Azerbaijan: Political opposition leaders must receive fair trial

Amnesty International
AI Index: EUR 55/001/2004 (Public)
News Service No: 113
4 May 2004
Azerbaijan: Political opposition leaders must receive fair trial
Amnesty International today called on the Azerbaijani authorities to
ensure that seven leading members of the political opposition in
Azerbaijan receive a fair trial in line with international standards.
Rauf Arifoglu, a deputy chairman of the Musavat (Equality) party and
editor-in-chief of the Yeni Musavat opposition newspaper, Arif Hajili
and Ibrahim Ibrahimli, also deputy chairmen of Musavat, Panah
Huseynov, chairman of the Khalq (People) party, Etimad Asadov,
chairman of the Karabakh’s Invalids Association, Sardar Jalologlu,
the executive secretary of the Azerbaijan Democratic Party and Igbal
Agazade, the chairman of the Umid (Hope) party are due to go on trial
at the Court for Grave Crimes in Baku later this week for their
alleged participation in violent clashes between opposition
supporters and law enforcement officers in the wake of the
presidential elections in October 2003. All seven political opponents
are reportedly accused of having masterminded the post-election
violence and are charged with organizing mass disturbances (Article
220 part one of the Azerbaijani Criminal Code) and endangering the
life or health of representatives of the authorities by means of
force (Article 315 part two) – charges which they have consistently
denied since their pre-trial arrests in October 2003.
Amnesty International is concerned about allegations that, after they
were reportedly arbitrarily detained, some of the seven opposition
politicians were tortured by members of the Ministry of Internal
Affair’s (MVD) Organized Crime Unit (OCU) to force them to confess to
having organized or participated in the post-election violence and to
denounce the opposition electoral bloc Bizim Azerbaijan (Our
Azerbaijan) and its presidential candidate, Isa Gambar, the chairman
of Musavat and runner-up in the election, who had been placed under
house arrest.
For example, on 17 October masked OCU officers detained Iqbal
Agazadeh at his home, after a special session of parliament had
stripped him of his parliamentary immunity earlier that day. On the
way to the OCU offices he was allegedly repeatedly punched in the
face with a steel-reinforced glove. At the OCU he was reportedly
severely beaten and tortured during three days in order to force him
to denounce Isa Gambar in a television interview on 20 October, after
which he was allowed access to his lawyer. His lawyer told the
international non-governmental organization Human Rights Watch that
Iqbal Agazadeh’s body was covered in bruises and that he had been hit
some 50 times on one leg.
Others were reportedly detained in cruel, inhuman and degrading
conditions. Rauf Arifoglu told members of the international press
freedom organization Reporters without Borders, who visited him in
pre-trial detention in Bailov prison in Baku, that he had been held
in solitary confinement for 32 days and forced to sleep on the floor
of an unheated cell for 18 days. He went on hunger strike in December
2003 and again in February 2004 together with dozens of opposition
detainees to protest their arrests, which they believe were
politically-motivated.
“Such ill-treatment and torture are against basic human rights
principles endorsed by Azerbaijan when it signed and ratified the
European Convention on Human Rights and if substantiated cast serious
doubts on Azerbaijan’s commitment to the respect of human rights and
the rule of law,” the organization said.
Amnesty International is further concerned about reports from earlier
trials of opposition activists, accused of having taken part in the
post-election violence, that evidence based on confessions extracted
under torture was admitted in court. The organization reminds the
Azerbaijani authorities of their obligations under international fair
trial standards not to admit such evidence in court and to promptly
and impartially investigate all allegations of torture and
ill-treatment and bring the perpetrators to justice.
Background
In August 2003 President Heydar Aliyev appointed his son, Ilham
Aliyev, as Prime Minister. Two weeks before presidential elections on
15 October, he resigned as President and withdrew his candidacy in
favour of his son who went on to win the elections by a large margin,
as the sole candidate, for the ruling Yeni Azerbaijan (New
Azerbaijan) party. The elections were marred by widespread voting
irregularities, including ballot box stuffing, multiple voting and
intimidation of voters and election observers. Scores of election
officials who refused to sign flawed election protocols during the
vote count were reportedly threatened and detained. Violent clashes
between opposition activists protesting election irregularities and
officers from the police and MVD special forces in the centre of the
capital Baku on 16 October left hundreds of protestors and dozens of
police officers injured, many seriously, and claimed at least one
death. Over 50 independent and opposition journalists covering the
demonstration were reportedly severely beaten by police and several
were detained along with scores of protestors and bystanders. There
were credible reports that large numbers of opposition activists or
supporters and members of their families were intimidated and
dismissed from their jobs following the election because of their
political affiliation.
Hundreds of opposition activists, officials and supporters – mainly,
but not exclusively, of the Musavat party – were detained throughout
the country reportedly for “instigating, organizing or participating
in violent activities”. Most were sentenced to short-term
administrative detention but more than a hundred were remanded in
custody. To date 118 opposition activists have been tried in separate
court cases for their alleged participation in the post-election
violence. Thirty three men received prison sentences of between three
and six years while the rest received suspended sentences. Among
those who received a conditional sentence was human rights activist
and imam of the independent Juma mosque, Ilgar Ibrahimoglu. He was
released on 2 April.

Statement of CRD / Transparency International Armenia

A1 Plus | 16:03:02 | 23-04-2004 | Politics |
STATEMENT OF CENTER FOR REGIONAL DEVELOPMENT/TRANSPARENCY INTERNATIONAL
ARMENIA
Considering the unprecedented political persecutions, violence and arrests
that took place in the Republic of Armenia during the last weeks as a direct
result of political corruption manifested at the presidential and
parliamentary elections, Center for Regional Development/Transparency
International Armenia appeals to international community to condemn the
above-mentioned actions undertaken by the Armenian authorities violating
democratic principles, and calls to take real measures against the current
authorities for not following international obligations aimed at ensuring
democratic development of the country.

BAKU: Apresyan, Teryan might leave Azerbaijan

Baku Today
April 23 2004
Apresyan, Teryan might leave Azerbaijan
Baku Today 23/04/2004 19:50
Leaders of an international group which functions for release of
prisoners of war and hostages Bernhard Clasen and Paata Zakareishvili
have met with Artur and Roman in Baku today.
The two ethnic Armenians have asked Clasen and Zakareishvili to
assist them in getting residence `in a third country’, according to
ANS.
Apresyan and Teryan had fled to Azerbaijan from Armenia in quest of
refuge against constant abasement to their personalities on the part
of Armenians.
Clasen said, his group will help and to leave Azerbaijan for another
country.
`We hope to settle their problems with humanitarian methods,’ said
Clasen.

BAKU: Russia, West unhappy with Armenian president

AssA-Irada, Azerbaijan
April 19, 2004
RUSSIA, WEST UNHAPPY WITH ARMENIAN PRESIDENT
“The developments in Armenia will have the same effect as
ex-President Ter-Petrosian’s stepping down in 1998. The protest
actions may subside now, but not for very long”, says the Director of
the Political Innovations and Technologies Center Mubariz Ahmadoglu.
He said that even if the opposition comes to power in Armenia, it
will not change the country’s domestic and foreign policy, which will
remain pro-Russian, as there are no pro-West leaders in Armenia.
Ahmadoglu said the current tensions are weakening Armenia. “Both
Russia and the West are fed up with Kocharian’s political position”.
He added that this proves that time is up for the present regime in
Armenia.

ARKA News Agency – 04/20/2004

ARKA News Agency
April 20 2004
Representatives of Armenian Mass Media can receive accreditation for
covering of Olympic Games in Greece in special center
RA MFA and Ambassador of Estonia discuss perspectives of cooperation
in it sphere
RA President and representatives of ruling coalition discuss internal
political situation in Armenia
*********************************************************************
REPRESENTATIVES OF ARMENIAN MASS MEDIA CAN RECEIVE ACCREDITATION FOR
COVERING OF OLYMPIC GAMES IN GREECE IN SPECIAL CENTER
YEREVAN, April 20. /ARKA/. Greek Ministry of Mass Media and Press
opened the Zappeion Press Centre for mass media in accordance to
Olympic Games, RA MFA told ARKA. Representatives of Armenian mass
media can receive accreditation for covering of Olympic Games in
Greece in this center. The applications and documents must be
submitted not later than 40 days before entry in Greece. L.D. –0—
*********************************************************************
RA MFA AND AMBASSADOR OF ESTONIA DISCUSS PERSPECTIVES OF COOPERATION
IN IT SPHERE
YEREVAN, April 20. /ARKA/. RA Foreign Minister Vardan Osknaian and
the Ambassador of Estonia Andres Unga (residence in Athens) discussed
perspectives of cooperation in IT sphere, RA MFA told ARKA. Newly
appointed Ambassador handed Oskanian copies of credentials, then the
parties discussed expanding of bilateral cooperation. They noted the
importance of establishment of direct links between the businessmen
of the countries and exchange of information. Oskanian emphasized the
fact that in the beginning of May Estonia will become full member of
EU, thanks to which Armenia and Estonia will give new impulse to
economic links. L.D. –0–
*********************************************************************
RA PRESIDENT AND REPRESENTATIVES OF RULING COALITION DISCUSS INTERNAL
POLITICAL SITUATION IN ARMENIA
YEREVAN, April 20. /ARKA/. RA President Robert Kocharian and
representatives of ruling coalition discussed internal political
situation in Armenia, President’s press office told ARKA. The parties
discussed also the activity of Armenian Parliament. L.D. –0-

Parl democracy development one of CIS IPA priorities

Parl democracy development one of CIS IPA priorities
By Maria Federova
ITAR-TASS
April 17, 2004 Saturday
ST. PETERSBURG, April 17 — Consolidation and development of
parliamentary democracy principles and implementation of constitutional
ideals of a rule-of-law state are among the most important political
priorities of the CIS Inter-Parliamentary Assembly, Russian Federation
Council Speaker Sergei Mironov, who is also IPA council chairman, told
the 23rd plenary meeting of the Assembly in St. Petersburg on Saturday.
In 2003-2004, CIS IPA observers participated in monitoring of
presidential and parliamentary elections in Armenia, Azerbaijan,
Georgia and Russia, based on the Assembly-worked-out convention on
standards of democratic elections and election rights and freedoms
in CIS states.
The convention gains more and more recognition among international
organisations and countries, Mironov noted.
Addressing the CIS parliamentarians, the speaker called for joining
the convention and accelerating procedures to ratify it.

Majority coalition pulls out of Armenian parliament session

Majority coalition pulls out of Armenian parliament session
Mediamax news agency
12 Apr 04

YEREVAN
The ruling political coalition in Armenia said today that they would
not take part in the plenary sitting of the National Assembly on 12-14
April.
National Assembly Chairman Artur Bagdasaryan read out a statement to
this effect by the coalition parties’ parliamentary factions in the
parliament chamber today, Mediamax’s parliamentary correspondent
reports. The coalition consists of the Republican Party of Armenia
(RPA), the Armenian Revolutionary Federation – Dashnaktsutyun and
Orinats Yerkir [Law-Governed Country Party].
The statement says that the decision was taken “to avoid deepening
domestic political confrontation”.
The Armenian opposition intends to organize a march this afternoon by
its supporters down Bagramyan Avenue, where the National Assembly and
presidential administration are located.

Time for G. Soros to visit Armenia and arrange one more revolution?

Pravda Ru
It”s time for George Soros to visit Armenia and arrange one more revolution?
04/12/2004 18:16
For a week the opposition in Armenia have been conducting demonstrations and
requesting President Robert Kacharyan to resign.
According to the opposition, the last Presidential elections in Armenia were
accompanied with many violations of law, and therefore cannot be considered
legitimate. Obviously, Armenian opposition was influenced by Georgian
“revolution of roses” (allegedly organized by George Soros and caused
President Eduard Shevarnadze to resign). The opposition in the two countries
used similar grounds for calling the Head of state to resign: non-legitimacy
of elections (Parliamentary elections in Georgia and presidential elections
in Armenia).
Armenian opposition became proactive after the Constitution Court rejected
the legal suit on recognizing the results of the Presidential elections not
valid. When rejecting the suit, Armenian Constitution Court offered to
conduct a referendum on the vote of confidence to the President, and make
some amendments to Armenian Election Code. Later Chairman of the
Constitution Court Garik Arutyunya said that the Court’s offer to conduct
the referendum had become outdated.
Opposition deputies in the Parliament (bloc “Justice” and party “National
Unity”) failed to add the issue of referendum on the Parliament session
agenda. As the result, these two opposition fraction have been boycotting
the Parliament sessions since February 3.
Armenian President Robert Kocheryan looks calm. “Change of the authority in
Georgia inspired our opposition”, said the President in a TV interview on
April 8. “Their logic is simple: Georgians succeeded in overthrowing their
President, why don’t we try? But authorities in Armenia and in Georgia have
different degrees of strength”. The statement demonstrates that Armenian
President has no doubts about his ability to hold the power in the country.
Armenian President has the reasons to feel confident: the three parties of
the ruling coalition are supporting him.
Robert Kocharyan has been the President since 1998, and demonstrated many
times his ability
to hold power under any conditions. He inherited this toughness from his
experience of the leader of unrecognized Republic of Nagorny Karabakh in the
beginning of 1990s.
He was able to hold power after the sensational murder of Prime Minister
Vazgen Sarkisyan and Parliament Speaker Karen Demirchyan (his son is
currently one of the opposition leaders) in the fall of 1999. The opponents
of Robert Kocharyan said that some “President’s people” are behind this
assassination. Kocharyan win the conflict with the group of Army officers
willing to play active role in the country politics.
Meanwhile, his former Georgian counterpart – President Eduard Shevarnadze –
was even more experienced politician. However, in “Shevarnadze’s case” the
so called “outside factor” – interference of the USA – played a big role.
Can Washington interfere in the events in Armenia?
The USA has big and powerful Armenian community, and this community has much
interest to the events in the motherland. Unlike the two other republics of
the Caucasus region, Armenia is still less influenced by the USA. Armenian
diaspora in the USA can be a convenient tool for Washington to influence
Armenia.
On the other hand, Washington may have no reasons to interfere. For the
period of his being in power, Robert Kocharyan gave no cause to be suspected
in anti-American outlook (neither in anti-Russian). The USA could support
some politician being more pro-Western, to reduce Russia’s influence on
Armenia. However, opposition leaders Artashes Gegamyan and Stepan Demirchyan
are pro-Russian. They are definitely interested in obtaining support from
the West, but only in this momentary situation.
Speaking of the “outside factor”, here are the words Head of Armenian
Sociological Association, Director of National Institute of Law Philosophy,
“In the small countries like Armenia, the change of power is never caused
solely by domestic factors, even if we speak of elections stipulated by
law”. Therefore, it is time to think which countries could be interested in
the opposition uprising in Armenia.
Vasily Bubnov

Police Vow to Act “Within Mandate” at 9 April Opposition Demo

Armenian police vow to act “within mandate” at 9 April opposition demo
Noyan Tapan news agency
8 Apr 04

YEREVAN
The police will act within the mandate established by the law to
guarantee public security during the 9 April rally in Yerevan, the
press secretary of the Armenian police, Sayat Shirinyan, has told a
Noyan Tapan correspondent.
Asked whether the police had been instructed, as had been the case
before, to intervene only in the last minute, Shirinyan said that the
police would act depending on the situation and within its mandate.
Asked whether journalists’ security would be guaranteed, Shirinyan
said that public security would be guaranteed for everybody –
journalists, scientists etc.
Shirinyan said that papers on violence against journalists at the 5
April rally had already been prepared and that criminal proceedings
would be instituted in the near future.

Opposition official arrested in western Armenian town

Opposition official arrested in western Armenian town
Noyan Tapan news agency
8 Apr 04

YEREVAN
Law-enforcement agencies, giving no explanation, detained the leader
of the district branch of the People’s Party of Armenia, Aramais
Barsegyan, in Artashat [western Armenia] on 8 April, a member of the
political council of the Anrapetutyun (Republic) Party and ex-defence
minister, Vagarshak Arutyunyan, has told a Noyan Tapan correspondent.