Famil Khalilov may not live to see the next session of the court for serious crimes

On Monday, the wife, mother, and children of political activist and first-degree disabled Famil Khalilov visited him at the medical facility of the Justice Ministry’s Main Medical Directorate to persuade him to abandon his dry hunger strike, which he began on November 28. His wife and mother wept, pleading with the prisoner to eat. The detention center chief also joined the conversation. However, F. Khalilov refused, stating that he would not eat, drink, or take medications until he is released or placed under house arrest.

Speaking to Turan, the accused's wife, Kichikhanum Khalilova, reported a sharp deterioration in her husband’s condition: “Famil can no longer walk independently; he was brought to the meeting in a wheelchair. He is severely emaciated, reduced to skin and bones. His lips are black. It’s unlikely he will survive until the next court session on December 12. We don’t know what to do—Famil has chosen death over remaining in prison when he is innocent,” K. Khalilova told Turan.

According to her, the treatment of her husband in the detention center is proper, and he has never complained about the staff of the Penitentiary Service or violated any rules. However, at the last session of the Court for Serious Crimes, Judge Azer Taghiyev denied Khalilov's request for house arrest, stating that he had not yet been “corrected.” Following the rejection of his petition during the November 28 court session, Khalilov began his second hunger strike, this time a dry one, which poses a fatal risk.

K. Khalilova visits her husband every Monday and Thursday, attending to his hygiene needs since Khalilov has been unable to move his arms since childhood. On other days, a young prisoner assigned specifically to assist Khalilov helps him. Two prisoners are housed in the medical facility ward.

His wife brought home-cooked meals for Khalilov, but he refused to eat. Recently, she has stopped bringing food, as her husband’s stomach would be unable to digest regular food. If Khalilov ends his hunger strike, he will require special nutritional solutions, K. Khalilova explained.

An activist of the Azerbaijani Popular Front, Famil Khalilov continues his fourth dry hunger strike in the Baku detention center, refusing food, water, and medications. His condition is extremely critical, as Khalilov told his wife during a phone call on December 1.

“Famil was forced to take this extreme protest measure because he was deceived with promises of release by the November 28 court decision. Believing this promise, he ended the hunger strike he had begun on August 15. However, when the Baku court rejected his and his lawyers’ petition for house arrest on November 28, he began a dry hunger strike the same day,” K. Khalilova told Kommersant.

She expressed doubt about a fair resolution of the case in the Court for Serious Crimes, where Khalilov faces charges of drug possession and sales. K. Khalilova called the trial fraudulent, recalling the previous session where two witnesses testified about drugs allegedly in the defendant’s pocket, despite Khalilov’s pockets always being sewn shut due to his disability.

“On December 12, the court plans to hear testimony from two more such witnesses,” K. Khalilova reported.

In violation of the legislation, the press service of the Penitentiary Service did not respond to Turan's written requests.

During the COP-29 conference in Baku, Khalilov ended the hunger strike he had started on August 15, as the Penitentiary Service promised he would be placed under house arrest. However, on November 28, the Baku Court for Serious Crimes rejected the petition and kept him in detention.

The Office of the Ombudsman of the Republic of Azerbaijan responded to Turan’s inquiry regarding human rights activist Rufat Safarov’s appeal to Ombudsman Sabina Aliyeva about Fazil Gasimov, an economist on hunger strike, in the detention center.

In his appeal, posted on Facebook, Safarov informed the Ombudsman about Gasimov’s poor health due to prolonged hunger strikes, as well as allegations of torture and mistreatment.

“We inform you that the issue of Fazil Gasimov’s rights is under the Ombudsman’s control, and measures are being taken in accordance with the law to protect his rights. Gasimov has been visited several times in the Investigation Detention Center and the Medical Center of the Penitentiary Service (PS) by the Ombudsman’s National Preventive Group. Monitoring of his conditions, treatment by the staff, health, and the complaints he raised were carried out,” stated a letter from the Ombudsman’s Office.

The letter also mentioned that the Ombudsman’s Office sent “appropriate inquiries” to the General Prosecutor’s Office, the Penitentiary Service of the Ministry of Justice, and the Main Medical Department of the Penitentiary Service.

“In response to the published press materials about Fazil Gasimov, the Ombudsman’s Office has recently conducted another investigation and taken operational measures to protect his rights,” the letter to Turan concluded.

However, the letter does not mention Gasimov’s hunger strike, allegedly initiated under torture and mistreatment by the Penitentiary Service staff, as noted in Safarov’s appeal.