Citizens in Follow-up of IPD Updates on Protection of the Proprietary Right

The lawsuit of L. and A. Yunusov brought against Yasamal Branch of the Communication Ministry ended with pretrial peaceful settlement. It is a rare instance when the court admitted rightness of the complainant and discharged his legitimate claims.

The trial on the case of the return of the two confiscated telephone numbers brought against the Communication Ministry was appointed on Feb 22 in Nasimi District Court. On Feb 17 the two telephone lines were returned with their restoration. On Feb 21 all the money overpaid for the telephone service in 2010 were returned. Vagif Orujov, official with Yasamal Communication Branch, and Fatulla Seyidov, Head of Yasamal ATS, restored legal order prior the trial.

To my deep regret, this restoration is quite insignificant amid continuous widespread wrongdoings committed by the executive authority of Baku city. According to IPD Message No. 4, H. Abutalybov authorized a physical person Rufan Gabil oglu Kazimov to buy up apartments using the funds appropriated by the executive authority (Order No. 511 signed by H. Abutalybov)!!! IPD received tens of copies of contracts concluded with R. Kazimov to purchase immovable property of citizens residing at Fuzuli and Shamsi Badalbeyli streets.

The executive authority appropriates funds to the account of Kazimov and also renders any assistance with the use of police - eviction of citizens from their apartments, larceny, and other unlawful and criminal actions. The actions of Baku City Executive Authority headed by H. Abutalybov fall within the articles of the AR Criminal Code as follows:

· Article 107 (Deportation or forced exile of population - 10 to 15 years in prison)

· Article 157.3 (Violation of inviolability of housing - up to 3 years in prison)

· Article 186.2 (Deliberate destruction or damage of property - 3 to 7 years in prison)

· Article 309.2 (Abuse of office - 3 to 7 years in prison)

· Article 322.2 (Arbitrariness - up to 2 years in prison)

The actions of Nasimi District Police (Head of Nasimi District Police Department Mammed Mikayilov) fall within the articles of the AR Criminal Code as follows:

· Article 145. 2.5 (Illegal deprivation of freedom - 3 to 5 years in prison)

· Article 145.3 (5 to 10 years in prison)

· Article 157. 3 (Violation of inviolability of housing - up to 3 years in prison) etc.

One of the example criminal actions of the police and executive officials (photo and video available) took place on Nov 19, 2010. Early morning they broke into apartments of the citizens at 58 Fuzuli Street (samples of architecture), illegally took (right from their apartments) and detained the citizens in Police Station No. 22 of Nasimi District. Mostly detained women were subject to physical and psychological violence. One of the detained citizens (diabetic) was saved from coma by the other citizens. They insisted on his release for insulin injection. The deportation much resembled Jewish bashings in ghetto by Nazis and SS-men.

Having demolished the property and apartments of the citizens, the police and executive authority forced them to conclude contracts with R. Kazimov to sell their apartments. On Jan 27, 2011 Kazimov bought an apartment (apartment 51, house 58, Fuzuli str.) belonged to N. A. Khalygova at the rate of AZN 42.750, according to contract No. 0233758.

The egregious infringement of human rights and law was not considered by Nasimi District Court (the suits of Khalygova and others were brought to this court). IPD will separately trace actions of judges with Nasimi Court, who actually denied the right of the citizens to fair trial. Many citizens have been thrown out to streets without money and apartments.

Law arbitrariness and unprecedented violation of human rights right in the centre of the capital continue every day. The list of law breakers represented by Baku City Executive Authority (H. Abutalybov) and Nasimi district police (Colonel Mammed Mikayilov) was replenished by State Property Committee.

In Feb 2011 Yusif Gambarov (Head of Department, State Property Committee) along with Zulfaly Ismayilov, Head of Secretariat, Baku City Executive Authority (as mentioned in Message No. 4) are immediate executors of the illegal actions at Shamsi Badalbeyli and Mirzaaga Aliyev streets.

The citizens are kindly requested to strictly abide by recommendations as set forth in Message No. 5 of IPD and also submit photos of Yusif Gambarov and Zulfaly Ismayilov to the IPD e-mail address (ipd1995@gmail.com)

Mr. Ramil Usubov, Internal Minister, ignores blatant violations of citizens' rights by the police. I am getting the impression that the AR Internal Ministry structures abide by the medieval rule "vassal of my vassal is not my vassal". Not only are the police of Nakhchevan Autonomous Republic, but also district departments of Baku city not subordinate to Mr. Ramil Usubov. Further to the letter of IPD addressed to Internal Minister Ramil Usubov depicting illegal actions of Mammed Mikayilov, Head of Nasimi District Police Department, we received a letter № 121711 dated 08.02.2011 signed by Ali Ibragimov, Deputy Head of Main Department for Public Safety reading that our appeal had been forwarded to the consideration of .... Mammed Mikayilov!

Leyla Yunus

Director, Institute of Peace and Democracy