New informationAZE 001/0808/OBS 139.7
Death in detention/Impunity
Azerbaijan
February 2, 2010
New information:
The Observatory has been informed by reliable sources about the trial that followed the death in detention of human rights defender Novruzali Mammadov, a fervent defender of the cultural rights of the Talysh people, an ethnic minority living in the south of Azerbaijan[1].
According to the information received, on January 27, 2010, the Nasimi District Court decided not to fulfil the lawsuit filed by Ms. Maryam Mammadova and Mr. Emil Mammadov, respectively the widow and son of Mr. Novruzali Mammadov, against the Ministry of Finance, the Justice Ministry’s Penitentiary Services, the Chief Medical Office of the Justice Ministry, the High Security Colony No15 and the Penitentiary Service’s Treatment Facility regarding Mr. Mammadov’s death in detention (See background information).
On November 25, 2009, the plaintiffs’ lawyer had filed a motion to conduct a medical examination to determine the adequacy of Mr. Mammadov’s treatment with his diagnosis. The hearing before the Nasimi District Court was postponed until the result of the examination, which came out on January 26, 2010, stating that Mr. Mammadov’s diagnosis did correspond with his treatment.
The plaintiffs’ lawyer will appeal against the decision of the Nasimi District Court.
The Observatory calls for the full respect of fair trial standards in appeal to the aforementioned decision, and urges the authorities of Azerbaijan to order a thorough and impartial investigation into Mr. Novruzali Mammadov’s death, in order to identify all those responsible, bring them before a civil, competent and impartial tribunal and apply to them the penal sanctions provided by the law.
The Observatory further calls upon the Commissioner for Human Rights of the Council of Europe (CoE) to act in accordance with OP 4 of the CoE Declaration on Human Rights Defenders, and to urge the Republic of Azerbaijan to comply with its duties under the terms of the above-mentioned Declaration and to abide by the provisions of the European Convention on Human Rights.
The Observatory also urges the European Commission Delegation as well as European Union (EU) Member-States embassies in Azerbaijan to urge the authorities of Azerbaijan to comply with the relevant international norms and standards, and to report on all breaches of human rights standards.
Background Information:
On February 2, 2007, Mr. Novruzali Mammadov was called to the Ministry of Internal Affairs, where he was kept for several days without explanations, underwent beatings and was interrogated because he took part in a scientific conference in Iran in 2004. After a short release, he was detained at the Investigation Isolation Centre of the Ministry of Internal Affairs, where he allegedly underwent physical and psychological pressure for 15 days with the aim to force him to confess the acts of “espionage” for Iran.
On February 17, 2007, he was accused of high treason for espionage under Article 274 of the Criminal Code and was arrested. On June 24, 2008, the Grave Crime Court sentenced him to ten years in prison, arguing that Mr. Mammadov had collected “information necessary for the establishment of an administrative autonomy in the territories of Azerbaijan compactly populated by Talysh people”, and had spread a negative image of Azerbaijan abroad through appeals submitted to international organisations relating to “violations of the human rights of the Talysh people”.
On December 26, 2008, the Baku Appeal Court confirmed the sentence of Mr. Novruzali Mammadov to ten years in prison for “high treason” and “inciting national, racial, and religious hatred”[2].
On January 14, 2009, Mr. Novruzali Mammedov was transferred from the Pre-Trial Detention Centre No 1 of Bailov to the Strict Regime Colony No 15. He was then immediately placed in a punishment cell for 15 days for “breach of order”, being deprived of bed and warm clothes.
On May 27, 2009, the cassation complaint of Mr. Mammadov against the December 26, 2008 decision of the Baku Appeal Chamber was rejected by the Supreme Court. Mr. Mammadov’s lawyer appealed this ruling to the European Court on Human Rights (ECtHR).
On June 22, 2009, Mr. Novruzali Mammadov’s wife and his son Mr. Emil Mammadov visited him in high security colony No 15. They reported that his health had seriously deteriorated and that he was suffering from, among others, a cataract, a prostate tumour, and thyroid problems.
On July 28, Mr. Mammadov was transferred from the Strict Regime Colony N°15 to the Neurology Department of the Justice Ministry’s Penitentiary Services Central Hospital. Yet, his health continued to deteriorate. Sanitary conditions would have been very bad and Mr. Mammadov would not have been given any treatment or pain relief by hospital staff. Mr. Mammadov complained to representatives of the Ombudsman of Azerbaijan about his conditions and the lack of medical treatment.
In early August, Ms. Veronika Kotek, Council of Europe’s Special Representative in Azerbaijan, visited Mr. Novruzali Mammadov in the hospital. She had a conversation with the hospital administration and physicians, who said that Mr. Mammadov’s health condition was of medium severity, and the hospital’s administration rejected Ms. Kotek’s proposal to invite European doctors to examine Mr. Mammadov.
On August 17, 2009, Mr. Novruzali Mammadov died.
On October 15, 2009, the Nasimi District Court started the examination of the complaint filed by Ms. Maryam Mammadova and Mr. Emil Mammadov against the Ministry of Finance, the Justice Ministry’s Penitentiary Services, the Chief Medical Office of the Justice Ministry, High Security Colony No. 15 and the Penitentiary Service’s Treatment Facility regarding Mr. Mammadov’s death in detention. Hearings also took place on October 21, 22 and 23 during which several witnesses were interrogated.
The plaintiffs’ counsel requested the recognition that Mr. Mammadov’s right to life had been violated and the payment of a compensation amounting to three million AZN (approximately 2,5 million Euros), claiming Mr. Mammadov had died because he was not provided the appropriate medical assistance needed, despite repeated appeals to transfer Mr. Mammadov to a facility providing adequate medical treatment. Nizami region Prosecutor’s Office refused to open a criminal case and alleged, during the trial, that Mr. Mammadov’s death was objectively investigated and that the prison and medical staff could not be held responsible for Mr. Mammadov’s death. Justice Ministry’s Penitentiary Services Representative Elshan Hasanov stated that Mr. Mammadov had refused to be transferred to the treatment facility.
Actions requested:
Please write to the authorities in Azerbaijan, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in Azerbaijan and their families;
ii. Order a thorough and impartial investigation into Mr. Novruzali Mammadov’s death in detention in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
iii. Guarantee that adequate reparation is provided to Mr. Novruzali Mammadov’s relatives;
iv. Put an end to the harassment against all human rights defenders in Azerbaijan;
v. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that ”everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that the “State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;
vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Azerbaijan.
Addresses:
· Mr. Ilham Aliyev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku AZ1066, Azerbaijan, Fax: +994 12 492 06 25, +994 412 92 28 68, E-mail: office@apparat.gov.az, president@gov.az, root@lider.baku.az
· Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku, Azerbaijan, Fax: +994 12 492 06 82, +994 12 492 26 63, E-mail: prosec@azeri.com
· Minister of Internal Affairs of the Azerbaijani Republic, Lt.-Gen. Ramil Usubov, Fax: + 994 12 492 45 90
· Minister of Justice in Azerbaijan, Prospekt Stroitelej, 1 Baku Azerbaijan, e-mail: contact@justice.gov.az, Tel (99412) 430 01 16, Fax + 99412 430 09 81
· Permanent Mission of Azerbaijan to the United Nations in Geneva, Route des Fayards 237, CH-1290 Versoix, Switzerland, E-mail: geneva@mission.mfa.gov.az, Fax: +4122 901 18 44
· Azerbaijani Embassy in Brussels, Avenue Moliere, 464, 1050 Brussels, Belgium, Tel: +32 2 345 26 60, Fax: +32 2 345 91 85
Please also write to the diplomatic missions or embassies of Azerbaijan in your respective country as well as to the EU diplomatic missions or embassies in Azerbaijan.
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Paris-Geneva, February 2, 2010
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
- E-mail: Appeals@fidh-omct.org
- Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
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[1] He was also the Head of the Talysh Cultural Center, Editor-in-chief of the Tolishi Sado (Voice of the Talysh) newspaper, and Department Head of the Linguistics Institute at the Academy of Sciences.
[2] The hearing in appeal took place on December 24, 2008, and the sentence was issued on December 26.
