Leila Yunus: Azerbaijan has 25 new potential political prisoners

From the start of the year, as a result of targeted repressive actions of the Azerbaijani authorities against the opposition, fabricated charges have been brought against 25 citizens; thus, they are potential political prisoners. This statement was made on April 26 by the Azerbaijani human rights organization named the Institute for Peace and Democracy (IPD).

As reported by Leila Yunus, director of the IPD, at present, according to the Federation of Human Rights Organizations of Azerbaijan (FHROA), the number of political prisoners is 60; and in the case of conviction of the above 25 suspects this figure will increase up to 85.

The IPD classifies potential new prisoners into three groups. The first one, called "Youth Activists", includes Jabbar Savalan, a youth activist of the Popular Front Party of Azerbaijan (PFPA) (charged under Article 234.1 of the Criminal Code of Azerbaijan - illegal possession of drugs), and Bakhtiyar Gadjiev, a blogger, active user of social networks and former candidate for an MP (Article 321.1 of the Criminal Code - evasion from military service).

The second group includes "Believers and Members of the Islamic Party of Azerbaijan" (10 persons) who were arrested in January 2011.

This group includes the Chairman of the Islamic Party of Azerbaijan (IPA) Movsum Samedov, Deputy Chairman of the IPA Vagif Abdullaev, Dayanat Samedov and Firdovsi Mamedrzaev (both are activists of the IPA), Rukhulla Akhundzade (head of the Astara district branch of the IPA), Yusif Alekperov (chairman of the Gandzha city branch, is on the search list) Haji Faramiz Abbasov (religious leader Akhund of the village of Khill of the Masally District) and Haji Zulfugar Mikailzade (religious figure in the rank of Hodjatulislam).

All these people are accused under the following articles of the Azerbaijani Criminal Code: 28, 214.2.1 (formation of an organized criminal group), 28, 214.2.3 (preparation for a crime involving firearms or other weapons), 228.3 (illegal possession of firearms, their parts, ammunition, transfer or sale of weapons to someone) and 278 (attempt of violent overthrow of government).

Two other religious leaders and scholars-theologists from Gandzha - Haji Azer Djabiev and Haji Fakhri Ilyasov - are accused of disorderly conduct. According to Leila Yunus, the members of the IPA and the believers were arrested on trumped-up charges of committing crimes, but in reality they are punished for criticizing the governmental policy, active defence of believers' rights, including the public campaign against the ban on wearing hijabs by schoolgirls.

The same opinion is shared by Anar Gasimov, advocate of the leader of the IPA Movsum Samedov. According to his story, virtually no investigatory actions are taken in relation to his client, while the investigation is unduly protracted, and Samedov detention was extended till August 8.

Finally, the third group - "Participants of Meeting on April 2" - included 13 persons. They are the members of the "Musavat" Party - Rufat Gadjibeili, Arif Gadjily, Tural Abbasly, Elshan Gasanov and Akhad Mamedli, members of the Popular Front Party of Azerbaijan (PFPA) - Sakhib Kerimov, Zulfugar Eivazov, Muhammed Medzhidli, Arif Alyshly, Babek Gasanov, Shakhin Gasanli, Fuad Gakhramanly, and non-partisan Ulvi Gasanov.

All of them, except Shakhin Gasanli (charged with illegal possession of drugs), are accused under Article 233 (organization of actions aimed at disturbing public order or active participation in them). Additionally, Mr Mamedli is also accused under Article 315.2 (resisting the police). Of these 13 persons, 12 are under arrest, and only Gakhramanly is at large, but "under police supervision".

As stressed by Ms Yunus, out of these 13 detainees after the rally on April 2, seven have been recognized by the Amnesty International as "prisoner of conscience". However, according to her opinion, in fact, are all the 25 above-mentioned citizens are "prisoners of conscience", since "none of them ever committed any of the criminal acts, of which they are accused." From the first hours of detention, the IPD has been tracing the arrest and indicting of these citizens, which, without any doubt, have the character of political repressions, runs the statement of the IPD.

The judges, who appoint placing behind bars (arrest), without indicating any valid grounds, of the persons who present no danger to the society, violate Article 5 (right to freedom and immunity) of the European Convention on Human Rights and Fundamental Freedoms, said Ms Yunus. She noted that the IPD was preparing a list of these judges and would soon make their names public.

Leila Yunus has also clarified the list of the FHROA with 60 political prisoners, to date convicted by the courts of Azerbaijan. In particular, 19 persons are life prisoners from the list of political prisoners presented to the Council of Europe prior to Azerbaijan's accession to this organization (in 2011). Mainly, they are the convicts under the "Case of Special Police Detachment (the so-called "OPON insurrection" in March 1995) and after the attempt of the coup d'etat in October 1994 (case of ex-Prime Minister Suret Guseinov).

After Azerbaijan's accession to the Council of Europe, a new list of 107 persons was drawn up, who were convicted in 2001-2002. Out of this list, 6 persons are still in prison, including three fighters of the "Garangush" self-defence unit.

Further 25 political prisoners are those convicted in 2005-2010, including journalist Einullah Fatullaev, youth activist Ruslan Bashirli and commander of the former OPON Nizami Shakhmurdov. The latter was arrested in 2007, when he voluntarily surrendered to the authorities after attending his mother's funeral, but still was sentenced to 7 years of imprisonment.

This list also contains former ministers Farkhad Aliev and Ali Insanov. "Although they were convicted for economic crimes, they were arrested on political charges of an attempt of a coup d'etat," Ms Yunus has explained.

The list also contains 10 members of the "Said Group" (head of the group Said Dadashbeili), convicted on charges of collaboration with Iranian special services. However, according to Yunus, the investigation was carried out with gross violations and there are grounds to believe that the young people were convicted on trumped-up charges.

The IPD Director called the international community to raise voice in protest against legal arbitrariness and abuse of democratic freedoms in Azerbaijan. Meanwhile, the Azerbaijani authorities continue impeding the arrival in the country of Kristof Strasser, PACE rapporteur on political prisoners in Azerbaijan.

This was reported by Emin Guseinov, Director of the Institute for Reporters' Freedom and Safety (IRFS), and Fuad Gasanov, head of the organization "Democracy Monitoring", who visited Strasbourg on April 18-23. They met a number of officials of the CE and PACE, including Strasser. "The rapporteur on political prisoners is worried that he is not granted a visa," they said.

"The Azerbaijani authorities do not agree to Mr Strasser's monitoring of the situation in accordance with his mandate. He was told that he could come to Azerbaijan as a guest, not as the rapporteur on political prisoners. This is the only case in the history of the CE, when the rapporteur was not given a visa. Even Chechnya let the rapporteur on human rights in," said Gasanov said. However, Strasser intends to continue his efforts towards visiting Azerbaijan.

Earlier, Samed Seidov, head of the Azerbaijani delegation to the PACE, had noted that Azerbaijan has no persons persecuted for political reasons. The authorities believe that the persons treated as "political prisoners" by rights defenders were convicted for particular criminal offences.