Alesker Mamedli: arrests of oppositionists in Azerbaijan are illegal

The dispersal of the peaceful action of the "Azadlyg" (Freedom) Block and administrative arrests of its participants are rough violations of citizens' constitutional rights and freedoms. This opinion was expressed by Alesker Mamedli, an independent lawyer and an expert of the American NGO "IREX Pro Media", in his conversation with the "Caucasian Knot" correspondent, when he made his comments on the arrest of the participants of the protest action held by the "Azadlyg" Block in Baku on May 15.

Let us remind you that in the capital of Azerbaijan 13 participants of the protest action organized by the oppositional block "Azadlyg" (Freedom) Block late at night were subjected to administrative punishments. Ten persons were sentenced to administrative arrests for 5-7 days, and the remaining three were fined.

"It is a restriction of the freedoms of assembly and self-expression guaranteed by the Constitution, and a rough violation of democratic principles," said Mr Mamedli.

According to his version, the freedom of assembly in the country remains only on paper.

"The authorities, seeing a threat for themselves even in a group of 3-5 persons, apply toughest possible measures against participants of protest actions," said the expert.

Alesker Mamedli drew attention to violations of the law by several state institutions at the same time. "The Baku Mayoralty illegally refuses to sanction the actions of the opposition. It breaks the law, as the freedom of assembly is guaranteed by the Constitution and has direct legal force. The police break the law by interfering in protest actions, held by citizens on the basis of their constitutional rights and freedoms. The courts, which sentence activists to administrative arrests, in fact executing the political order of the authorities, also break the law by punishing people for use of their constitutional freedoms," he explained.

Thus, as he continued, the Azerbaijani authorities are roughly breaking not only the Constitution and laws of the country, but also their international obligations.

Saida Godzhamanly, head of the Bureau for Human Rights and Observance of Legality, was also bewildered why the authorities restrict the freedom of assembly in the year of parliamentary elections. According to her version, "any restrictions of the freedom of self-expression and assembly are incompatible with Azerbaijan's aspirations to Eurointegration."

In the opinion of Emin Guseinov, Director of the Institute of Reporters' Freedom and Safety (IRFS), "the police apply inadequately tough measures against participants of protest actions." "These actions are absolutely peaceful. However, the police and persons in civilian don't even allow people to gather, and at once rush on them and apply force against them," he said.

However, the press service of the Ministry of Internal Affairs has rejected any political context of the arrests of protesters, saying that they had been brought to administrative responsibility "for their refusal to obey to legitimate demands of the police."