Report on situation with the Human Rights and Freedoms in Nakhchivan AR

Being an integral part of Azerbaijan Republic Nakhchivan AR is geographically in a blockade condition for almost 20 years. A limited control of the republic by the central government to Nakhchivan AR has crated conditions for local government to possess unlimited authorities. The local government using this situation for its own interests was able to establish repressive political regime in the region. Violation of human rights in the region is becoming usual day by day. Almost all of the citizens" fundamental rights are violated in everywhere. Along with political, social, cultural rights the property rights are regularly violated by local officials. Population is facing daily unusual violation of rights in Nakhchivan AR which is completely different from other regions of the republic. Conditions of human rights and freedoms in Nakhchivan AR have been worsened in 2010 in comparison to previous years and became of urgent character. Thus population of the region is continuing to live under the dictatorship of political regime in this republic created by the head of the Supreme Council of Nakhchivan AR Mr. Vasif Talibov. Local brutal and ruthless political government in Nakhchivan AR has caused to people to live in fear. Crudely intimidated population of the region is not even able to complaint or protest regarding the violation of their fundamental rights. Applications submitted to central administrative bodies and other independent agencies regarding the neglect of local authorities have led complaining person and his/her family to face troubles. Persons with oppositional opinion protesting against the unfair treatment are forced to be taken to mental deceases hospitals or punished through being arrested. During the recent period the citizens of the republic who have not committed any violation of law are punished and detained in prison without any judgment of the court. The arrested people in fact are detained as hostages. The rights ensured to citizens by the legislation of Azerbaijan are violated by the local executive power structures and de - facto this Autonomous Republic is governed with "rules" out of law. The local authorities are continuing to violate the rights of employees working in budget funded organizations for recent several years. Civil servants with work schedule of 5 days a week are forced to come and attend community work days every week end. Regardless their social statue these civil servants are cleaning streets and growing crops and vegetables in fields. People protesting against these rules and instructions are blackened and fired. Although the number of people who are not satisfied with governance of local authorities is high the cruelness and mercilessness of local authorities prevent their access to mass media. Majority of people are afraid of highlighting their names freely on mass media and on other reports regarding human rights. The small and medium entrepreneurs are forced out from the business as a result of unfair competition by the time. Local executive power structures are demanding bribes from the owners of shops and markets who are small entrepreneurs 3000 - 10000 manats annually in order to allow them to work. Changing people"s lifestyle to the level of poverty, expansion of corruption in the region, punishment of people with oppositional view through unusual ways has caused to migration from the republic. The heads of families have to leave the country and migrate to foreign countries with the aim to provide income for their families. Although total population in the Autonomous Republic is close to more than 400 thousands people more than half of the citizens of the republic have left the region at the moment as a result of hard living conditions. Oppositional political parties in Nakhchivan AR have been remained inactive during 2010 as it was in a previous year as a result of firm repressions. Officially registered oppositional parties such as Azerbaijan National Front Party (ANFP), Musavat party, National Sovereignty Party, Azerbaijan Democratic Party are almost in completely paralyzed conditions. Representatives of local administrations of the above mentioned parties have to leave Nakhchivan AR and live in Baku. People who are members of oppositional political parties have to hide their political party membership in order to protect themselves from the pressure of the government. In such conditions the officials of the local executive power structures are appointing their trusted persons presenting them as representatives of the opposition during the important elections in the republic. In each parliamentary election the person who is not a member of the ANFP is elected to the National Council of Nakhchivan AR as Parliament member and representative of ANFP. All these facts are serving to create picture as if elections are conducted democratic. Conditions of freedom of speech and mass media are also awful. Totally 25 - 30 oppositional newspapers are brought from Baku to Nakhchivan AR every day from 4 editions. Newspapers are sold portably in hands by special persons. Population reads oppositional newspapers confidentially including civil servants and state officials. Although there are independent media and civil society representatives in a region their number is very limited. Independent journalists are providing Azerbaijani and international mass media with new information regarding the real situation in Nakhchivan AR. Local authorities forcing out oppositional political parties in the region are also taking into target local human rights defenders and journalists. They are regularly under the control of the police and special services. Time by time local authorities are preparing and disseminating special papers of slander and libel character with the aim to disparage journalists and human rights defenders among the population. It is stated on these papers about so called facts of betraying the state, selling information to foreign countries and damaging reputation of Nakhchivan AR in international level. The newspaper "Sharg Gapisi" (Eastern Gates) which is official edition of the Supreme Council of Nakhchivan AR and Permanent Representation of Nakhchivan AR in Baku are serving them as well issuing different kinds of similar statements. The Republic of Azerbaijan had become a member of the Council of Europe since 2001 and joined to international conventions. Although the representative offices of European institutes are active in Baku no representative offices of international organizations can launch its activity in Nakhchivan AR because of stubbornness of local political regime. Nakhchivan AR is attracting attention of international organization being a region where human rights and freedoms are most often violated. Any international organization that would like to conduct monitoring of conditions of human rights and freedoms are not allowed to come to the region by the local authorities or various obstacles are created for their activities. On the reports on human rights in Azerbaijan prepared by international organizations during the recent years Nakhchivan AR is always mentioned negatively. Civil freedoms and property rights Unlike the other regions of Azerbaijan conditions of human rights and freedoms in Nakhchivan AR are continuing to get worse day by day. Every time people in this region are facing cruel repressive actions of local administration. If previously only political parties were mainly facing pressure of the local authorities then now all the population of the republic totally facing this pressure. Regardless social and political position the property rights of population of the republic are violated in all fields. From the economic point of view almost more than 80 % of population is living in a level of poverty. Social conditions of people facing bribery and corruption every day in state structures are getting worse. Corruption in all fields of life in Autonomous Republic is limiting free and safe life of population. Socially active persons are facing brutal pressure often when they attempt to protect their violated rights protesting against violation of law. They are usually sent to the mental decease hospitals, illegally arrested or deported from the Autonomous Republic. Geographic blockade of Nakhchivan AR has made complicated entrance to the region. The territories of Iran and Turkey are used as transit for entrance of people to Nakhchivan AR by car. People are not able to register their property which they buy and bring from Baku when they enter to the Autonomous Republic through this way. Enormous amount of payment is required from people in custom control points in a form of custom fee. Sometimes even several goods depending on types are not allowed to the republic purchased in Baku or in other regions of Azerbaijan. One of the other types of illegal actions in custom - control points is that persons who would like to go to Iran or Turkey are allowed to do it once in 15 days e.g. the time period between the last leave to abroad and next leave can only be at least 15 days. This is limiting people"s free migration opportunities. Although all these restrictions are not stated on the legislation of Azerbaijan Republic they are applied with the instructions of local authorities. Resident of Jahri village of Babek district Mr. Zahid Ismayilov has faced closure of the restaurant which belongs to him and pressure since September 2010. Although all the documents of public service facility are correct, all the taxes to the state budget are paid it was required by the representatives of executive power bodies of the district to close the restaurant after working for certain period of time. Structures applying this sanction informally have given permission to use this facility as a stable for holding cattle. However the entrepreneur has decided to avoid conducting actions for some time in order to avoid facing pressure. It should be mentioned that Mr. Zahid Ismayilov was elected head of municipality from Jahri village of Babek district for 2004 - 2009 as an independent candidate. Although he was the head of municipality until early 2009 he left his job as a protest to illegal actions of local administration 8 months before the end of his term.Citizen of Nakhchivan city Mr. Faig Aliyev has bought private car model of 2000 corresponding to Euro 2 standards from neighbor country Georgia on October 2010 and entered to Azerbaijan. The car had passed custom station, custom fees were paid and it was officially registered. However as the place of residence of the owner is Nakhchivan city it was mentioned to get license plate for the car in Nakhchivan AR State Traffic Police department. The owner of the car had brought the car on the same month to Nakhchivan through Iran in transit way and submitted documents to Nakhchivan AR State Traffic Police department with the aim to get registration. There was reply from the Nakhchivan AR State Traffic Police department that the authorities of the autonomous republic issued an order not to register cars of models before 2005. Although the owner of the car applied to various relevant structures regarding this illegal action with complaints no result has been achieved. Close to three months the car I used with transit license plate. Political freedoms The New Azerbaijan Party is still the only party in Nakhchivan influencing to political authorities and governing the country as it is in all regions of Azerbaijan. Being a government party and holding high level material - technical capacity this party is not satisfied with this and forcing people working in entities funded from state budget to become member of this party. Unlike the governmental party oppositional parties in Nakhchivan AR are in terrible conditions. The government is using all the ways of pressure in order to force out oppositional parties from political arena. It is provided small offices to oppositional parties in Nakhchivan city with 15 - 20 square meters space which are in awful conditions however the branches of these parties in districts and villages of the republic do not have any offices at all. People are forced to be member of government party while to oppositional parties people getting membership on their own will. As there is no free environment for conducting political activities persons prefer to hide their political origin. Oppositional forces using unequally material - technical resources of the state are not able to achieve success for a long period. Parliamentary elections had been conducted on November 7, 2010 in Azerbaijan. Political parties had to start competition from the time when pre election campaign was launched. However there were no opportunities for opposition in Azerbaijan as well as in Nakhchivan AR to conduct political competition. The authorities were using resources of all TV channels and mass media and organizing meetings with their voters at any place they want. However opposition was facing restrictions for speeches on TV channels, there were forbidden to conduct meetings in open squares. The only way to organize election campaign was to conduct door to door visits and propagation campaigns through few oppositional newspapers. One of the problems that opposition was facing during the election campaign was limited registration of candidates and observers. Opposition candidates" posters were ripped from the walls and boards during the propagation campaigns and they were changed with the posters of candidates from the governmental New Azerbaijan Party. Passive participation of population at elections during the election day had created opportunity for authorities to commit falsifications. The authorities organized groups of people consisting of 10, 20, or 30 persons and created opportunity for them to vote in different districts in several polling stations. The representatives of opposition protesting against the falsifications had faced pressure, they were forced out from polling stations, taken to police departments and fined in administrative ways. After the polling stations were made free of opposition observers the election boxes were filled in with ballots for the favor of candidates from authorities by the members of commission. At the end of the day when the elections were over commission members signed the minutes of elections prepared before and completed their mission. All these processes are under the strict control of executive power structures. 15 Officers of criminal investigation department of the Ministry of Internal Affairs of Nakhchivan AR under the command of the chief of department Gulu Rustamov had attacked the Chairman of the Nakhchivan branch of UMID party Faig Aliyev. High ranked police officers attacking the house of the chairman of the party made attempts to take him to the Ministry of Internal Affairs without any justification in order to make them to write an explanation. Faig Aliyev refused to go with police officers stating that their act is illegal. The representative of the party demanded to show official letter calling him to come to the ministry. He and his family faced disparagement and physical pressure. When he saw that the situation is critical he asked human rights defenders Mr. Ilgar Nasibov and Mr. Elman Abbasov to come to his house and agreed to write statement to police in their attendance. When human rights defenders had arrived to his house within 15 minutes after the call policemen had already left his house. When human rights defenders went to the ministry to clarify the issue the police had avoided discussion of the issue and stated that the operation had to be conducted in another place, the police officers confused the place. However the chairman of the party is stating that this was a way to apply pressure on him for his political activity. United candidate from the ANFP and Musavat oppositional election block representing Sharur - Sadarak constituency N 1 Mr. Ilyas Abdullayev had conducted press conference in Nakhchivan city on November 3, 2010 and stated that is going to refuse to continue running for office in parliamentary elections. The reason for candidate for taking back his candidacy from elections was the absence of normal election environment, people living in fear, the use of all resources of the state illegally by Vasif Talibov as a chairman of Supreme Council of Nakhchivan etc. The opposition candidate stated that when he decided to run for office in parliamentary elections his relatives and friends gave their signatures and supported his initiative. However some time later those people faced strong pressure by the government representatives. His relatives and friends had to take back their signatures given to Mr. Abdullayev a short term before the elections. Mr. I.Abdullayev is also stating that if I don"t take back my candidacy these people will face more pressure after the elections. Another candidate from the ANFP - Musavat election block to parliamentary elections Mr. Yashar Baghirsoy is also stating on the press conference conducted together with other opposition representatives that the authorities are using any kind of methods of pressure. The candidate is stating that although he is a candidate running for office from Julfa - Babek constituency N 6 even no independent observer will be able to observe the elections. The Constituency Election Commissions and Precinct Election Commissions refused to give observer mandates to representatives of opposition. Representatives of executive power had concentrated al their forces to propagate the candidate of the New Azerbaijan Party. Even the minutes describing the brutally violated results of elections are not provided to candidates. Despite all the violations Mr. Baghirsoy stated that he is going to fight until the end. The candidate from ANFP - Musavat election block from the Constituency N 2 Mr. Sakhavat Aliyev"s brothers, residents of the Pusyan village of Sharur district Sabit Aliyev and Chapay Alisoy were his advocates during the election campaign. Brothers of the candidate had obtained a lot of documents proving the violation of law committed during the parliamentary elections. On one of the documents obtained that final minute of the Sharur District Constituency N 2 was prepared 5 days before the election day and there was stated that the candidate from the New Azerbaijan Party Isa Habibbeyli has won the election winning his rivals with 80 % advantage of votes. The advocates submitted complaints to central governmental bodies regarding the falsifications in elections and disseminated information on mass media. With the aim to prevent their further actions the authorities started their first pressure to Aliyevs family on November 12, 2010. Within this term Sabit Aliyev was called to Sharur district police department and arrested with framed up suit. According to the suit Sabit Aliyev insulted the executive representative of Pusyan village Amil Abilov and principle of school of the village. Sabit Aliyev was arrested November 12, 2010 without any court judgment and there was not allowed him to meet with his family. Democracy and NGO Development and Resource Center had taken into account seriousness of situation applied to international organizations 6 days after the arrest and issued statement regarding their protection. A day after the statement Sabit Aliyev released to freedom. However the family was still facing pressure. The pressure to the family was strengthened starting from early December 2010. The Minister of Internal Affairs Mr. Ahmad Ahmadov and chief of the Sharur district police department Mammad Huseynov had attacked the Aliyevs family"s house with 50 police officers. The shop which belongs to the family was destroyed and goods in it were confiscated. The Minister of Internal Affairs Mr. Ahmad Ahmadov beaten brutally Chapay Alisoy and her sister Rakhshanda Tagiyeva together with other members of their family and their relatives. After this attack Chapay Alisoy got serious craniocerebral trauma and had to lay on bed. Local authorities had forbidden emergency medical service to treat the family that was in need of medical treatment. No doctor or physician was able to visit the family and treat patients. With the aim to put the end to such injustice the Democracy and NGO Development and Resource Center decided to establish negotiations with the European Union and asked them to interfere to the case. Although some diplomats from the above mentioned organization had arrived to Nakhchivan and wanted to visit Pusyan village the local authorities did not give any guarantee to their safety and advised to leave Nakhchivan. The representatives of the international organization were not able to visit Pusyan village. Persons among the family members who got heavy injuries do not have access to treatment at the moment and they are left to the mercy of fate. Mr. Zakir Askerov who was an observer on his own initiative at the Polling Station N 6 of the Constituency N 2 of Sharur district had lost his job in Sharur district Communication office where he was working in a position of postmen on November 30, 2010 for fixating election falsifications and sending information. Principle of the office Arastun Huseynov asked Mr. Z.Askerov to write statement asking to dismiss him from his job. When Mr. Z.Askerov stated that they do not have right to fire him he was fired on the reason "shortcomings in conducting his duties and responsibilities". Although Mr. Z.Askerov applied to the court regarding the violation of his rights his civil action was not even reviewed by the court. After the elections on November 22, 2010 chairman of the Musavat party Shahbuz district branch Mammadgulu Aliyev and his son Hafiz Aliyev were fired from their jobs in Kechili village of Shahbuz district where they used to work as teachers. The reason for losing his job for Hafiz Aliyev was that he took part at elections as an independent observer and cooperated with NGOs. Mr. Mammadgulu Aliyev had lost his job for his regular speeches on mass media about falsifications in elections. Father and his son started hunger strike on November 29, 2010 as a protest to pressure towards them. Resident of Pusyan village of Sharur district Mr. Zulfugar Taghiyev had lost his job in Electricity Power Supply Network of the district where he used to work in a position of fitter for giving his vote to opposition candidate. Chief of the Sharur district Electricity Power Supply Network office Mr. Tahir Gozalov admitted that the reason for firing Mr. Taghiyev from his job was the fact that he voted for the candidate from oppositional ANFP - Musavat election block Sakhavat Aliyev. Z.Taghiyev demanded to give him the order stating the reason for firing him from his job and warned to apply to the court. Although the aggrieved person insisted on getting a copy of the order it was not given to him so far. This was done in order to prevent him to apply to the court. However Z.Taghiyev applied to the court on December 7, 2010 but the court refused to review the case until the copy of order on firing from the job is not submitted to the court. Civil society and government Civil society in Nakhchivan AR is very weak as a result of cruel regime established by the local authorities. Although close to 50 NGOs have got official state registration majority of them are under the control of authorities except the Democracy and NGO Development and Resource Center. Despite that close to 50 NGOs have got state registration most of them are actually inactive. One of the organizations conducting active public activity in Nakhchivan AR is "Monitoring of Human Rights and Media" Public Union. This organization is active close to two years. Although its documents have been submitted to the Ministry of Justice of Nakhchivan AR it is not officially registered without provision of justification. In fact the local authorities are not only interested in development of civil society but they are also creating obstacles for its development. Chairman of the Supreme Council of Nakhchivan AR Vasif Talibov had signed decree at the end of 2009 providing support to NGOs. It was mentioned on the decree establishment of state NGO support council under the chairman of the Supreme Council of Nakhchivan AR with the aim to achieve development of civil society and allocation of 150.000 AZN (1 Euro = 1.05 AZN) funding from the state budget for NGOs as a grant. The Cabinet of Ministers of Nakhchivan AR appointed as a responsible party on execution of the decree. However this decree was not implemented because of unknown reasons and no information was provided to public on this issue. Management of the Democracy and NGO Development and Resource Center had been in the Cabinet of Ministers of Nakhchivan AR in order to investigate this issue. The organization was informed by the ministry that although such decree is signed no instruction is given regarding the execution of this decree so far. Inspection started in the Democracy and NGO Development and Resource Center on January 2010 had been continuing until April of that year. Tax bodies which were not able to find any illegal actions on activities of the resource center and its financial reports had prepared official minute and stopped the inspection. During the inspection by the tax bodies one of the employees of the resource center Mr. Vafadar Eyvazov were taken in a car to desert place by unknown persons and he was cruelly beaten there. These persons demanded from Vafadar Eyvazov to stop his public activity and leave Nakhchivan. After April Foreign Affairs Office of Nakhchivan AR had prepared letters full of information of slander and libel character about the resource center which is far from reality and sent it to international donor organizations working in Azerbaijan. It is possible to see from the text of the letter that activity of the resource center in the field of human rights is disturbing authorities. The aim of authorities was to create problems between the organization and donors through such kind of letter of slander and libel character. Freedom of speech and mass media Journalists in Nakhchivan AR that are complying limited number of people are facing huge pressure by the local authorities. The representatives of mass media have been regularly facing big financial penalties, intimidations, arrests and physical violence in ordered litigations. Although there is no censorship on mass media on national legislation acts in fact existence of cruel regime forcing journalists to apply self censorship towards themselves. Population of the region guess in advance on what results can lead open reading of oppositional newspapers. They face troubles if they give interviews to journalists. The persons who would like to highlight their problems on mass media avoid to give their names or voices on mass media. They mostly prefer to be anonymous. Journalists do not often provide names of the respondents in order to protect their safety. However provision of anonymousness regularly is not always bringing success.One of the important ways of provision of freedom of speech and mass media, free access to information and its dissemination is internet service. Unlike the other regions of Azerbaijan there is only one internet provider in Nakhchivan AR (www.nakhinternet.az). This provider belongs to the Ministry of Communication and Information Technologies of Nakhchivan AR. As there is no alternative option the prices of internet is very high and quality is very low. The authorities holding on their hands internet service have an opportunity to interfere to "servers non grate" and apply limitations for use of web pages. Thus the rights of people on access to information are restricted. On December 16, 2010 when a group of journalists and human rights defender e.g. reporter of the TURAN information agency Mrs. Malahat Nasibova, employees of RATI Mr. Elman Abbasov, Hakimeldostu Mehdiyev and Rasul Jafarov were returning back from Pusyan village of Sharur district after preparing report about the village a group of people in civil clothes had blocked the highway with their cars and attacked reporters. Although there was attempt to stop the reporters" car the car beaten with stones and fists while passing over the barricade. Later journalists and their families were receiving phone calls from unknown persons and intimidated. There was given official application to the police about the accident but police did not do anything. In two days the official mass media structures had only highlighted intimidation statements of people attacking journalists. There were conducted parliamentary elections in Azerbaijan on November 7, 2010. Local journalists observing the elections and collecting information about elections were not allowed to enter to polling stations and faced pressure. The reporter of the TURAN information agency Mrs. Malahat Nasibova and journalist Ilgar Nasibov had faced physical pressure by the chairman of the Precinct Election Commission Mr. Samad Mammadov and their professional activity was limited. Regional reporter of RATI Mr. H.Mehdiyev faced the same situation at the polling stations in Sharur district. Freedom of religion and conscious Almost all the people living in Nakhchivan AR are closely belong to Shiite direction of Islam. Population of Nakhchivan has always been distinguished with their special mentality and loyalty to religion. Religious events have been usually implemented by the people living in Nehram, Bananiyar and Tivi villages of the region with great interest. During the recent years the participation of people in religious events (Ashurah) in these villages as well as in other villages coming together has been restricted by the local authorities. Restrictions and pressure are strengthening people"s intention and interest to religion. Traditions and faith inherited from ancestors during hundreds of years are facing restrictions by the political authorities in recent years. The resident of Mughanly village of Sharur district, graduate of the Azerbaijan Islam University Kamil Imanov is persecuted by the local authorities for his religious belief for a long period of time. He is not allowed to work anywhere despite having 6 family members under his custody who are not able to bring income. His attendance in religious ceremonies and events is forbidden. He was stopped by the officers of Nakhchivan State Border Service and warned that he can not leave the country when he wanted to go for pilgrimage to Kerbala city of Iraq on February 5, 2010. K.Imanov had been conducting hunger strike for 3 days together with his family as a protest to this restriction. Although he had sent information for several times to the president and other governmental structures his rights are still violated. In early 2010 the residents of Bananiyar village of Julfa district faced brutal pressure of authorities when they were attending Ashurah event in the village. Close to 40 residents of the village were arrested or sent to hospitals for mentally deceased persons. Mr. Rza Nuriyev who was a respected person in the village and teacher was arrested on January 5, 2010 during the attack of police and internal troops to the village and he was detained in terrible conditions in prison for 17 days facing torture. Police had arrested Mr. R.Nuriyev as an organizer of Ashurah event. During his detention in prison his students were forced to disparage him. R.Nuriyev had got very hard injuries, however moral disparagement that he had faced influenced him very negatively. Although the respected person of the village was released from the prison on January 22, 2010 he had passed away on February 23, 2010 as a result of moral - psychological disparagement at the age of 62 from heart attack. According to traditions of Islam Moslems are coming together on Fridays and doing Friday Namaz (Praying). People should massively pray together in committing this praying. Religious leader is reading Moisa to people during this massive praying. Prayers were receiving different information about Islam and preferring to talk on the topic of justice and human rights. Sometimes it was possible to hear calls to political authorities to be fair. Such order of this praying event have always been disturbing Nakhchivan AR authorities. Thus organization of Friday Praying events has been forbidden unofficially for quite a long time. Recommendations to the Central Government bodies of Azerbaijan and international organizations Nakhchivan AR region is a place in Azerbaijan where human rights and freedoms are most often violated. The Democracy and NGO Development and Resource Center is considering urgent to present to your review the following recommendations with the aim to restore human rights and freedoms in the region:· There has to be adopted improved laws with the aim to improve conditions of democracy and human rights in Nakhchivan AR, non - governmental organizations have to conduct public control to execution of laws;· Cruel governance of local authorities is negatively affecting the image of Azerbaijan in international level. Authorities must eradicate the actions limiting human rights and freedoms and respect human tights;· The weak control of central government on Nakhchivan AR is providing opportunity for local government to possess unlimited authorities. Very rarely officials are coming from Baku and visiting Nakhchivan. There should be provided reporting between local executive power structures and central executive power structures and control over the region must be strengthened;· Although international organizations have opened their representative offices in several regions of Azerbaijan they have not been able to influence to Nakhchivan AR so far. The failure in attempts of European international institutions entering to this region is not positively affecting conditions of human rights. The organizations such as the European Union, OSCE must conduct negotiations with central government and initiate launching their representative offices in Nakhchivan AR as soon as possible. Press Service of the Democracy and NGO Development and Resource Center