Upon accession to the Council of Europe in January 2001, Azerbaijan voluntarily took a commitment “to release or to grant a new trial to those prisoners who are regarded as “political prisoners” by human rights protection organizations”.
It was necessary to solve this matter in a political manner since the old politically motivated issues are not under the jurisdiction of the European Court of Human Rights. Thus, the former judges of the European Court of Human Rights who are also the experts of CE’s General Secretary Walter Schwimmer developed special criteria on determination of “political prisoners”. The existence of political prisoners within the country was confirmed on basis of these criteria, besides the list which was developed by Azerbaijan’s Human Rights Defenders and comprised 716 names was adopted for examination.
Soon after this, the reluctance of Azerbaijan’s officials to fulfill this commitment became evident. Most of those who were in the list of “716” were refused to reconsider their criminal cases, to release ahead of schedule, to pardon and render adequate medical treatment.
Due to this, we find the work of special reporter of PACE on political prisoners to be very useful. These positions were consecutively held by Georges Clerfayt and Malcolm Bruce. Assembly’s principal position concerning the problem of political prisoners, emigrants and realistic means of problem solution were presented in PACE’s resolutions that were adopted on basis of reports of above-mentioned individuals. It is noteworthy that nowadays the number of political prisoners that totaled 716 within the old list reduced to 32 as the result of work of reporters on political prisoners.
Apart from this, having created a mixed Task Force, the authorities started negotiations on this issue with representatives of civil society in June of 2005. As the result of this Working Group’s activity, about 70 prisoners were pardoned and released.
However, a new reporter on political prisoners was not appointed in autumn of 2005. Thus, the position of a reporter on political prisoners was factually eliminated though the problem still remained unsolved; besides, a new wave of arrests connected with elections was started. Politically motivated arrests and judicial verdicts were continued.
According to unofficial explanation of PACE, all fresh judicial decisions on cases of political prisoners can be theoretically annulled by the European Court on Human Rights and the mentioned “Task Force” is seen as an optimal frame for the solution of this issue. However, due to the lack of a special reporter and decrease of PACE’s control over this problem the number of politically motivated arrests increased prior and after the elections.
Thus, the list was filled by over 20 new political prisoners in 2005-2007. Half of these people are journalists. Some of them who were condemned for defamation were found to be prisoners of conscience by Amnesty International. PACE expressed its concern toward other prisoners in its recent Resolution 1545 (2007). Altogether, nowadays the list of Azerbaijani Federation of Human Rights Organizations includes 72 political prisoners, 9 probable political prisoners and 10 “former political prisoners”. The politically motivated accusations toward these 10 people were annulled but their primary court hearings were conducted with coarse violations.
Some of them are arrested for the second time (Natiq Efendiyev, Etibar Quliyev). One of former political prisoners, Faina Kunqurova died in prison (November 18, 2007) in unclear circumstances a few weeks later after the second arrest. The authorities still haven’t provided a convincing explanation of reasons for death of this sportswoman who went on a hunger strike since she was illegally arrested.
At least 52 political prisoners died in prison apart from Kungurova. One person dies almost each month as the result of tortures at police stations or detention centers. This number demands for a careful attention to another unfulfilled commitment of Azerbaijan before the Council of Europe: “to prosecute members of the law-enforcement bodies who have infringed human rights (particularly the prohibition of torture) in the course of their duties”.
Azerbaijani Government’s commitment before the CE includes not only the release and application of the appropriate judicial procedure toward political prisoners who have already been convicted but also halt of politically motivated arrests and judgment, usage of illegal methods of fighting against its political opponents.
All this makes Azerbaijan’s Federation of Human Rights Organizations to consider that PACE’s decision about non-appointment of a reporter on political prisoners was premature and negatively influenced the situation. Due to this, Azerbaijan’s Federation of Human Rights Organizations has repeatedly applied and still applies to sessions of PACE with a request to restore the position of a reporter on political prisoners.
Azerbaijan’s Federation of Human Rights Organizations calls PACE for the continuation of a decisive fight against the problem on political prisoners and tortures in Azerbaijan and provides its support to Assembly’s efforts.
Azerbaijan Federation of Human Rights Organizations:
Human Rights Center of Azerbaijan,
Institute of Peace and Democracy,
Center of Development Programs “EL”,
Committee of Protection of the Oil Workers Rights,
Society of Humanitarian Researches
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