Working group of human rights organizations appealed to PACE with request to postpone viewing political prisoners issue

The memorandum says, that the working group discussed information, contained in the report on implementation of the Resolution N 1359 (2004) on political prisoners in Azerbaijan, included in the agenda of the forthcoming 20-24 June 2005 PACE session and the relevant resolution draft.

In relation to the pointed out in the draft resolution 3 persons, recognized as “political prisoners” by independent experts, the working group agrees, that due to heavy and violent character of crimes committed by these persons and other peculiarities of these cases there will be no insisting on their release by extra-judicial ways. Meanwhile, marking that Azerbaijan is under the jurisdiction of the European Human Rights Court, the working group underscores, that the persons mentioned have the opportunity to use all human rights means.  

The working group does not doubt the conclusion of independent experts that 43 persons are not “political prisoners”. At the same time, agreeing with the PACE position, the working group notes, that although these individuals are not recognized as “political prisoners” by experts, nevertheless, their position may be changed on other grounds (pardoning on humanitarian reasons, conditional release ahead of time and others).

At the result of the analyses of the list, including 107 persons, recognized as “political prisoners”, the working group agrees that there is some certain inexactness in this list, including among the individuals in this list. Thus, 27 persons are already released (10 of them are pardoned, and 17 are released by the decision of the court), the name of one person is repeated twice and the names of 5 persons are not disclosed among the political prisoners, serving their sentences in penitentiary institutions.

Meanwhile the working group notes, considering taking into custody the rest persons indicated in this list for committing heavy violent crimes, it is necessary to establish additional opportunities for their appeal to the European Human Rights Court and use other means for removal all violations, made during the court proceedings towards these persons.  

 Taking into account that human rights organizations representatives and the authorities of Azerbaijan came to consensus to use all legal means for solution the problem (?mnesty, consideration of cases in higher court instances, conditional release ahead of time, release from punishment due to illness, pardoning), the working group appealed to the PACE with the request to delay viewing the issue till “the completion of implementation of other achieved agreements”.

The working group includes the known human rights activists Novella Djafarova, Saida Godjamanli, Saadat Bananyarli, Rena and Murad Sadreddinovs, Eldar Zeynalov, Zaliha Tagirova, Chingiz Ganizade, Sahib Mammadov, as well as leader and members of delegation of the Milli Mejlis in PACE –Samed Seyidov, Huyltekin Gandjiyeva, Ali Husseynov, Fuad Aleskerov from the President’s office (head of the law0enforcement department), the authorized representative of Azerbaijan in the European Human Rights Court, Chingiz Askerov and other.