Possibility of dialogue between Civil Society organizations and authorities of Azerbaijan property right

Nasimi District Court appointed a preliminary hearing on Feb 08, 2011 at 10.30 chaired by Judge Sayad Gafari on the suit of Arif and Leyla Yunusov against Yasamal Branch of the Communication Ministry. During absence of A. and L. Yunusov in Baku Yasamal Branch of the Ministry had illegally seized two telephone landlines belonging to the Yunusovs in their apartment 2, 38 Shamsi Badalbeyli Street. The Yunusov had been deprived of the telephone, fax and internet. On Jan 18 Leyla and Arif Yunusov brought a case against Yasamal Branch of the Communication Ministry to Nasimi District Court. The suit demanded exclusively return of the telephone numbers and did not seek any indemnity for the material and moral inconveniences suffered.

On Feb 08 Judge S. Gafari asked the representative of the Communication Ministry to return the illegally confiscated telephone numbers to the plaintiffs and solve the problem. Otherwise, the next court hearing will be held on Feb 22. Mr. Famil Mehdiyev, the Communication Ministry representative, thought it necessary and possible to return the confiscated telephone numbers based on the AR legislation and finally to cancel the case. The Yunusovs also agreed to withdraw the suit in case of return of the telephone numbers.

The current third message of the IPD Action to demonstrate the possibility of dialogue with the authorities was supposed to be quite optimistic. We planned to express thanks to the Communication Ministry, its representative Mr. Famil Mehdiyev, and draw a picture of possibility to solve the problem without bribe and corruption. However, the representative of the CM Yasamal Branch a certain Mr. Vagif (he did not tell his surname), who was directly charged to restore the confiscated telephone numbers, showed complete disrespect for law and fidelity to corruption. Arif Yunusov was cynically told that the sum to be lost by the Yunusovs is not going to be big (!!!).

GOOD FOR YOU, VAGIF! This official of the Communication Ministry did not understand that the IPD Action seeks to demonstrate, including to the international community, commitment of the Azerbaijani authorities, including the Communication Ministry, to corruption, not law! That is exactly why this official conceals his surname!! He understands perfectly well that his actions go against the law and he is involved in corruption.

However, amid the total corruption in Azerbaijan, the surnameless Vagif is not even conscious of his offences!!!

As long as such vagifs work at the Communication Ministry neither Communication Minister Mr. Ali Abbasov, nor Head of the CM Yasamal Branch Mr. Fatulla Seyidov dare say that the CM practices are corruption-free and based on the national legislation.

On Feb 22 Nasimi District Court will hold a sitting on the suit against the CM Yasamal Branch.

On February 09 I participated in the regional seminar in Baku sponsored by the EU "Structured Dialogue on Civil Society and Local Authorities involvement in EC Cooperation" and attended by the EU representatives, European Parliament MPs, experts from the EU, Middle East and CIS. I myself had a perfect opportunity to tell about the above splendid example to prove impossibility for a citizen of Azerbaijan to restore his/her right to even unlawfully seized telephone landlines...

Possibility of dialogue between Civil Society organizations and authorities of Azerbaijan

Message No. 4

To: Mr. Ilham Aliyev

President of Azerbaijan Republic

Copy: Mr. Ramiz Mehdiyev

Chairman, State Anti-Corruption Commission

Mr. Ramil Usubov

Minister of Internal Affairs of Azerbaijan Republic

Mr. Ramiz Rzayev

Chairman, Supreme Court of Azerbaijan Republic

On Feb 10, 2011 in his speech addressed to the country"s citizens the President Ilham Aliyev said, "We must modernize our country and bring it up to the level of developed nations in all respects - in terms of political and economic reforms. We should tighten the public control in our country, be more serious in fight against bribery and corruption. My orders given early this year at the session of the Cabinet of Ministers are being executed to address these issues. I request that you and all citizens of Azerbaijan inform the Presidential Administration and other relevant bodies, local executive authority about all unpalatable facts, all kinds of unfairness, unreasonable demands, to urgently eliminate these blunders and this evil".

This CALL of THE PRESIDENT made me write Message No. 4 depicting law arbitrariness regarding the proprietary right and facts of far-reaching corruption from the side of H. Abutalybov, Chief of Baku City Executive Authority and his clique.

The copy of the Message is submitted to Mr. Ramiz Mehdiyev, Chairman of the State Anti-Corruption Commission.

Message No 2 on the IPD Action (see attachment) details the provisions of the AR Constitution, Civil and Housing Codes outraged by Baku City Executive Authority headed by H. Abutalybov, Executive Authority of Nasimi District of Baku. The authorities are forcedly deporting and evicting people from their apartments and houses located at Fuzuli and Shamsi Badalbeyli streets. The authorities embarked on eviction of residents at Mirzaaga Aliyev Street.

The involuntary eviction is accompanied by police violence against the Law on Police and the criminal legislation. This necessitates the submission of the copy of the Appeal to Internal Minister Ramil Usubov.

In spite of submission of our previous appeals (Jan 22 and 31, 2011) to the AR Presidential Administration, General Prosecutor"s Office, Supreme, Constitutional and Appeal Courts, Internal Ministry, Ministry of National Security, Justice Ministry, Baku City Executive Authority and Nasimi District Court, no action is being taken by the General Prosecutor"s Office or the State Anti-Corruption Commission to verify abuse of law by the above officials.

In view of above, we have to independently analyze the outrages of the national and international law committed by the mentioned officials, and demand their prosecution, especially amid the lawlessness and violence of the executive authorities on Feb 7-11, 2011 toward the residents of Shamsi Badalbeyli Street, which went the limits and are accompanied by police violence. The executive authority officials and police of Nasimi District of Baku (Head of Nasimi District Police Department Mammed Mikayilov) broke into apartments and demanded vacation WITH NO LEGAL GROUNDS.

Therefore, the actions of the 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) breaking into citizens" apartments and forcedly taking citizens to police stations 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.

The pivotal question - why have the illegal actions of Baku City Executive Chief H. Abutalybov, Baku City Executive Authority Secretariat Head Zulfaly Ismaylov as an immediate executor of the illegal actions, Colonel Mammed Mikayilov and police officers involved in the violence execution not been legally evaluated so far?!

Realizing the extent of the unlawfulness Abutalybov and his clique sought to shift the responsibility when they issued an order No. 511 dated 24.09.2008 to charge a certain "physical person Rufan Gabil oglu Kazimov with negotiations with citizens, their eviction and concluding an agreement" to purchase their property. The order was signed by H. Abutalybov!

In other words, the citizens are forced with all possible violence including demolition of their houses, eviction to streets, deprivation of freedom and pressure in police stations, to enter into agreements of purchase and sale of their apartments with a certain Rufan Gabil oglu Kazimov!!

The egregious example of widespread financial offenses is the transfer of AZN five million by the State Oil Company of Azerbaijan Republic (SOCAR) to the account of R. Kazimov. Order No. 511 provides for the transfer of the said amount of money.

After Rovnag Abdullayev, SOCAR President, had realized responsibility for transfer of this amount to the account of a certain Rufan Kazimov, SOCAR stopped the money transfer to Kazimov"s account and started the transfer to the accounts of the executive authority of Baku city. H. Abutalybov assumed the responsibility for financial offenses and the executive authority transferred the money to the account of Kazimov. It was the account that was used to purchase immovable property in Fuzuli and Shamsi Badalbeyli streets.

That is how public officials blatantly violate the national and international law.

Mr. Ramiz Rzayev, Chairman of the AR Supreme Court, many times publicly urged the country"s judges to abide by exclusively law, including when considering cases on offenses of public officials.

The copy of this Appeal to the President is also submitted to Mr. R. Rzayev with the hope that his words will correspond with his actions.

In nearest future we will learn about the decision of the trial judge. The action brought by Leyla and Arif Yunusov against H. Abutalybov was transferred to Nasimi District Court (Judge Emin Ahmedov).

The Appeal is submitted to the mentioned state bodies by courier mail and distributed in the media; its English version is distributed among relevant agencies with the European Union, Council of Europe, OSCE and international human rights organizations.

Leyla Yunus

Director, Institute of Peace and Democracy

38-2 Sh. Badalbeyli str.,

Baku, AZ 1014

Azerbaijan

E-mail: ipd1995@gmail.com

www.tt-ipd.info