Join to a work on the project “Victim of regime”

Dear Colleagues,

The latest events in the PACE in connection with the report of Christopher Strasser on Azerbaijan showed that the problem of political prisoners are still not resolved, it are remain the issues, incompleteness of which allow totalitarian authoritarian conglomerates, decorated by democratic slogans, to use them to their interests. In a number of states, including Azerbaijan, an issue of political prisoners is still relevant, number of them is increased.

Currently, our Organization (see www.iolr.org) is implementing a project to determine a structure, mechanism and the concept of “Victim of politics (the regime, the state)”, the results of which, as it is presented, allow resolving all, or the most of the remaining questions.

In our work we proceed from the decisions of international importance including the report of Mr. Ch. Strasser, and concisely, the project looks the following.

A) Primary data

We consider that in a result of the existing of any state (of the regime) in spite of its democracy level, there are always victims of improper functioning of its institutions.

In one cases, this are victims of the mistakes, wrong execution of duties, imperfectness of the legal institutions and procedures etc., that excepts of intent in violation of human rights.

In other cases, people became of victims of the closed societies to which belong all totalitarian authoritarian regimes; the systematic violation of human rights in which are condition of its existence (functioning).

Accordingly, the less mistakes and deliberate violation of human rights, the more democratically and perfect is a regime (country), and the less victims (intentional or unintentional) of their functioning. However, a complete removal of those and other upon existing human factor is utopia. Anyway, it is in the nearest future.

In connection with the above, we introduce the concept of “victim of politics” (possible, victim of the regime, of the system, of the state), and subdivide it into the two categories:

a) victim of mistake, whose rights and compensate of losses should be restored on basis on legal norms and in the frames of procedures that exist in the state for these cases. Subcategories are depended on the violated rights.

b) victim of system, which are, in turn, subdivided on political prisoners, political migrants, subjected of administrative persecution, exposed of economic persecution and subjected of criminal punishment, not connected with detention.

In turn, these categories are subdivided on subcategories and each them is given definition.

B) System

In order not to take much time and not knowing attitude to the project, we present its contour scheme, in frame of which consider in details only a system of political prisoners.

1. Victim of politics (the regime, the state)

1.1. Victim of mistake

1.2. Victim of system

1.2.1. Political prisoners

1.2.1.1. Prisoners of conscience

1.2.1.2. Deprived of freedom without accusations

1.2.1.3. Deprived freedom on trumped-up charges and in result of unfair court proceedings

1.2.1.4. Deprivation of freedom as punishment is carried out on discrimination basis

1.2.2. Subjected to other criminal punishment

1.2.3. Subjected to administrative persecution

1.2.4. Subjected economic persecution

1.2.5. Political migrant

Above stated system is open and may be supplemented.

C) The concepts

During work under the project are formed operational concepts.

So, under the victim of politics (the regime, the state) is understood a person deprived freedom, subjected other punishment and (or) restricted in the rights in violation of the Universal Declaration of human rights and other international documents (it might be enumerated the main, concerning political, civil, social and other rights or all).

Political prisoner is a person deprived freedom and restricted in the rights on political motives in violation (also, enumerate the main or all).

Prisoner of conscience is a person deprived freedom and restricted in the rights in violation of guarantees of international treaties (might be enumerated) on freedom of thought, conscience, religion, expression of opinion and information, association and assembly.

In addition, during the implementation of the project should be clearly formulated dozens of other concepts, for example, such as, political motives, the timing, the evidence, the economic persecution, political migrant, administrative persecution trumped-up accusation, torture, etc.

D) Procedures

The procedures of recognition of a person as a victim (political prisoner) will be subjected to a definition.

For this will be resolved issues of the presentation of candidates, their parameters, the packages of necessary documents (information), and the final recognition, having a legal force.

In order to do this, it is presented necessary to include in work the European Court and the Committee of the EC on legal issues and human rights (UN Committee on human rights). The right for presentation of candidates should be given to national NGO’s, and exceptional right for determination of candidates to allow the International human rights Organizations, like “Amnesty International”, “Human Rights Watch” and etc.

The last events showed that to discredit of good purposes the governments invite the false NGOs, which submit misleading information.

In addition, it is no secret that some NGOs an issue of political prisoners turned into business and the lists are compiled proceeding from mercenary and tactical considerations.

However if a final decision on recognition of a person as victim (political prisoner) will be passed by the European Court on human rights or by a similar body and the Committees on human rights and reputable international human rights organization should be included in work on procedures. In this case, the first, a decision will accept legal force, and second, it will be minimized any possibilities to insinuations.

It is true, and the European Court is not an example of justice; from mercenary or political motive it delays consideration of issues for years, using the imperfection of its Regulations, the complaints are rejected in big amount, it does not shun “caviar” diplomacy, and therefore falls under the influence of its members, who are hoping to return to the “warm” and profitable places (positions) in states from which they were delegated.

In connection with this, a special attention during work under the project is paid these and many of other interrelated issues.

E) The issues that are subjected to resolve

During work under the project arise hundreds issues, that we will try to resolve with your assistance.

In particular, it concerns to persons, whose real crimes (misdemeanor) are detected after beginning by them political activities and in connection with this.

In addition, it is the issues on possibility recognition as victim of an organization (legal entity) or unregistered organization.

This is an issue on the timing during which a person will be considered by victim (political prisoner) etc.

This is an issue on recognition as political prisoner a person who convicted for terrorism on trumped-up accusation.

This is an issue on transfer a person from one category of political prisoners into other.

This is hundreds issues regarding the concepts, criteria, procedures, temporal and spatial aspects, responsibility of the parties, a burden of proof, paradoxical pardon of innocents, etc.

Our Organization will be grateful you if you take part in a work on the project, express your opinion on it, give recommendations and advice on formation of the system and resolution of the problematic issues.

Council of the IOLR

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