OMCT asks to support Hilal Mammadov

The Observatory for the Protection of Human Rights Defenders, 

a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Azerbaijan, reads the press-release of OMCT.

The Observatory has been informed by the Human Rights Centre of Azerbaijan about the denial of a lawsuit filed by Mr. Hilal Mammadov, a minority rights defender and editor-in-chief of the Tolishi-Sado (Voice of Talysh) newspaper.

According to the information received, on July 31, 2012, the Nasimi District Court of Baku City denied the complaint that Mr. Mammadov had filed to denounce acts of torture and ill-treatment he suffered in the framework of a criminal case brought against him in late June 2012 (see background information). Mr. Mammadov's lawyers claimed that the investigating authorities had violated the Criminal Procedure Code.

On that day, the judge of the Nasimi District Court argued that the lawsuit brought by Mr. Mammadov did not comply with the provisions of Article 449 of the Criminal Procedure Code of Azerbaijan ("complaints to the court concerning procedural acts or decisions of the prosecuting authority"), and subsequently closed the hearing without listening to the opinions of Mr. Mammadov's lawyers. 

On August 29, 2012, the Nasimi District Court further rejected the appeal that Mr. Mammadov's lawyers had filed against this decision. While the hearing was expected to be open, the judge decided to hold a closed trial, so that journalists and members of the committee created in support of Mr. Mammadov had to wait for the court's decision from the street. It is to be noted that four hours passed before the judge of the Nasimi District Court issued the verdict.

In addition, on August 27, 2012, the Deputy General Prosecutor also had refused to open proceedings on the complaint that Mr. Hilal Mammadov lodged in June against the acts of torture and ill-treatment he suffered during the first days of his detention. His lawyers will now appeal this decision before the Court of Appeals and then eventually lodge a complaint before the European Court of Human Rights.

The Observatory strongly denounces the arbitrary decision of the Court, and considers it as an obvious attempt to silence Mr. Mammadov's efforts to report acts of torture against himself.

The Observatory recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

Accordingly, the Observatory calls upon the competent authorities to undertake a prompt, effective, thorough, independent and impartial investigation into the aforementioned allegations, in order to identify all those responsible, bring them to trial and apply adequate sanctions. 

The Observatory more generally denounces his ongoing arbitrary detention and judicial harassment, and remains concerned with his conditions of detention. The Observatory recalls that former Tolishi-Sado editor-in-chief, Mr. Novruzali Mammedov, was subjected to similar acts of harassment and arbitrary detention in 2007, and eventually died in custody on August 17, 2009.

The Observatory therefore calls upon the Azerbaijani authorities to guarantee in all circumstances Mr. Hilal Mammadov's physical and psychological integrity and release him immediately and unconditionally, as well as to put an end to the continuing judicial harassment against him, since such practices seem to merely aim at sanctioning his human rights activities.

On June 21, 2012, Mr. Hilal Mammadov was arrested in relation to a criminal case opened against him by the Nasimi District Police under Article 234.4.3 of the Criminal Code ("illegal manufacture, purchase, storage, transfer, transport or sale of drugs in a large quantity"). The authorities alleged having seized five grams of heroin from him and about 30 grams at his place of residence. Article 234.4 provides penalties ranging from confiscation of property to imprisonment for up to 12 years. 

Mr. Hilal Mammadov remains detained in the premises of the Investigative Prison in Baku.

Action requested:

Please write to the authorities in Azerbaijan, urging them to:

Order an immediate, thorough, transparent investigation into the allegations of torture and ill-treatment against Mr. Hilal Mammadov, in order to identify all those responsible, bring them before an independent tribunal, and apply them the sanctions provided by the law;

Guarantee in all circumstances the physical and psychological integrity of Mr. Hilal Mammadov as well as of all human rights defenders in Azerbaijan;

Release Mr. Hilal Mammadov immediately and unconditionally as his detention is arbitrary since it only aims at sanctioning his human rights activities;

Put an end to any kind of harassment - including at the judicial level - against Mr. Hilal Mammadov and more generally against all human rights defenders in Azerbaijan;

Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", as well as its Article 12.2, which provides that the State shall "take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights"; 

Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Azerbaijan.

Please also write to the diplomatic missions or embassies of Azerbaijan in your respective country as well as to the EU diplomatic missions or embassies in Azerbaijan.

* The Observatory for the Protection of Human Rights Defenders,  a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT). -0-