HRW CALLS ON AZERBAIJANI GOVERNMENT TO ENSURE RIGHTS FOR ISMAYILLI PROTESTERS
BERLIN. January 30, 2013: The Human Rights Watch issued a press release
calling on the Azerbaijani government to respect the rights of the
people arrested during the Ismayilli protests. Below is the full
text: Azerbaijani authorities should ensure that everyone detained
in connection with riots and protests in the city of Ismayilli has
access to a lawyer and that no one is ill-treated in custody. The
authorities should free everyone detained in Baku, the capital, who
did no more than peacefully protest events in Ismayilli, and ensure
independent monitors enjoy unimpeded access to Ismayilli.
Violence erupted in Ismayilli, a regional center about 200 kilometers
northwest of Baku, on January 23, 2013. A seemingly minor car accident
led to riots and mass protests calling for the local governor’s
resignation. Numerous news media reports described several waves of
clashes between law enforcement and protesters. Police used teargas and
rubber bullets to quash the riots and restore order. In the aftermath,
dozens of people were arrested in Ismayilli, though authorities say
that as of January 30 only 12 remain in custody, facing criminal
charges of looting and organizing riots. Many others have been fined
and released.
“The Azerbaijani authorities have a terrible record of ill-treating
detainees,” said Giorgi Gogia, senior South Caucasus researcher at
Human Rights Watch. “The government needs to make sure that no one held
in relation to the riots and protests in Ismayilli is ill-treated. A
key safeguard against that happening is to immediately allow detainees
confidential meetings with their lawyers.”
Although information is difficult to verify as residents are afraid
of speaking out, Human Rights Watch spoke with three lawyers who
reported several incidents of due process violations and one case in
which a detainee was beaten in custody.
On January 26 in Baku, a large number of uniformed and plainclothes
police rounded up dozens of people who tried to hold a peaceful,
but unsanctioned, rally in the city center to express solidarity with
people in Ismayilli.
On January 29 in Ismayilli, police stopped a group of 20 human rights
defenders monitoring events there. A member of the group said police
took five of them to the police station for questioning, and then
released them, with instructions for the group to leave Ismayilli
because their presence risked “raising tensions.” The group remained
in Ismayilli.
The government should allow human rights monitors and journalists
unimpeded access to Ismayilli to document the events that began on
January 23, as well as assess the treatment of detainees, and whether
the police have engaged in excessive force to quell the riots, Human
Rights Watch said.
The crackdown, and the arrests in Baku, came less than a week after
the Council of Europe’s Parliamentary Assembly adopted a report highly
critical of the Azerbaijani government’s human rights record. The
assembly said in a resolution that Azerbaijan’s authorities should
take concrete steps to ensure independence of the judiciary, hold
law enforcement officials accountable for torture and ill-treatment,
decriminalize libel, and ensure freedom of expression and assembly.
The unrest in Ismayilli started during the night of January 23, when
a hotel owner who media reports said is related to the local governor
drove his car into an electricity pole and started to fight with a
taxi driver parked nearby. Based on numerous media reports, dozens
of other people joined the brawl to support the taxi driver, and an
angry mob torched the hotel and two cars parked in the backyard. The
mob then set fire to a car and two motorcycles parked at the home of
the regional governor’s son. The police said the rioting lasted for
about four hours and that they struggled to contain the mayhem.
The next day hundreds of protesters gathered in front of regional
government buildings and demanded the governor’s resignation. The
protesters expressed frustration with poverty, widespread unemployment,
and corruption. Law enforcement officers used teargas, water cannons,
and rubber bullets to disperse the crowd, detaining dozens of
protesters.
Human Rights Watch is not in a position to assess whether the
circumstances warranted use of force to disperse the protesters,
nor if law enforcement escalated the use of force in a proportionate
manner. The Organization for Security and Cooperation in Europe
(OSCE), which has a mission in Baku and has carried out police training
programs, should examine whether the use of force was carried out in
accordance with international standards, Human Rights Watch said.
Because rubber bullets may in certain circumstances have lethal
force, they should be treated for practical purposes as firearms,
Human Rights Watch said. The United Nations Basic Principles on the
Use of Force and Firearms by Law Enforcement Officers state that “law
enforcement officials must not use firearms against persons except
in self-defense or defense of others against the imminent threat of
death or serious injury.”
“A lot of questions need to be answered about what happened in
Ismayilli,” Gogia said. “Was the use of force necessary? Did police
exhaust non-violent methods of crowd dispersal? And if so, was the
force used proportionate to the threat? The authorities should allow
human rights defenders to look into these issues without hindrance.”
Detention and Ill-treatment Police have not yet released official data
on how many people were detained. In Ismayilli, local activists told
Human Rights Watch that at least 150 people were arrested on January 24
and 25, although some media reports cite higher figures. Most detainees
were transferred to nearby districts of Gokchay, Gabala, and Shamakhi,
while some were taken to Baku’s Nasimi district police station.
There have been credible allegations of ill-treatment during
detention and in police custody. “Rufat” (name altered for security
considerations), a close relative of a released detainee, told Human
Rights Watch that the detainee, “Emin,” had been beaten in police
custody to coerce him into signing a false confession that he had
engaged in looting. Rufat said that police beat Emin on his chest
using a rubber truncheon, as a result of which Emin was still having
severe chest pains. Emin was released after a court appearance in
which he was fined.
“Authorities should conduct prompt, thorough, and effective
investigation into all allegations of ill-treatment in custody and
hold those responsible to account,” Gogia said.
Perfunctory Trials Many of the detainees were tried for misdemeanor
violations for participating in unsanctioned demonstrations and
resisting police orders. Human Rights Watch interviewed several lawyers
who had problems getting access to their clients and defending them
effectively and who said trials were short and perfunctory.
One of the lawyers said that despite numerous requests he was not
allowed to meet confidentially with his client, who was detained on
January 25 and is being held at the Organized Crime Unit in Baku.
Police initially denied him access altogether, and later said he
could meet with the client only in presence of an investigator.
“I had information that my client had been beaten in custody and
wanted to have a face-to-face meeting with him,” the lawyer said.
“However, they [police] wanted the investigator to be present there,
so that my client would not speak to me openly. I refused to have
such a meeting altogether.”
Human Rights Watch has previously reported on torture and ill-treatment
at the Organized Crime Unit.
Another lawyer, who requested anonymity, told Human Rights Watch that
police asked him to serve as a defense lawyer for one of the detainees
and instructed him to urge the man to sign a prepared confession and
plead guilty. The lawyer refused.
Another lawyer told Human Rights Watch that trials lasted barely more
than a few minutes. He said he had observed the Gokchay District
Court sentence about 80 detainees under administrative proceedings
in less than 10 minutes.
All detainees have the right to due process, including a right to a
lawyer of their choosing, as well as to an open and fair trial, and
the authorities should guarantee these rights, Human Rights Watch said.
According to numerous media reports, Ismayilli is under effective
lockdown. Several residents described to Human Rights Watch a heavy
police presence in the area, including armored vehicles. While there
is no official curfew, the residents are urged not to leave their
homes after 8 p.m. Reports suggest that police have been using amateur
video footage available online to identify participants in protest
actions and detain them.
Violent Dispersal of Peaceful Baku Protest On January 26, youth
activists tried to organize a protest in Baku’s center to express
support for people in Ismayilli. Starting in early morning, uniformed
and plainclothes police amassed in the city center.
As soon as the activists started arriving, chanting “Freedom!” or
other slogans, police rounded them up, shoving them into waiting
buses and police cars. Numerous amateur videos, as well as Radio Free
Europe/Radio Liberty live streaming from the protest, showed that the
demonstration was peaceful and that the protesters did not offer any
resistance or use any violence.
“Although the demonstration was unsanctioned, the police should
not have used force to disperse protesters who posed no threat,”
Gogia said.
Police rounded up more than 50 of the Baku protesters. Some were
released after being transported to the outskirts of Baku. Others
were taken into police detention and faced administrative charges for
participating in and organizing an unsanctioned rally. Local courts
sentenced five activists to administrative imprisonment ranging from
13 to 15 days, including the well-known blogger and social media
activist Emin Milli, who is serving a 15-day sentence.
The courts also fined three activists up to 2,500 AZN (about US$3,200)
for organizing an unsanctioned protest, while 17 protesters were fined
between 400 (about $510) and 600 AZN (about $760) for participating
in an unauthorized protest.
Since early 2006, authorities have not authorized a single opposition
protest in the center of Baku and have forced all political
demonstrations into designated zones on the outskirts of the city.
Such a blanket ban on freedom of assembly in the central areas of
Baku goes against Azerbaijan’s international commitments to freedom of
assembly and expression, Human Rights Watch said. As the European Court
of Human Rights has warned, “Sweeping measures of preventive nature
to suppress freedom of assembly and expression … do a disservice
to democracy and often endanger it.”
In November 2012, in a further restrictive move, the parliament
increased sanctions for participating in and organizing unauthorized
protests, establishing fines of up to 1,000 AZN ($1,274) for
participating and 3,000 AZN (US$3,822) for organizing.
Azerbaijan is a party to a number of human rights treaties, including
the European Convention on Human Rights, which imposes obligations on
the government to respect the right of assembly and to refrain in all
circumstances from engaging in prohibited ill-treatment of protesters.
The government also has a duty to investigate and remedy violations.
The Council of Europe assembly’s resolution on Azerbaijan’s rights
record highlighted many outstanding concerns, including violations
of freedom of assembly. The assembly urged the authorities to ensure
freedom of assembly by allowing protest actions to take place in some
areas of Baku city center and called on them to “refrain from using
disproportionate police force against peaceful protesters.”
“Azerbaijan should heed to the Council of Europe’s recommendations and
stop banning peaceful assemblies, release anyone detained for merely
expressing their views publicly, and investigate law enforcements’
actions,” Gogia said (HRW).