Author: Maral Chavushian

Armenpress News Agency, Armenia
 Sunday
President Sargsyan awards Henrikh Mkhitaryan with 1st degree Order for
"Services to the Motherland"
YEREVAN, MAY 28, ARMENPRESS. President Serzh Sargsyan awarded Armenian
National Football Team and Manchester United midfielder Henrikh
Mkhitaryan with 1st degree Order for “Services to the Motherland” on
the occasion of the Republic Day on May 28, reports Armenpress.
Mkhitaryan was awarded for his contribution to the development of
Armenian sport and presenting Armenia throughout the world.
After the awarding ceremony, Mkhitaryan told reporters he is very
proud of being awarded by the President, and expressed hope this will
contribute to the development of Armenian sport in future as well.
Asked which of his goals can be compared with the President’s Order,
Mkhitaryan said: “I will not compare it with any of the goals, they
are incomparable”.
Asked what the President told him while awarding the Order, Mkhitaryan
said the President thanked for presenting Armenia at best in the world
and congratulated on being awarded with the Order.
Commenting on his decision to raise the Armenian flag after Europe
League Final, Mkhtaryan said it is everyone’s duty to raise the
Armenian flag. “It’s always an honor for me to raise the Armenian flag
in different places. I had that idea long ago and finally I managed to
do it as we won the Europe League”, Mkhitaryan said.

FIDH - Worldwide Movement for Human Rights
May 18, 2017 Thursday
AZERI COURT ISSUES DECISION ORDERING LEYLA YUNUS AND ARIF YUNUSOV TO
BE FORCIBLY RETURNED TO AZERBAIJAN
GENEVA, Switzerland
The following information was released by the World Organisation
Against Torture (OMCT):
New information
AZE 002 / 0414 / OBS 031.14
Judicial harassment
Azerbaijan / The Netherlands
May 18, 2017
The Observatory for the Protection of Human Rights Defenders, a
partnership of the World Organisation Against Torture (OMCT) and FIDH,
has received new information and requests your urgent intervention in
the following situation in Azerbaijan .
New information:
The Observatory has been informed by reliable sources about a decision
issued yesterday by the Appeals Court of Baku, Azerbaijan, ordering
Ms. Leyla Yunus , Director of the Institute for Peace and Democracy
(IPD) and a member of OMCT General Assembly, and her husband Mr. Arif
Yunusov , Head of IPD Conflictology Department, to be forcibly
returned to Azerbaijan from the Netherlands in order to participate in
new hearings in their case.
According to the information received, on May 17, 2017, the Baku Court
of Appeals rejected a motion filed by the lawyer of Ms. Leyla Yunus
and Mr. Arif Yunusov to allow them to take part in hearings via
videoconference. The court also ruled that the next hearing will be
held on May 31, and requested Ms. Yunus and Mr. Yunusov to be sent
back to the country by force. This may lead to an international arrest
warrant to be issued by the Azeri authorities. These new hearings in
the case stem from an appeal lodged by the Yunuses in order to seek
full exoneration in relation to their conviction on trumped-up charges
of fraud and tax evasion in 2015 (see background information).
The Observatory recalls that Ms. Leyla Yunus and Mr. Arif Yunusov were
arbitrarily detained for nearly one year and a half. On August 13,
2015, after a year in pre-trial detention, they were sentenced to 8,5
and 7 years of imprisonment respectively on following a trial that
grossly disregarded international standards of fair trial and due
process. On December 9, 2015, their sentence was suspended and
commuted to a release on probation for five years. After the Baku
Court of Appeals denied the Yunus couple permission to temporarily
leave the country in order to receive urgent medical treatment on
February 11 and March 11, 2016, they were finally allowed to travel to
The Netherlands on April 19, 2016, where they have stayed since.
The Observatory strongly deplores the May-17 decision of the Baku
Court of Appeals, which puts Ms. Leyla Yunus and Mr. Arif Yunusov's
physical integrity at serious risk as there are strong reasons to
believe that they would be arbitrarily re-arrested upon arrival in
Azerbaijan.
The Observatory recalls that Mr. Arif Yunusov suffers from
hypertension, and Ms. Leyla Yunus from hepatitis, diabetes,
pancreatitis and gallstone disease, which were aggravated after her
arrest, and during their detention in Azerbaijan. Both are still in
need of medical care.
The Observatory calls on the Azeri authorities to immediately and
unconditionally put an end to all forms or attempts of judicial
harassment against Ms. Leyla Yunus and Mr. Arif Yunusov, and calls on
the authorities of the Netherlands to ensure their physical integrity
and their personal freedoms by refusing any cooperation with a
judicial system that grossly disregards international standards and
that sentenced the couple to arbitrary and heavy prison terms under
trumped-up charges as a means to sanction their legitimate human
rights activities.
Background information:
Ms. Leyla Yunus has long fought for human rights and the rights of
ethnic minorities in her country. She has been heading the IPD since
1995. In October 2014, Ms. Leyla Yunus was awarded the Polish Prize of
Sergio Vieira de Mello, and was among the three finalists for the
Sakharov Prize. She also received the distinction of "Chevalier de
l'Ordre National de la Legion d'Honneur" of the French Republic in
2013. She has worked on numerous projects relating to human rights,
political prisoners, corruption, human trafficking, gender-based
issues and violations of the right to property. With her husband, Ms.
Yunus has also worked towards reconciliation between Azerbaijan and
Armenia, two countries divided by the conflict in the Nagorno-Karabakh
region.
On July 30, 2014, Ms. Yunus was arrested by the Prosecutor's office on
charges of "treason" (Article 274 of the Criminal Code), "large-scale
fraud" (Article 178.3.2), "forgery" (Article 320), "tax evasion"
(Article 213), and "illegal business" (Article 192), and brought to
the department of grave crimes of the General Prosecutor's Office,
where she underwent a six-hour questioning. Her husband joined her at
the department of grave crimes of the General Prosecutor's Office,
where he was also questioned. Ms. Yunus and Mr. Yunusov were both
formally charged, and placed in pre-trial detention. Mr. Yunusov was
later placed under house arrest, and placed in detention again on
August 5, for violation of his conditional sentence.
On January 5, 2015 and February 2, 2015, the European Court of Human
Rights communicated on two applications filed for violations of the
rights of Ms. Leyla Yunus and Mr. Arif Yunusov.
On July 15, 2015, the trial opened in the Baku Grave Crimes Court.
During trial, Ms. Yunus and Mr. Yunusov were placed in a glass
courtroom cage, with their Azeri to Russian interpreter sitting near
the cage (both are Russian-speaking, and the hearings were held in
Azeri). Local and international observers were often denied access to
the courtroom without explanation and hearings were held in the
smallest room of the courthouse.
During the trial, the lawyers of Ms. Yunus regularly argued that
continued detention was life threatening to Ms. Yunus, highlighting
that Ms. Yunus was suffering from diabetes, hepatitis C, and a liver
enlargement and deterioration. The lawyer also denounced the poor
conditions of detention of his client at the Investigative prison of
the Ministry of National Security, where Mr. Arif Yunusov suffers from
insomnia high blood pressure. Throughout the trial, all motions filed
by the defence lawyers, including the request to sit next to their
clients, were dismissed.
At the hearing of August 3, 2015, an ambulance was called in order to
provide first aid healthcare to Mr. Yunusov, who fainted due to a
worryingly high arterial pressure. Mr. Yunus later regained
consciousness but the doctor of the National Security prison who was
called to the court after the health incident, reportedly stated that
Mr. Yunusov health condition did not allow him to further participate
in the trial. However, the judge decided to adjourn the hearing to the
next day, August 4, 2015.
On August 13, Ms. Yunus and Mr. Yunusov were convicted to 8.5 and 7
years in jail respectively. Mr. Arif Yunusov fainted while making his
final plea.
On October 12, 2015, the appeal trial of Ms. Leyla and Mr. Arif
Yunusov opened before the Baku Court of Appeal. The hearing was
suspended several times. International observers present reported that
Ms. Yunus looked very weak and denounced being refused the medical
treatment prescribed by the German doctor.
On October 20, 2015, the Baku Court of Appeal decided to refer the
criminal case against Leyla Yunus and Arif Yunusov back to the Baku
Grave Crimes Court, following a complaint filed by their lawyer,
highlighting inaccuracies in the minutes of the hearings of the trial
before the lower court. On November 5, 2015, the court considered this
motion, but did not provide its conclusions to the defence attorneys
during the preliminary hearing held before the Baku Court of Appeal.
During the hearing on November 5, all the motions filed by their
lawyers were dismissed by the Presiding Judge Vugar Mammadov,
including the motion to change the measure of restraint from detention
to house arrest considering in particular their health condition and
to partial re-examination of the case. Ms. Leyla Yunus and Mr. Arif
Yunusov's lawyer was not allowed to meet and discuss with his clients
before, during and after the hearing. During the hearing, several
large bruises were visible on the neck of Leyla Yunus. Both Arif and
Leyla Yunus looked visibly exhausted and weak. Mr. Arif Yunus was
reportedly brought to the courtroom from the hospital. Ms. Leyla Yunus
and Mr. Arif Yunusov's lawyer announced that he would file a complaint
regarding potential acts of ill-treatment. Placed in a glass cage
before the observers were allowed to the courtroom, the two stayed
silent during the whole hearing.
On November 12, 2015, the Baku Grave Crimes Court approved the request
to change the measure of restraint against Mr. Arif Yunusov from
detention to conditional release, for the period of appeal. Under the
terms of the decision, Mr. Yunusov cannot leave Baku. The decision was
based on a medical reference provided by the Head of the Department of
Penitentiary Service of the Ministry of Justice, stressing that the
critical health situation of Mr. Yunusov had required his transfer
from the Isolator of the Ministry of National Security to the Medical
Establishment of the Ministry of Justice. The reference indicated that
while transfer had allowed his situation to be normalised temporarily,
it remained problematic to ensure stable blood pressure under the
conditions of imprisonment. The document reportedly also referred to
the medical inspection of German doctor Christian Witt, which had
confirmed the deterioration of his health. The Baku Grave Crimes Court
could review its decision in case of a positive change in the health
of Mr. Yunusov.
During the November-12 hearing, the lawyers of the defendants indeed
also asked the court to consider a similar measure for Ms. Leyla Yunus
given her critical health condition, but the court did not even allow
them to finalise their request and interrupted them on the grounds
that the above mentioned medical reference referred only to Mr. Arif
Yunusov. Speaking from the glass courtroom cage, Mr. Yunusov demanded
the release of his wife based on her critical health condition.
On December 9, 2015, Ms. Leyla Yunus was released after the Baku Court
of Appeal commuted the sentences against her and her husband to a
release on probation for five years.
On February 11, 2016, the Yasamal District Court of Baku denied them
permission to temporarily leave the country. The decision was appealed
by the Yunuses but on March 11, 2016, the Court of Appeals in Baku
ruled that Ms. Leyla Yunus and Mr. Arif Yunus could not travel to
Germany to receive urgent medical treatment due to their suspended
prison terms.
Action requested:
Please write to the authorities in Azerbaijan, urging them to:
i.
Put an end to any kind of harassment - including at the judicial level
- against Ms. Leyla Yunus, Mr. Arif Yunusov, and more generally all
human rights defenders in Azerbaijan.
ii.
Guarantee in all circumstances the physical and psychological
integrity of Ms. Leyla Yunus, Mr. Arif Yunusov, and all human rights
defenders in Azerbaijan.
iii.
Conform with the provisions of the UN Declaration on Human Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, especially its Articles 1, 5, and 12.2.
iv.
Ensure in all circumstances respect for human rights and fundamental
freedoms in accordance with international human rights standards and
international instruments ratified by Azerbaijan.
Please write to the authorities in the Netherlands, urging them to:
i.
Guarantee in all circumstances the physical and psychological
integrity of Ms. Leyla Yunus, Mr. Arif Yunusov by refusing to
cooperate in their forcible return to Azerbaijan for a judicial
process that has so far disregarded all international standards.
ii.
Guarantee the freedom of movement of Ms. Leyla Yunus and Mr. Arif
Yunusov by taking all actions at their disposal including diplomatic
actions with third countries to ensure that they are not subjected to
an international arrest warrant nor included in the Interpol list.
Authorities from Azerbaijan:
- Mr. Ilham Aliyev, President of the Republic of Azerbaijan, E-mail:
[email protected], [email protected]
- Mr. Zakir Garalov, Prosecutor General of the Republic of Azerbaijan,
E-mail: [email protected], [email protected]
- Mr. Eldar Mahmudov, Minister of National Security of the Republic of
Azerbaijan, E-mail: [email protected]
- Mr. Elmar Mammadyarov, Minister of Foreign Affairs of the Republic
of Azerbaijan, E-mail: [email protected]
- Mr. Fikrat F. Mammadov, Minister of Justice in Azerbaijan, E-mail:
[email protected]
- H.E. Mr. Murad N. Najafbayli, Ambassador, Permanent Mission of
Azerbaijan to the United Nations in Geneva, E-mail:
[email protected]
Please also write to the diplomatic missions or embassies of
Azerbaijan in your respective country as well as to the EU diplomatic
missions or embassies in Azerbaijan.
Authorities from the Netherlands:
- Mr. Mark Rutte, Prime Minister of The Netherlands. E-mail;
[email protected]
- Mr. Bert Koenders, Minister of Foreign Affairs. E-mail:
[email protected]
- Mr. Kees van Baar, Human Rights Ambassador. E-mail: [email protected]
- Mr. Robert de Groot, Permanent Representative of the Kingdom of the
Netherlands to the European Union. E-mail: [email protected]
***
Geneva-Paris, May 18, 2017
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the
Observatory) was created in 1997 by the World Organisation Against
Torture (OMCT) and FIDH. The objective of this programme is to prevent
or remedy situations of repression against human rights defenders.
OMCT and FIDH are both members of ProtectDefenders.eu, the European
Union Human Rights Defenders Mechanism implemented by international
civil society.
To contact the Observatory, call the emergency line:
E-mail: [email protected]
-
Tel and fax OMCT +41 22 809 49 39 / +41 22 809 49 29
-
Tel and fax FIDH +33 1 43 55 25 18 / +33 1 43 55 18 80
Properties
Date : May 18, 2017
Activity : Human Rights Defenders
Type : Urgent Interventions
Country : Azerbaijan, Netherlands
Subjects : Arbitrary arrests and enforced disappearances, Human Rights
Defenders, Justice system, Threats, intimidation and harassment