R. Safarov: Solution of the problem of political prisoners is possible through free elections

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- On behalf of the human rights organization "Line of Defense", you have asked the President for clemency in connection with the Ramadan holiday. However, the last presidential decree on pardon was signed two months ago. Why do you want signing the pardon again?

- Unfortunately, over the last 28 years of the current method of government, I do not remember such a period that there were no political prisoners and prisoners of conscience. Over the years, at least hundreds of citizens have been prosecuted for their political beliefs, worldview, convictions, and criticism because of the government's policy. Today dozens of people remain in prison, though they have not committed any acts dangerous to society. If a journalist, politician, believer, a lifer, and an actor becomes a political prisoner, this should concern not only the "Line of Defense", but also the entire society. In this sense, in March of this year, we turned to the head of state with a request to sign a pardon decree, which will ensure the release of all political and prisoners of conscience, as well as Karabakh veterans, who suffered a significant part of the punishment, although they committed individual crimes. Despite at that time 38 prisoners regarded by local and international human rights organizations as political prisoners were released, nevertheless, this pardon was considered incomplete.

Why do we want to sign the pardon decree again? Because we believe that, the persecution of people based on lies and falsifications for their oppositional thinking causes great damage to democratic political processes and the rule of law, the rule of law in Azerbaijan. At the same time, it causes unhealthy conflicts between rival forces, undermines the constitutional political struggle, leads to irreconcilability, and makes it impossible for political dialogue and useful political cooperation, which is very important for our country.

We are confident that the release of persons who have been subjected to politically motivated criminal prosecution, the complete release of penitentiary institutions from political prisoners will contribute to internal peace in the country, mutual trust, and softening of relations between the government and citizens, the government and the opposition. As a “Line of Defense”, we are confident that if the head of state shows high political will and signs an order to pardon for   Elchin Amiraslanov, Safa Poladov, Arif Kazimov, who have been in prison for 26 years, which will ensure freedom for the Karabakh veterans, Haji Tale Bagirzade, Movsum Samedov, Abgyul Suli and other prisoners, Agil Ali Maharramli, Saleh Rustamli, Alizamin Salayev, Sayeed Bakuvi and other front-line prisoners,  the negative trends in the field of human rights in our country will subside, the indicators will improve, and serious progress will be made in the field of the rule of law.

-Why do you appeal to the president?  Why do not you appeal to the pardoning commission in the country, to its chair, why did you decide to appeal directly to the president?

- On the basis of paragraph 22 of Article 109 of the Constitution, pardon is applied to individuals identified on an individual basis, which is the exclusive authority of the head of state. We believe that the release of political prisoners and prisoners of conscience is possible directly with the will of the head of state. The composition of the pardon commission under the president does not have serious and real powers to, for example, determine whether Elchin Amiraslanov, Agil Ali Maharramli, Saleh Rustamli or Haji Tale Bagirzade are still in prison or be released. I have no doubt that the commission performs the function of an office, implementing special assignments. It is perfectly clear to us in which country and under what government we live.

-Was there any official reaction towards you after the appeal? There are only a few days left before the holiday. Do you have any hope that your application will be considered in this short time?

-No, during this time we have not received any response, but for the sake of justice I must note that in recent years, pardon decrees were signed, which partially apply to political prisoners, 51 political prisoners, including me, were released in March 2019,  38 political prisoners were released in March this year. I would be naive if I put forward the idea that, in any case, political prisoners in their entirety will receive freedom. I know that in Azerbaijan there is no balance between the authorities, there is no rule of law and the advantage of law, which are important features of a rule of law, there are no operational-search bodies highlighting the rule of law, an investigative body based on objectivity, a judiciary that must administer justice...

However, I would like to hope that some prisoners, whose only “fault” is a different opinion, which does not coincide with the ruling policy, would be freed.

- Was your appeal specifically for the release of political prisoners, or do you take into account other prisoners?

-In the last appeal to the head of state, we asked to solve the problem of political prisoners radically, to release them. There is no doubt that at the request of the legislation in relation to a person sentenced to punishment in the form of correctional labor, restriction of freedom, detention in a military unit of a disciplinary nature, restriction on military service and for a crime that does not pose a great public danger, after accession a verdict in legal force, in relation to a person sentenced to imprisonment for committing a less serious crime - in relation to a person sentenced to imprisonment for committing a grave and especially grave crime - after serving at least half of the sentence, in relation to a person sentenced to life imprisonment - after serving ten years of the sentence, a petition for clemency can be filed, and we support this as a “Line of Defense”.

We believe that in penal policy it is necessary to strive to achieve the goals of punishment as a criminal law measure - restoring social justice, reforming the convict. If during the period of serving a sentence, the process of correction is high, reintegration into society does not seem to be problematic, then living the life of a prisoner until the end of the term does not correspond to the concept of a state governed by the rule of law, and it is illogical. As a person who observed this experience clearly, I can say that even if the convicted person sincerely regrets the committed act, the correctional process reaches a high level, there is a change in the type of penitentiary institutions, parole, etc. basically this happens in exchange for material goods, gifts, money.

-Why is not the problem of political prisoners in Azerbaijan being solved at the root? What does prevent it? What are your suggestions for solving this problem?

-If the branches of government in Azerbaijan are based on free and fair elections, if the political opportunities guaranteed by the Constitution are used, in particular, expression, assembly, unification, conscience, elections, etc., if the use of rights and freedoms are not accompanied by persecution, democratic and legal discoveries take place, then the problem of political prisoners will find its radical solution. Everyone, including the government itself, knows that authoritarian rule is being carried out, democratic institutions are out of order, civil society is paralyzed, and there is no factual or legal basis for the normal activities of human rights organizations. If the authorities regard an oppositionist a "hooligan", "resisting the police", a "drug addict", at worst - a "terrorist", then how one cannot become a political prisoner. One of the conditions for the existence of the current system is the presence of prisoners of conscience and political prisoners. As for the proposal ... yes, I propose that the head of state, Ilham Aliyev, should take the path of transforming Azerbaijan from authoritarianism into a democratic government based on people's power; to respond to the calls of local and international human rights institutions, authoritative political and legal centers, to release political prisoners in full. However, does anyone listen?