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23:55, 10 November 2010

ECtHR upholds complaints of violated rights of convicts for attempted putsch in Azerbaijan

The European Court of Human Rights (ECtHR) has promulgated its decisions on the cases of the former minister for economic development of Azerbaijan Farkhad Aliev and former president of the Academy of Sciences of Azerbaijan Academician Eldar Salaev.

As stated in the press release of the ECtHR, which has arrived to the "Caucasian Knot" correspondent, the Strasbourg Court found a violation against Aliev of the "right to freedom and personal immunity", which is guaranteed by Article 5 of the European Convention on Human Rights (ECHR). The Court has awarded compensation to Aliev of 16,000 euros for moral harm and 25,000 euros - for legal fees.

Elton Guliev, Aliev's advocate, has noted that his client's complaint dealt with violations of his rights during the preliminary investigation and subsequently during his prison term. In particular, according to the advocate, Aliev, who suffers from heart disease, was not given adequate medical care. Besides, Aliev was not allowed to be examined and treated by foreign physicians who were invited by his relatives.

According to the advocate, another Aliev's complaint - "on his main case" - is pending the ECtHR's consideration. Aliev was arrested on charges of a coup d'etat on October 19, 2005. Subsequently, in October 2007, he was sentenced on charges of economic crimes to 10 years of imprisonment. However, Aliev does not regard himself to be guilty and claims that he had been convicted under fabricated charges.

The decision of the ECtHR in relation to Academician Salaev also recognizes violation of his rights to freedom and personal immunity. Salaev was arrested in late October 2005 also on charges of a putsch attempt. Then, he was held as a suspect in custody for seven hours longer than the due time. Subsequently, the court sanctioned Salaev's arrest; however, in three weeks he was released because of numerous calls of the Azerbaijani and Russian scientific community to the authorities of Azerbaijan.

Making his comments on the decision of the ECtHR, Salaev expressed satisfaction with restoration of his rights.

The academician also noted that he had moved no claim for compensation of moral harm.

However, Mr Salaev regrets that "his rights were restored not by the Azerbaijani but by the international court."

So far, state structures of Azerbaijan have not commented the decision of the ECtHR.

Author: Faik Medzhid

Source: CK correspondent

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