20-year-old Algait Maharramov, sentenced to three years for participation in post-election disturbances of October 2003, has died in the colony No 17. ?The situation in the prisons of Azerbaijan is the absolute mirror of all the events taking place in our country right now ? strange, unexplained, uncommented and absurd. The tragic death of Maharramov in prison has coincided with the period, when there started a series of protest actions in a number of penal colonies of Azerbaijan. The protests are for reforms and changes in the custodies, against the beatings, torture, malnutrition and injustice by the prison administration? says local human rights activist Shahla Ismayilova (picture). (22-FEB-2005)
?All the human rights defenders of Azerbaijan are now alerted on the provocative treatment and complete abuse of the rights of opposition leaders, which have been imprisoned after the disputed presidential elections of October 2003? says Mrs. Ismayilova, chairwoman of the Women Association for Rational Development (WARD).
Tragic and unexpected death
On February 17, 20-year-old Algait Maharramov died suddenly in prison No.17, where he had been serving a three-year sentence. He was one of 125 people brought to trial on charges relating to violent clashes that erupted between security forces and demonstrators protesting fraud during the presidential election in October 2003.
According to Maharramov?s relatives police brutally beat and tortured him after his arrest in October 2003 and tried to force him to give evidence against opposition party leaders. Maharramov gave evidence in court about his torture, but the judge rejected it, finding that the medical report he presented did not confirm injuries on his body. According to his relatives, the medical examination was carried out several months after the beating. Maharramov was convicted in the Court of Grave Crimes on March 4,2004. His appeal against the conviction was dismissed.
Maharramov?s father Veliyar Maharramov says that the official version of his death is suffocation, but cause of his death is unknown. According to the cellmates his son felt bad while doing physical exercises and died in the cell.
The father also emphasized that his son was a sportsman and never complained of his health condition. He cannot understand how his son could die. Maharamovs? family think that the torture has claimed the life of their son.
HRW urges impartial investigation
The Azerbaijani government must conduct a thorough and impartial investigation into the death in custody of a prisoner convicted for his participation in the October 2003 post-election disturbances, Human Rights Watch said on sudden death of Maharramov.
?This is a tragic ending for a man caught up in a very unfortunate chapter in Azerbaijan?s history. It is the duty of the Azerbaijani authorities to find out what happened to this young man?, said Rachel Denber, acting executive director of the Europe and Central Asia Division at Human Rights Watch.
Magaramov was one of dozens of persons imprisoned in Azerbaijan since 2003 after an unfair court trial. His death highlights the need for the government to release or retry all those improperly held, Denber underlined.
According to Shahla Ismayilova death of Maharramov has caused lots of concerns not only in Azerbaijan but also in the international arena.
?As usually Human Rights Watch (HRW) gave the first reaction to this suspicious and unexplained death case. In general, if we look back to recent few years, we will see the immediate, most objective reports and releases from HRW, reflecting the inner situation of Azerbaijan in different periods for different cases. This objectivity even caused the two-kind attitude toward Human Rights Watch in Azerbaijan ? admiration among the democratic forces and disrespect, mixed with fear from the side of the government?, Ismayilova says, ?I hope the reports of Human Rights Watch will not be the only objective reflection of our reality; and the broader international community will raise the voices against the injustice occurring in our country?.
Unfair trails and incredible tortures
Following the marred presidential elections of 2003, which ensured the victory for Ilham Aliev, the opposition supporters protested the results of the flawed elections. When the violence erupted, the government responded with brutal and excessive force, unleashing its security forces to beat hundreds of demonstrators, some to the point of losing consciousness, and killing at least one protester. The government launched the wave of arrests and more than a thousand opposition supporters detained, while 40 of them are still in jail. Seven opposition party leaders are among those, who were arrested after the fraudulent presidential elections of 2003.
On October 22, 2004, the Court of Grave Crimes in Baku sentenced the seven opposition leaders to prison terms ranging from two and a half to five years of imprisonment on charges of organizing or participating in mass disturbances and resisting or committing violence against a state representative. The charges related to the violence that erupted during protests following the October 2003 presidential elections, which independent observers, including the Organization for Security and Cooperation in Europe, found were fraudulently conducted.
The Organization for Security and Cooperation in Europe (OSCE) monitored the trials of all 125
people charged in relation to the post-election violence and released a report on February 4 concluding that some of the trials fell well short of international standards. The report found instances in which courts admitted evidence that was said to have been coerced through the use of torture, and in which defendants were denied the right to legal counsel, the right to an impartial and independent tribunal, and the right to a reasoned judgment.
Regarding Maharramov?s trial the OSCE report raised concern about the court?s impartiality and the defence?s right to call and examine witnesses. The report also recommended that the Azerbaijani authorities release or retry all persons who were tried in trials that fell short of international standards. The European Union and US embassy in Azerbaijan endorsed the OSCE recommendations in a statement on February 11.
Poor prison conditions
Overcrowding and poor medical care combined to make the spread of infectious diseases a serious problem. Tuberculosis (TB) continued to be the primary cause of death in prisons. By year?s end, approximately 800 detainees were undergoing treatment for TB, according to the Government. Due to the absence of systematic screening in prisons, patients often started treatment when already seriously ill. There were widespread and credible reports that authorities withheld medical treatment from selected inmates, particularly political prisoners.
According to the findings of the Azerbaijan Committee Against Tortures (ACAT) seven people didn?t bear tortures and died during 2004. They all died of the severe and cruel torments committed by either by police, military official or prison wards.
?The tortures are so much terrible that everybody will confess in any crime that he had never committed. All society of our country is aware of the fact that if somebody had been in police station could die as a consequence of tortures; nobody will be punished for this?, says Elchin Behbudov, chairman of Azerbaijan Committee Against Tortures (ACAT).
Recent riot in prison
In the early morning hours on 14 February, some 100 prisoners of penitentiary No.11 in Baku held a protest action, stating that the conditions in the prison are unbearable, and holding posters saying “Death to bloodthirsty warden” and “SOS”. The protesters claimed that the permission to stay in certain cells is sold for money, and demanded that the head of the penitentiary chairman dismissed. None of the demands of the prisoners was met. The riot was suppressed as a consequence of the special operation of the internal military troops.
