Police getting ready to disperse opposition rally in Fountain Square in central Baku, March 12, 2011. Photo by the "Caucasian Knot"

15 March 2011, 18:00

Attorney of the participants of a meeting on March, 12, in Azerbaijan reports violation of his clients' rights

Fifteen participants of an antigovernment action held on March, 12, in the center of Baku by "Musavat" party underwent administrative sanctions. Nine of them were arrested for a term of 7 to 10 days on accusation of insubordination to the police. Five more persons were fined to a sum of 20 to 30 manats (24 - 36 dollars) and one was released from the courtroom after getting a notice.

All in all 64 persons were detained and delivered to the police office and several hours later they were released, Press service of "Musavat" party informed.

The "Caucasian Knot" has formerly reported plans of "Musavat" party to hold an action of protest on March, 12, with a demand of democratic reforms and ensuring the citizens' rights and freedoms.

According to Elchin Namazov, two arrested persons' attorney, the courts tried the cases in a closed session flagrantly violating the rules of procedure. "But I was aware of other trials in the same Sabail court carried out in literally a "conveyor method". There was no competitiveness at these trials for the prosecution party was absent and the judges were just executing its order. It was unknown who had drawn out the report on behalf of the police, what the fault of the persons under trial for administrative sanctions was or which evidence had been produced. Besides, the judges were not taking into account the defendants' arguments that they had participated in the action in accordance with their constitutional rights of freedom of assembly and there could be no question of "insubordination to the police" for they were detained by people wearing civilian attire", the attorney said.

"It turned out during the trial that my clients were detained not by the persons who had drawn up the report. Moreover, in Ahad Mamedli's case the person who had drawn up the report acknowledged that he had not detained the activist but just signed the blank given to him by his chief", Namazov continued.

According to him, along with reports from the police, unofficial notes with instructions on what sanctions and to whom should be applied were coming to court, the attorney states.

Namazov thinks that the severity of punishment depended on the behaviour of the detained. "Persons detained just for taking part in the action were released by the courts. The ones who were active and shouted out slogans got a punishment in form of arrest", the attorney said. He added that there were going to be appeals on all the cases.

It turned out impossible to receive any comments from Sabail district court. A person in the office who refused to introduce himself said that "the employees of the court had no time to comment on each administrative case and those dissatisfied with the judgment could file an appeal".

Arif Gajili, Head of the apparat of "Musavat" party, was among those detained. "Some people say that this time the police behaved properly. I do not know how they treated others but at the moment of my detention the policemen were choking me with my own scarf. I had to make a lot of efforts to resist", Gajili said.

In his opinion, "the action was successful". "There were a lot of people. The personnel of Sabail Department of Interior Affairs failed to disperse the action. Policemen from other districts of Baku came to the aid and finally a special unit, a regiment of fast response, was sprang into action", Gajili said.

The ruling party "Eni Azerbaijan" considers the actions of the police lawful. "No mass action including the one of protest should be held without the respective permission because it is illegal", Ali Ahmedov, Deputy Chairman of "Eni Azerbaijan" party, said commenting on the action of protest in Baku on March, 11 and 12.

However Isa Gambar, leader of the opposition party "Musavat", considers that there is no concept of a "sanctioned meeting or action" in Azerbaijani Constitution or the laws of the country. "The action of March, 12, passed off in accordance with the Constitution and it was a successful implementation of the citizens' right of freedom of assembly. The initiative has worked for the residents' interests and democratization of the country", he remarked. Gambar added that the actions of protest would be going on until the authorities start real democratic reforms.

The Ministry of Interior Affairs of Azerbaijan has formerly declared that "all in all 150 people took part in the action of March, 12, who divided into several groups attempted to organize a procession in the center of Baku".

Author: Faik Medzhid Source: CK correspondent

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