To: Mr. Christoph Strässer
To: Mr. Christoph Strässer,
Member of Committee on Legal Affairs and Human Rights,
of the Parliamentary Assembly of Council of Europe,
PACE rapporteur on political prisoners
Dear Mr. Strässer,
Please accept sincere gratitude of the citizens of Azerbaijan for your honesty, decency, and adherence to principles in solving crucial issues for us.
Your position like a politician, person and a citizen on issues of political prisoners must and will be an example for all people involved in a noble cause of human rights protection.
Please, convey our gratitude to all members of PACE, who are supported you, and especially to Mr. Andreas Gross.
At the same time I compelled to state that your existing list of political prisoners in Azerbaijan is an incomplete because in connection with a number of subjective reasons, the persons who are fully meet criterion of the political prisoners, prisoners of conscience are not included in the list.
Please consider an issue of including in the list of political prisoners in Azerbaijan the following persons:
1. Piraliyev Raghib Safarbey ogly, born 07.06.1977, native of Gusar District of Azerbaijan, citizen of Azerbaijan Republic, married and has four minor children, an ethnic Lezgin, disabled person of second group, lived in Avaran village of Gusar district.
2. Mahmudov Sharafatdin Zeydulayevich, born 17.12.1973, native of Gusar District of Azerbaijan, citizen of Azerbaijan Republic, married and has one minor child, an ethnic Lezgin, businessman, lived in 144th T. Ismaylov street, Gusar town.
Piraliyev R.S. and Mahmudov Sh.Z. are attributed to political prisoners, prisoners of conscience, for the following reasons:
– their detention and arrest was made for political reasons, not for criminal offenses, for trying to using the rights to freedom of thought, conscience, religion and expression guaranteed by the European Convention;
– at first was done illegal detention and then through torture were fabricated materials on allegedly committed crimes;
– detention and arrest were done on a discriminatory basis, with gross violations of the law and in following of unfair proceedings connected with political motives of authorities based on unlawful elimination of dissent.
The plot of case
About ten years Piraliyev R.S. and Mahmudov Sh.Z. are followers of a trend in Islam called by some as Wahhabism, and by others – as Salafism. Distinguishing features of the followers of the religious teachings, which is attributed to Sunni, are long beards and some features of clothing (shortened trousers, etc.).
The followers of this religious trend consider unreasonable their separation from Islam, arguing that they are the true Muslims.
This trend is not a radical; its followers recognize the secular power, call for honesty, integrity, kindness, friendship and peace, and categorically reject terrorism, separatism and other illegal actions. They are based in their life on universal human values, never use alcohol, drugs and tobacco etc.
A participation in the activities of this religious trend is not prohibited in Azerbaijan, i.e., allowed.
Such behavior and thinking makes an impression to the many honest and decent people, bringing the number of adherents of the religious trend is growing faster than the number of members of the ruling party in Azerbaijan.
However some time now the Azerbaijani authorities fear a unity of people, which is carrying out outside of the ruling party and the pro-governmental organizations, including the Shiite Department of the Caucasian Muslims.
The foregoing has been one of the motives for illegal actions of the authorities on artificial reduction of the number of potential opponents in Azerbaijan, manifesting in an illegal deprivation of liberty.
It is equally important and interrelated to the first, the second cause of unlawful arrest of Piraliyev R.S. and Mahmudov Sh.Z. is an inadvertent encroachment on the basis of power – corruption. They are victims of naive perception of demagogic, provocative and declarative statements of authorities about necessity to combat corruption, and as result carrying out an activity of human rights protection at the regional level.
During 2010 to August 2012, carrying out their activity on human rights protection, Piraliyev R.S. and Mahmudov Sh.Z. had sent dozens of applications to various authorities bodies and agencies, including the President, the Attorney General, the Ministers of Interior and National Security of Azerbaijan on numerous cases of corruption in Gusar District, theft at construction of the ATS and other facilities, bribery, etc.
Instead of accepting any measures to combat corruption, the district administration began to threaten to the complainants with reprisals. They were called to the police where policemen had threatened to plant drugs or weapons, if they do not stop complaining, were made false reports on administrative offenses and had established a clear demonstrative shadowing.
A matter reached that Piraliyev R.S. was called to the district prosecutor and where him was told about the discrepancy of his action of the Azerbaijani mentality. As soon as the prosecutor obtained a refusal, he has at once issued an official warning on illegal religious activities, but he forgot to specify how it is expressed.
In the beginning of 2012, a persecution of Piraliyev R.S. and Mahmudov Sh.Z. by police officers and prosecutor’s office of the Gusar district reached its apogee.
It was announced to their mothers and family members that both the complainant will be arrested soon,in front of their houses were organized demonstrative permanent duty of police officers. The policemen repeatedly came to a mosque and interrupted of divine services; Piraliyev R.S. and Mahmudov Sh.Z. were stopped on the streets and subjected checking.
In response to such an action, beginning the spring of 2012 Piraliyev R.S. became to send a weekly the numerous statements to the bodies of power and administration in Baku (to the President, the ministers, the Attorney General and others) about preparation of provocations, about threats to plant drugs and weapons and arresting them.
These complaints had become immediately known to the authorities of Gusar district, and as result a persecution of Piraliyev R.S. and Mahmudov Sh.Z. and their families had been intensified, accepting a perverted form.
On the advice of his friends, August 3, 2012 at about 19 pm, after prayers at a mosque, together with three friends Piraliyev R.S. had gone to Baku.
August 4, 2012 in Baku Piraliyev R.S. appealed help from a lawyer, concluded a contract on his defense, and described about his persecution.
August 6, 2012 this contract was sent for information to the Gusar District Police Department, however, only after a complaint about contract’s disregard it was returned on October 12, 2012 without any accompanying letter.
4-7 August 2012 from Baku Piraliyev R.S. sent complaints about the persecution to the authorities and administration, addressed through the “Hot Line” to the Radio “Azadlig” (“Freedom”), the MIA, Prosecutor office, the Ombudsman’s office. He said that if do not stop provocations his family and he would refuse the Azerbaijani citizenship.
August 8, 2012 from Gusar town he was informed by phone of the arrest and torture of Mahmudov Sh.Z., and Piraliyev R.S. decided to leave the territory of Azerbaijan and go to Georgia.
Morning, August 9, 2012 at the border post “Red Bridge” Piraliyev R.S. was arrested under the letter Police Department anti-gang from 05.08.2012 about his search, and delivered to the Kazakh District Police Department, and then was sent to Baku in the Police Department of Anti-Gang.
At frontier post, before arrival of Kazakh district police officers, Piraliyev R.S. by his mobile phoned at home in Gusar town and had warned his mother about the upcoming search. He asked the mother to hide all money and valuables, in order to avoid losses and thefts by police officers.
The Police Department of Anti-gang reported to Piraliyev R.S. that he was suspected of selling 3 August 2012 drugs – heroin to a Novruzov S., then police officers compelled his to recognize a non-existent fault, beaten, subjected to torture and abuse, and then sent at home’s basement.
However, despite the fact that Piraliyev R.S. was detained (imprisoned) in the morning August 9, 2012, the minutes of his arrest was dated only August 10, 2012 at 00:30 am.
August 10, 2012 about 15:00 Piraliyev R.S. was taken to Gusar town. Policemen had imitated search at his home.
On the way to Gusar Piraliyev R.S. was beaten and insulted by policemen.
At the village of Avaran for a few minutes, the police officers allegedly found two packets of heroin which they openly planted themselves.
The search was carried out illegally, without a court order, to gross violations of the procedures, which will be reported separately.
Entangled in falsifications and forgery, before a search, an investigator showed packets with heroin, which are supposed to find as a search has not yet been made, and heroin only “had to find”. Moreover, all of this was recorded in the minutes and it was the only true information reflected in the documents.
August 11, 2012, Piraliyev R.S. was charged under Art. 234.4.3 of the Criminal Code of Azerbaijan in that, allegedly, August 3, 2012 at about 17:00-18:00 in the village Avaran of Gusar district he sold Novruzov S.M. 2.911 g. heroines for 105 AZN, which S. Novruzov on August 8, 2012 (i.e., five days later) voluntarily handed to the Department of the Interior to combat gang violence in the city of Baku.
Thus it turned out that the grounds for detention of Piraliyev R.S. appeared only 8 of August, and the letter about his detention was sent before this i.e. August 5, 2012.
On the same day, on August 11, 2012 at 17:30 Narimanov Court of Baku (Judge A. Ismaylov) as a preventive measure for Piraliyev R.S. has chosen a detention for a 3 months period.
During the investigation and in court Piraliyev R.S. petitioned for calling his chosen counsel Suleymanov D.I., with whom he concluded a contract August 4, 2012, but that request has not been satisfied, the court appointed to Piraliyev R.S. a state counsel.
During the court process Piraliyev R.S. stated of torture, but the judge ignored the statement.
Regarding Mahmudov Sh.Z., without any resolution he was detained by the Gusar District Police Department and Police Department anti-gang in a park of Gusar town August 8, 2012 at 12:45 and was subjected to forced body search there.
At that, a packet of heroin was planted to his pocket which, however, fell in the pants and could not be detected.
After that Mahmudov Sh.Z. was taken to Gusar Police Department where again he was subjected to forced searches. Despite his protests, with the use of unauthorized exposure policemen have forced Mahmudov Sh.Z. to undress, take off pants and only then “detected” planted packets of heroin.
Then policemen arrived at the home of Sh.Z. Mahmudov’s mother – H. Mahmudova at the address: 144 T. Ismaylov Street, Gusar town. The policemen without any agreement and inviting entered the home and imitated an execution of search and detection of drugs and ammunition, including under the mattress of bed where slept Mahmudova.
Mahmudov Sh.Z. did not participate in the “search” of the home as at that time he was forcibly kept in a car in a bent position and he was not allowed to raise his head.
However, during the search were others (Aziza, Inara, Gulnara, etc.) which have not listed in the protocol.
Mahmudov Sh.Z. was subjected to torture and ill-treatment during detention, personal search in Gusar Police Department, in the car and in the Department for Combating Organized Crime.
On the results of indicated unlawful acts in Gusar Department of Police was compiled a single protocol, entitled as “protocol inspection and seizure.”
Art. 10.4 and Art. 11 Part 3 of Section 3 of the Law “On the OSA” is specified as a basis for the implementation of “procedural actions”.
Through torture Mahmudov Sh.Z. was forced to sign a protocol and admit part of the suspicions against him.
Thus, Mahmudov Sh.Z. was detained (imprisoned) August 8, 2012 at 12:45 min. in Gusar town, but in the protocol of detention time of its compiling indicated another.
Azerbaijani legislation, including the Law “On the OSA” in the number of operational-search measures, does not provide for a personal search and a search of the living rooms, and also inspection of pockets of people.
Meanwhile, August 8, 2012, prior to the institution of a criminal case and the appearance in process of the suspect’s figure, at 12:55 Mahmudov Sh.Z. was subjected to a body search on the street, which is illegal.
From the contents of the protocol shows that it is the police officers made a search, but did not check because ransacked cupboards, bedding, personal items, utensils, books and other household items, opened and checked the contents of closets and storage.
According to the documents, Mahmudov Sh.Z. was arrested and admitted as suspect in only at 19:00 August 8, 2012.
Legislation of Azerbaijan Republic prohibits the execution of search and seizures before an initiation of a criminal case.
According to Art. 11 of the Law “On the OSA”, a decision on the implementation of the operational-search measures (search is not included in this list) can be accepted with regards to a person, who is preparing or committed a crime at receipt of information from the trusting, known and impartial source.
Upon this criminal case such source of information is missing, and therefore there were not any grounds for the implementation of the operational-search activity; it was carried out illegally.
Upon this criminal case there is no court decision on recognition of legality of the measures which implemented without court consent.
It testifies that after its implementation, court was not notified, and any documents were not sent to court. Only copies of unsent letters were attached to the materials of the criminal case.
August 20, 2012 relatives of Piraliyev R.S. and Mahmudov Sh.Z. concluded with advocate Suleymanov D.I. two new contracts (# 000215 and 000216) for their defense as accused persons.
August 21, 2012, specified warrants contract for defense were submitted to E. Mammadov, the Chief of Investigatory Department of the Anti-Gang of the MIA and were obtained against signature by investigators M. Pashayev (Piraliyev R.S.) and F. Babazade (Mahmudov Sh.Z.).
At the same time, protection were filed petitions for providing copies of procedural documents issued to the accused and his counsel, as well as familiarization with the documents specified in the Criminal Procedure Code of Azerbaijan.
However, despite repeated requests and complaints, up to September 3, 2012 defender counsel Suleymanov D.I. in fact, has been discharged from the process. Counsel defender did not obtain any documents and was not familiarized with the case materials, resulting in the right on defense of Piraliyev R.S. and Makhmudov Sh.Z. were grossly violated, and they were deprived of protection.
In connection with the foregoing, September 3, 2012 the actions of investigators M. Pashayev and F. Babazade and supervising prosecutor in order of judicial supervision had been appealed in court.
At the same time, it was appealed in the court the facts of torture of Piraliyev R.S. and Mahmudov Sh.Z.
September 14, 2012 a judge of the Narimanov court of Baku A.A. Ismailov rejected complaint of the defense against Mahmudov Sh.Z., indicating that the issue of torture had been verified by prosecutors.
On the same day, the court, within 10 minutes break declared by the court, without logging defense counsel had been presented for familiarization some materials of the criminal case against Mahmudov SZ
However, Mahmudov Sh.Z. was not familiarized with the materials of case was not and had not received any copies.
September 25, 2012 a judge of the Narimanov court of Baku Aliyev A.B. also rejected a complaint of defense with regard to R.S. Piraliyev, and the issue of his torture was not mentioned.
It should be noted that September 4, 2012 the judge Aliyev A.B. received a complaint of violation of rights of Piraliyev R.S., and he was required to consider it within 10 days.
However, the judge Aliyev A.B. artificially tightened consideration of the complaint until September 25, 2012, all overdue time trying to persuade defense refusing of the complaint and to make peace with the prosecution, as if it was a dispute in the market.
September 27, 2012 in the detention center counsel Suleymanov D.I. and the accused Piraliyev R.S. were officially familiarized with a part of the case materials. Piraliyev R.S. gave an explanation to prosecutor of torture and had been subjected to expert examination there.
Despite on requirement of the law and stated petition nor Piraliyev R.S. or his counsel defender were not familiarized with the protocol of detention, arrest warrants and other required documents
It was ignored a statement of the defense about artificial delaying of inspection of facts of torture done in order all traces of torture had disappeared.
After that, the illegal actions of the investigation and inquiry was again appealed to the Narimanov Court and the Baku Court of Appeal, however, these courts issued also illegal decisions.
The part of defense has dozens of indisputable evidences of fabrication cases, fraud and abuse, violations of the law during detention and arrest of Piraliyev R.S. and Mahmudov Sh.Z. and in the time of implementation by them human rights activities. Some facts are egregious.
The evidence is not made public, as investigative bodies, prosecutors and courts instead of eliminating violations begin to cover them.
All these proofs will be presented to you, or a person authorized by you to examine and make an objective decision.
Sincerely Yours,
President of the International Organization
for Legal Research, Doctor of Law,
Professor, advocate
Javanshir Suleymanov
Member of the International Organization
for Legal Research, advocate
Abuzar Mutallimov
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