of attempted coup d’état. In April 2007 Baku Grave Crimes Court sentenced him to 11 years in prison on the charges of bribetaking, abuse of power and a number of economic crimes.

 

IPD concludes

On March 14, 2013 the European Court on Human Rights adopted a decision on violation of the rights of Insanov. ECHR admitted the violation of his rights under Article 3 (prohibition of torture) and Article 6 (right to a fair trial) of the European Convention on Human Rights. ECHR obligated the Government of Azerbaijan to compensate €10.000 to Insanov.

Following the ECHR decision, on November 15, 2013 the Plenum of the Supreme Court of Azerbaijan forwarded the case of Insanov to Baku Court of Appeals for reconsideration.

On January 17, 2014 Baku Court of Appeals started the second trial of the case. The Ex-Minister was placed in the soundproof ‘aquarium’ in the court room. As soon as Insanov was criticizing, the presiding judge was switching off the microphone. The court ignored the numerous complaints of Insanov about lack of air in the ‘aquarium’ and poor audibility. On February 25, 2014 Baku Court of Appeals left the original sentence to 11 years in prison standing. The Government of Azerbaijan did not fulfill the decision of ECHR regarding Insanov. The second court trial violated the rights of Ali Insanov under Article 6 of the ECHR.

 

43. Nijat Amir oglu Guliyev, in 2014 sentenced to 3 years in prison

 image042

 Nijat Guliyev, Ex-Minister of Foreign Economic Relations, was arrested in the evening of August 07, 2013 by the MNS in the street near his villa in Novkhany village. He was taken to the MNS and prosecuted under Article 228.1 (illegal acquisition, transfer, sales, possession, transportation or carrying firearms, their component parts, ammunition, explosives or explosive devices) of the Criminal Code of Azerbaijan. On April 02, 2014 his trial was finished in Absheron District Court which found him guilty under Article 228.1 and sentenced him to 3 years in prison.

ThisisthemaximumsentenceundertheArticle. Guliyev traversed the accusation, calling it fabricated and the trial ordered.

 

IPD concludes

On the evening of August 07, 2013 N. Guliyev was taken to the MNS and was not allowed to inform his family waiting for him about the detention. At the same time about 20 officers of the MNS jumped over the fence and rushed into the villa of the Ex-Minister. Most of them were in masks and armed. They took the cell phones from his family members. They were not allowed to go out. Without any explanations, the MNS officers seized the documents and computers with personal files of N. Guliyev and his family, photos and videos, the steel safe box. During the search, the family members were not able to control and observe the actions of the MNS officers searching in the villa yard and other utility rooms. They stated that they had found the weapon in the utility room and in Guliyev’s car. But the latter fervently denied this statement saying that they had searched his car without his presence and the weapon had been planted. In protest, Guliyev withheld evidence.

52-year old native of Armenia Nijat Guliyev had held the post of the Minister of Foreign Economic Relations of Azerbaijan in 1993-1995. After retirement late 1990’s he worked as an advisor to the former President of Adzharia Aslan Abashidze till mid of 2000’s. He also supervised the project on construction of the tunnel between Adzharia and Turkey. After retirement of Abashidze, Guliyev returned to Azerbaijan and ran business in Azerbaijan and Turkey. In October 2005 Nijat Guliyev and other top officials were arrested on the charge of coup d’état. His name appeared in the case of the arrested Finance Minister Fikret Yusifov, but two weeks later Guliyev was released.

His sentence is politically motivated. Guliyev supported film writer Rustam Ibragimbeyov, a presidential candidate from the opposition in the 2013 elections, and the National Council of Democratic Forces initiated by the opposition.

 

44. Asif Aydin oglu Latifov, in 2013 sentenced to 5 years in prison. In 2014 SC gave 4,5  years in prison

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 Asif Latifov, Senior Lieutenant of the Special State Guard Service of Azerbaijan (SSGSA) under the President, was arrested on August 29, 2012 and accused under Article 228 (keeping of weapon) and Article 232 (abuse of power) of the Criminal Code of Azerbaijan. On January 29, 2013 he was sentenced to 5 years in prison by the military tribunal. His lawyer is Farzali Ibragimov. 27 March 2014 Supreme Court gave A.Latifov 4,5 years in prison.

 

IPD concludes

After 17 years of his service Senior Lieutenant Asif Latifov was transferred to the reserve in March 2011. According to the official cause of his transfer, on March 05, 2011 A. Latifov found a bullet of his comrade-in-arms (Emin Alekberov) and handed the bullet over to the inspection, not to his commander.

4 days later, A. Latifov was dismissed under the Article on non-conformity. All his attempts to get court to help him stay at work failed. 1 year and 3 months later after dismissal, Latifov publicly criticized the corrupt actions of his former head, Colonel Fikret Rzayev, who was a relative to Colonel General Beylar Eyyubov. A. Latifov started writing that Hajji Mammedov (a top officer of the Ministry of Internal Affairs, sentenced for killing and abduction of many people) had been linked with the leadership of SSGS and Ramiz Mehdiyev, the Chief of Presidential Administration. And they did not forget the story of the bullet and accused Latifov of stealing it. Neither the investigation, nor the trial failed to prove or witness the stealing of the bullet.

 

45. Akif Shamsaddin oglu Muradverdiyev, in 2013 sentenced to 4 years in prison

 image044

Akif Muradverdiyev, the Ex-Chief of the Department of Presidential Affairs and the Ex-MP, was detained on June 20, 2013 during departure from the Baku airport to Moscow. He was detained on the charge of smuggling of 40 golden coins of tsarist Russia (Article 206.1 of the Criminal Code of Azerbaijan).

On December 13, 2013 Khazar District Court of Baku city sentenced 65-year-old A. Muradverdiyev to 4 years in prison.

 

IPD concludes

In October 2005 Akif Muradverdiyev was arrested together with a group of top officials on the charge of attempted coup d’état. OnOctober 31, 2006 hewassentencedto 6 yearsinprison. OnJanuary 15, 2008 hewasreleasedonparoleonthedecisionoftheSupremeCourtofAzerbaijan. However, the reviving opposition in 2013 – the presidential year – made the authorities fear and some former public official in contact with the opposition were arrested.

 

46. Neymat Ahad oglu Panahly, in 2011 sentenced to 6 years in prison

 image045

Neymat Panahly worked in the administration of President Heydar Aliyev in the 90’s. he was detained on January 08, 2011 under Article 221.3 (hooliganism committed with use or threat of use of a weapon and an object used as a weapon – from 3 to 7 years in prison) and Article 127.2.3 (deliberate causing of minor serious harm to health in publicly dangerous way committed for ruffian-like intention) of the Criminal Code of Azerbaijan. On June 17, 2011 Nasimi District Court of Baku city sentenced him to 6 years in prison.

 

IPD concludes

ThecriminalcaseagainstPanahlywasopenedfollowingthecomplaintofcitizenEldarRzayev. He stated that Panahly had inflicted bodily injury on him when he demanded that he return the money for the sold non-runner vehicle.

In his cassation to the Supreme Court, Panahly denied the charged crime and stated that he was prosecuted on political grounds for severe criticism of the authorities. His lawyer Elchin Aliyev stated that ‘the decisions of both judicial instances were made based on the testimony of only one witness, whose assertions were not convincing’. N. Panahly criticized the ruling family in the mass media after he had not received a promised deputy’s seat in the 2010 parliamentary elections. On January 08, 2011 the former mate of Heydar Aliyev received ‘a response’ to his criticism.

 

47. Babek Bahtiyar oglu Adaletli, in 2014 sentenced to 2 years in prison

 image046

 BabekAdaletli, adoctorwithexperienceinmanystatemedicaltreatmentfacilities, wasarrestedonMay29, 2013 bytheOrganizedCrimeDivisionoftheARMinistryofInternalAffairs. He is accused under Article 234.4.3 (illegal acquisition and possession with the intent to distribute narcotic drugs or psychotropic substances in the quantity exceeding the required dose for personal usage – from 5 to 12 years in prison) of the Criminal Code of Azerbaijan.

The court trial is being held in Baku Grave Crime Court chaired by Azer Orujev.

On May 20, 2014 Baku Court for Grave Crimes chaired by Azer Orujev sentenced  Babek Adaletli to 2 years in prison.

 

IPD concludes

When arrested, B. Adaletli (born in 1953) was badly beaten (based on the records of the medical examination) in order to force his confession to the crime of possessing a large amount of drugs. During the investigation and the trial B. Adaletli and his family members have been assaulted. His lawyer is Elchin Sadykhov.

 

      II. TWO POLITICAL VICTIMS

 

48. Elshan Ismailly, in 2014 sentenced to 5.5 years in prison

Название скриншота : Скриншот 22.06.2014 21:39

 E. Ismailly was arrested in February 2013 on the charge of participation in public protests in Ismailly region and is accused under Article 233 (organization in actions disturbing public peace or active participation in such actions – up to 3 years in prison)and Article 315.1. (resistance to or use of force against authority – up to 3 years in prison) of the Criminal Code of Azerbaijan.

The court hearing in Sheki Grave Crime Court chaired by Rashid Huseynov started on November 05, 2013. On March 17, 2014 E. Ismailly was sentenced to 5.5 years in prison.

 

IPD concludes

The charges against E. Ismailly have not been proved, nor have the charges against other participants of the trial in Sheki city (see Case No 10 of Tofig Yagublu and Case No 28 of Ilgar Mammedov). E. Ismailly was arrested because his brother is a regional correspondent of Azadlyg opposition newspaper.

 

49. Elnur Rafiq oglu Seyidov, in 2013 sentenced to 7.5 years in prison

Elnur Seyidov, Deputy Head of Yasamal Branch of Texnikabank, was arrested on March 27, 2012, by the MNS. He was charged under Article 178.3.1 (swindling committed by an organized group), Article 178.3.2 (swindling with heavy damage), Article 179.3.1 (large embezzlement), Article 308.2 (abuse of office), Article 313 (forgery in public office), Article 320.2 (falsification of stamps and documents) of the Criminal Code of Azerbaijan.

On October 29, 2013 Baku Grave Crime Court chaired by Ramella Allahverdiyeva sentenced him to 7.5 years in prison.

 

IPD concludes

The investigation was carried out by the MNS, which is against the law, because the investigation under the mentioned article shall be carried out by the Prosecutor’s Office or the Ministry of Internal Affairs. TheprosecutionmaterialsdidnotestablishguiltofSeyidov. In March 2013 a group of the officials of Technikabank was arrested, but only E. Seyidov was kept in the MNS throughout the investigation till the trial. The accusations against Seyidov are fabricated and politically motivated. The reason is that Seyidov is a brother-in-law of Ali Keremli, the chairman of opposition People’s Front Party.

     III. 41 RELIGIOUS ACTIVISTS

 

THE CASES OF THE PARTICIPANTS OF THE RALLY ON FEBRUARY 13, 2010 – 2 PEOPLE

 

50. Elmar Ramiz oglu Samedov, in 2010 sentenced to 4.5 years in prison

Elmar Samedov was arrested on February 13, 2010; on November 01, 2010 he was sentenced to 4.5 years in prison under Article 315.2 (resistance to authority) and Article 221.3 (hooliganism committed with use of objects used as a weapon) of the Criminal Code of Azerbaijan.

 

51. Agali Eldar oglu Yahyayev, in 2010 sentenced to 4.5 years in prison

 Agali Yahyayev was arrested on February 13, 2010; on November 01, 2010 he was sentenced to 4.5 years in prison under Article 315.2 (resistance to authority) and Article 221.3 (hooliganism committed with use of objects used as a weapon) of the Criminal Code of Azerbaijan.

 

IPD concludes

On February 13, 2010 on the day of decease of the Prophet Muhammad a small group of the congregation of Shia mosque Hajji Sultanali (60-70 people) in Baku right after the prayer in the mosque attempted to march to the Martyrs’ Memorial Park. But the police stood in the way of the demonstrators and forbade the march. But some believers refused to obey the police’s demand and they were detained. Most of them (16 people) were fined and released later, but 3 were arrested as instigators of the unsanctioned rally and resistance to the authority. Neither the investigation, nor the trial considered any statement or demand of the defense; the court considered only the information from the prosecution.

 

 

THE MEMBERS OF THE ISLAMIC PARTY – 4 PEOPLE

 

52. Faramiz Zeynal oglu Abbasov, in 2011 sentenced to 11 years in prison

 image047

Faramiz Abbasov was arrested on January 24, 2011; on October 07, 2011 he was sentenced to 11 years in prison under Article 28 (preparation to a crime), Article 214.2.1 (act of terror committed by a group of people by previous concert), Article 214.2.3 (use of firearms), Article 228.3 (illegal acquisition, transfer, sale, possession, transportation or carrying firearms and ammunition), Article 278 (violent seizure of power) of the Criminal Code of Azerbaijan.

 

53. Ruhulla Hojatullah Akhundzadeh, in 2011 sentenced to 11.5 years in prison

 image048

Ruhulla Akhundzadeh was arrested on January 22, 2011; on October 07, 2011 he was sentenced to 11.5 years in prison under Article 28 (preparation to a crime), Article 214.2.1 (act of terror committed by a group of people by previous concert), Article 214.2.3 (use of firearms), Article 228.3 (illegal acquisition, transfer, sale, possession, transportation or carrying firearms and ammunition), Article 278 (violent seizure of power) of the Criminal Code of Azerbaijan.

 

54. Firdovsi Teymur oglu Mammedrzayev, in 2011 sentenced to 10 years in prison

 Firdovsi Mammedrzayev was arrested on January 11, 2011; on October 07, 2011 he was sentenced to 10 years in prison under Article 28 (preparation to a crime), Article 214.2.1 (act of terror committed by a group of people by previous concert), Article 214.2.3 (use of firearms), Article 228.3 (illegal acquisition, transfer, sale, possession, transportation or carrying firearms and ammunition) of the Criminal Code of Azerbaijan.

 

55. Dayanat Alesger oglu Samedov, in 2011 sentenced to 11 years in prison

 Dayanat Samedov was arrested on January 08, 2011; on October 07, 2011 he was sentenced to 11 years in prison under Article 28 (preparation to a crime), Article 214.2.1 (act of terror committed by a group of people by previous concert), Article 214.2.3 (use of firearms), Article 228.3 (illegal acquisition, transfer, sale, possession, transportation or carrying firearms and ammunition), Article 278 (violent seizure of power) of the Criminal Code of Azerbaijan. He is brother to M. Samedov, the Chairman of the Islamic Party.

 

IPD concludes

The four members of the Islamic Party were named in the case together with Movsum Samedov, the Chairman of the party (see M. Samedov listed 39).

 

ARRESTED DURING ‘FREEDOM TO HIJAB’ ACTION ON OCTOBER 05, 2012 – 19 PEOPLE

 

56. Ruhid Nariman oglu Abbasov, arrested on October 05, 2012; on June 04, 2013 he was sentenced to 2 years in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

 

57. Khudaverdi Yashar oglu Abdullayev, arrested on October 05, 2012; on May 20, 2013 he was sentenced to 2 years in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

 

58. Tarlan Faig oglu Agadadashov, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 5.5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

image049

 

59. Rovshan Faig oglu Allahverdiyev, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 5.5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

60. Arif Boyukaga Fataliyev, arrested on October 05, 2012; on June 03, 2013 he was sentenced to 2 years in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

 

61. Nasimi Yusif oglu Hasanov, participated in the protest rally on October 05, 2012. He was arrested the same day evening when the police took him from home; on the way to the police station, they planted the weapon and drug on him in the police car; on July 23, 2013 he was sentenced to 4 years in prison under Article 228 (keeping of weapon) and Article 234.1. (illegal acquisition or keeping narcotic drugs without the intent to sell) of the Criminal Code of Azerbaijan.

 image050

 

62. Ilham Bahman oglu Hatamov, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 5.5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

63. Davud Tarlan oglu Kerimov, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 6 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

 64. Anar Asger oglu Gasymov, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 5.5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

 

65. Nahid Nasib oglu Gahramanov, arrested on October 05, 2012; on October 21, 2013 he was sentenced to 4 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

image051

 

66. Jeyhun Garyagdy oglu Guliyev, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

 

67. Miraday Mursal oglu Guliyev, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

 

68. Vahid Yusif oglu Lalakishiyev, arrested on October 05, 2012; on June 03, 2013 he was sentenced to 2 years in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

69. Aydyn Janbakhysh oglu Mammedov, arrested on October 05, 2012; on June 04, 2013 he was sentenced to 2 years and 3 months in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

 

70. Elshad Fikret oglu Rzayev, arrested on October 05, 2012; on June 03, 2013 he was sentenced to 6 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

image053

 71. Telman Shirali oglu Shiraliyev, arrested on October 05, 2012; on April 22, 2013 he was sentenced to 6 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

72. Bayramali Gurbanali oglu Valishov, arrested on October 05, 2012; on June 04, 2013 he was sentenced to 2 years in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

73. Dadash Tofig oglu Veliyev, arrested on October 05, 2012; on June 04, 2013 he was sentenced to 2 years in prison under Article 233 (organization or active participation in actions disturbing public peace) of the Criminal Code of Azerbaijan.

74. Ramil Rahim oglu Veliyev, arrested on October 05, 2012; on June 03, 2013 he was sentenced to 6.5 years in prison under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan.

 

IPD concludes

On October 05, 2012 about 200 believers arranged a protest rally in the capital of Azerbaijan in front of the Education Ministry protesting the ban to hijab in schools. Thepolicedispersedtheprotestersusingforceagainstthem. About 40 participants of the protest were prosecuted under Article 233 (organization or active participation in actions disturbing public peace) and Article 315.2 (resistance to the police with the use of force threatening life and health) of the Criminal Code of Azerbaijan. The terms exceeding 2 years for most of them clearly point to the political order of the sentences. Currently 36 peopleareimprisoned.

 

BELIEVERS PROSECUTED JOINTLY WITH JOURNALIST NIJAD ALIYEV – 9 PEOPLE

 

75. Valeh Mammedaga oglu Abdullayev, in 2013 sentenced to 8 years in prison

 Valeh Abdullayev was arrested in May 2012; on December 09, 2013 he was sentenced to 8 years in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group), Article 281.2 (public calls for violent seizure of power, violent retention of power or violent change of the constitutional) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

76. Gorkhmaz Husein oglu  Jamalov, in 2013 sentenced to 7 years in prison

Gorkhmaz Jamalov was arrested in May 2012; on December 09, 2013 he was sentenced to 7 years in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group), Article 234 (illegal acquisition or keeping narcotic drugs with no intent to sell), Article 281.2 (public calls for violent seizure of power, violent retention of power or violent change of the constitutional) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

77. Ali Etibar oglu Aliyev, in 2013 sentenced to 4 years in prison

 Ali Aliyev was arrested in May 2012; on December 09, 2013 he was sentenced to 4 years in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

78. Elimkhan Gurbankhan oglu Huseynov, in 2013 sentenced to 7 years in prison

 Elimkhan Huseynov was arrested in May 2012; on December 09, 2013 he was sentenced to 7 years in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

79. Samir Khanpasha oglu Huseynov, in 2013 sentenced to 6 years in prison

Samir Huseynov was arrested in May 2012; on December 09, 2013 he was sentenced to 6 years in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group), Article 228 (illegal acquisition, transfer, sale, possession, transportation or carrying firearms and ammunition), Article 278 (violent seizure of power) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

80. Safar Rovshan oglu Mammedov, in 2013 sentenced to 3 years and 4 months in prison

Safar Mammedov was arrested in May 2012; on December 09, 2013 he was sentenced to 3 years and 4 months in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

81. Elvin Nuraddin oglu Nasirov, in 2013 sentenced to 9 years in prison

Elvin Nasirov was arrested in May 2012; on December 09, 2013 he was sentenced to 9 years in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group), Article 234 (illegal acquisition or keeping narcotic drugs with no intent to sell) and Article 283 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

82. Jeyhun Zabil oglu Safarli, in 2013 sentenced to 9 years and 4 months in prison

 Jeyhun Safarli was arrested in May 2012; on December 09, 2013 he was sentenced to 9 years and 4 months in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group), Article 234 (illegal acquisition or keeping narcotic drugs with no intent to sell), Article 281.2 (public calls for violent seizure of power, violent retention of power or violent change of the constitutional) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

83. Emin Yadigar oglu Tofidi, in 2013 sentenced to 3 years and 2 months to prison

 Emin Tofidi was arrested in May 2012; on December 09, 2013 he was sentenced to 3 years and 2 months in prison under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

 

IPD concludes

In May 2012, 9 people were arrested together with Nijat Aliyev, the chief editor of religious website azadxeber.org (see listed 4). All of them were charged of creating an organized criminal group, inciting interreligious hatred and calls for power seizure. They were sentenced under Article 167-2.2.1 (dissemination of religious literature without a permission by a group of people by previous concert or by an organized group), Article 281.2 (public calls for violent seizure of power, violent retention of power or violent change of the constitutional) and Article 283.2.2 (incitement of ethnic, racial, social and religious hatred and enmity by using his position) of the Criminal Code of Azerbaijan.

In reality many of them even did not know each other before the arrest; the accused told the court that they had been tortured during the investigation. They fell victims to the political repressions after the protests in the Internet and social networks against the Eurovision Song Contest held in Baku.

 

 

BELIEVERS PROSECUTED JOINTLY WITH JOURNALIST ARAZ GULIYEV

IN MASSALY REGION – 7 PEOPLE

 

 

84. Rza Gorhmaz oglu Agali, in 2013 sentenced to 7 years in prison

 image054

 Rza Agali was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 7 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority), Article 324 (insulting actions against the flag and coat-of-arms of Azerbaijan) of the Criminal Code of Azerbaijan.

 

85. Suradj Valeh oglu Agayev, in 2013 sentenced to 5 years in prison

image055

Suradj Agayev was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 5 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority) of the Criminal Code of Azerbaijan.

 

86. Nijat Yashar oglu Aliyev, in 2013 sentenced to 4.5 years in prison

 Nijat Aliyev was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 4,5 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority) of the Criminal Code of Azerbaijan.

 

87. Khalid Nofal oglu Kazymov, in 2013 sentenced to 8 years in prison

image056

Khalid Kazymov was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 8 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority), Article 324 (insulting actions against the flag and coat-of-arms of Azerbaijan) of the Criminal Code of Azerbaijan.

88. Namig Alisa oglu Kishiyev, in 2013 sentenced to 4.5 years in prison

 image057

 Namig Kishiyev was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 4.5 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority)

 

89. Ziya İbrahim oglu Tahirov, in 2013 sentenced to 7 years in prison

 image058

 Ziya Tahirov was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 7 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority), Article 324 (insulting actions against the flag and coat-of-arms of Azerbaijan) of the Criminal Code of Azerbaijan.

 

90. Vusal Guliyev, in 2013 sentenced to 3.5 years in prison

 Vusal Guliyev was arrested on September 08, 2012; on April 05, 2013 he was sentenced to 3.5 years in prison under Article 228.1 (illegal carrying, keeping and transportation of firearms), Article 233 (organization and participation in actions disturbing public order), Article 283.1 (incitement of ethnic and religious hatred), Article 315.2 (resistance to authority) of the Criminal Code of Azerbaijan.

 

IPD concludes

On September 08, 2012, 7 believers were arrested together with journalist Araz Guliyev (listed 7) during the rally in Masally city. Atfirst, theywereaccusedofhooliganism(Article221.2 oftheCriminalCode). Later, new articles were added: Article 233 (disturbance of public peace), Article 283 (incitement of ethnic hatred) and Article 315.2 (resistance to the police with use of force). Besides, somewereaccusedofkeepingdrugs. On April 05, 2013 Lenkeran Grave Crime Court found all of them guilty and sentenced to various terms of imprisonment. Neither the investigation, nor the trial proved the guilt of the accused under the Articles of the Criminal Code of Azerbaijan.

 

      IV. BELIEVERS – 3 PEOPLE

 

 

91. Royal Asgerov, in 2013 sentenced to 4.5 years in prison

 image059

RoyalAsgerovwasarrestedonApril 02, 2013. According to the official version of the Ministry of Internal Affairs and the Office of the Prosecutor’s General, he had attempted to set fire to the building of the Baku Mayor’s Office to protest the arrest of theologian Taleh Bagirzadeh. On October 29, 2013 Royal Asgerov was sentenced to 4.5 years in prison under Article 186.2.2 (deliberate destruction or damage of other person’s property by means of arson, explosion or any other publicly dangerous means with grave consequences) of the Criminal Code of Azerbaijan.

 

IPD concludes

The only witness of this ‘crime’ of Royal Asgerov was Kamran Seyidov, who committed suicide on September 26, 2013. Before the suicide he had disseminated a letter in social networks disclosing the reason to the suicide – in April 2013 he had given false evidence against Bahtiyar Gurbanov and Royal Asgerov in the Directorate for Combating Organized Crime of the Ministry of Internal Affairs. Kamran Seyidov wrote that he had not borne the torture and given false evidence. No other evidence except for Seyidov’s was presented to prove guilt of R. Asgerov.

 

 

92. Bahtiyar Yashar oglu Gurbanov, in 2013 sentenced to 4.5 years in prison

 image060

BahtiyarGurbanovwasarrestedonApril 02, 2013. According to the official version of the Ministry of Internal Affairs and the Office of the Prosecutor’s General, he had attempted to set fire to the building of the Baku Mayor’s Office to protest the arrest of theologian Taleh Bagirzadeh. On October 29, 2013 Bahtiyar Gurbanov was sentenced to 4.5 years in prison under Article 186.2.2 (deliberate destruction or damage of other person’s property by means of arson, explosion or any other publicly dangerous means with grave consequences) of the Criminal Code of Azerbaijan.

 

IPD concludes

The only witness of this ‘crime’ of Bahtiyar Gurbanov was Kamran Seyidov, who committed suicide on September 26, 2013. Before the suicide he had disseminated a letter in social networks disclosing the reason to the suicide – in April 2013 he had given false evidence against Bahtiyar Gurbanov and Royal Asgerov in the Directorate for Combating Organized Crime of the Ministry of Internal Affairs. Kamran Seyidov wrote that he had not borne the torture and given false evidence. No other evidence except for Seyidov’s was presented to prove guilt of B. Gurbanov.

 

93. Abgul Neymat oglu Suleymanov, in 2012 sentenced to 11 years in prison

 image061

 Abgul Suleymanov, the leader of Jafari Heyyat (Life of Jafar) religious congregation, was arrested on August 12, 2011 on the charge of «hostile activity against Azerbaijan, aiding to a foreign state and its representatives, abetting to disorders, public security and civil disobedience». On August 10, 2012, the grave crime court convicted him under Article 228.1 (illegal acquisition, possession, carrying of firearms and ammunition), Article 234 (illegal acquisition, keeping and carrying of narcotic drugs) and Article 283.2.1 (incitement of religious hatred) and sentenced him to 11 years in prison.

 

IPD concludes

In the course of the investigation and the trial Suleymanov stated the falsification of the charges brought against him, saying that both the weapon and the drugs had been planted by the police. A. Suleymanov is a victim of the political repressions against the popular religious figures.

 

 

LIFE-TERM PRISONERS – 16 PEOPLE

 

THE FORMER OFFICERS OF THE SPECIAL POLICE FORCE – 6 PEOPLE

 

94. Elchin Samed oglu Amiraslanov, in 1996 sentenced to life term

95. Arif Nasir oglu Kazimov, in 1996 sentenced to life term

96. Dayanat Kerim oglu Kerimov, in 1994 sentenced to life term

97. Hasan Huseyn oglu Mustafayev, in 1996 sentenced to life term

98. Safa Alim oglu Poladov, in 1996 sentenced to life term

99. Aliyusif Damat oglu Tahirov, in 1996 sentenced to life term

 

FORMER MEMBERS OF MILITARY DETACHED UNIT ‘GARANGUSH’ – 3 PEOPLE

 100. Intigam Yusif oglu Gaibov, in 1996 sentenced to life term

 101. Sahib Huraddin oglu Mammedaliyev, in 1993 sentenced to life term

 102. Yashar Khasay oglu Shahmuradov, in 1993 sentenced to life term

 

CONVICTED IN THE CASE OF EX-PRIME MINISTER SURET HUSEYNOV – 6 PEOPLE

 

103. Rashid Nurulla oglu Ismayilov, in 1998 sentenced to life term

 104. Karamat Pasha oglu Kerimov, in 1997 sentenced to life term

 105. Elshad Teyyub oglu Mustafayev, in 1995 sentenced to life term

 106. Magsad Teyyub oglu Mustafayev, in 1995 sentenced to life term

 107. Magsud Vagif oglu Huseynov, in 1994 sentenced to life term

 108. Vagif Rza oglu Huseynov, in 1994 sentenced to life term

 

OTHERS

109. Rahib Shaval oglu Mahsimov, in 1994 sentenced to life term

IPD concludes

The new Criminal Code of Azerbaijan came into effect in 2000 prescribing the life term, unlike the previous Code which carried only the capital punishment and the maximum term of 15 years in prison. Therefore, all death convicts sentenced before 2000 should have been retried; it is illegal to commute from the death punishment to life imprisonment without a court trial and court sentence.