12
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
as the couple were arguing on the street. According to
this version, Ilgar Javadov refused to listen to or obey
the officers, and so was detained and taken to police
station No. 9.
Visit of the United Nations
Special Rapporteur on torture
The report of the UN Special Rapporteur on torture’s
visit to Azerbaijan which took place on 7 to 15 May
2000 was made public during the period under review.
The Special Rapporteur identified some notable
improvements relating to the treatment of prisoners, in
particular the positive effect moving correctional
facilities and remand centres from the jurisdiction of
the Ministry of Internal Affairs to the Ministry of
Justice, as well as successive Presidential amnesties
reducing the prison population, had had on material
conditions
and
regime
in
detention.
While
commenting that he believed there had been a
reduction in the incidence of physical torture over the
two years leading up to his visit, in particular with
regard to detainees held in connection with alleged
criminal activities committed for political motives,
nevertheless the Special Rapporteur concluded on the
basis of numerous testimonies that torture or similar
ill-treatment remained widespread. He commented:
“Indeed, [torture or similar ill-treatment] is believed
by so many to be automatic, that the mere threat or
hint of adverse consequences for failure to comply
with investigators’ wishes (such as to sign a
confession) is assumed to mean torture. For some, the
mere fact of detention has the same implication.”
Ill-treatment had been facilitated, in the opinion
of the Special Rapporteur, by factors such as the
power of prosecutors to order detention in temporary
detention facilities under the jurisdiction of the
Ministry of Internal Affairs for up to 30 days, and by
limited or obstructed access to lawyers. This was
exacerbated in some cases by detainees waiving their
right to access to a lawyer, through ignorance of their
role, the fact that they have to rely on poorly paid and
poorly motivated state lawyers, or through fear. The
Special Rapporteur was also informed by non-
governmental organizations (NGOs) that victims of
torture and ill-treatment were very often afraid of
making their complaints public before their trials,
fearing repercussions. He also witnessed the
reluctance or refusal of detainees to make their
allegations public, even after conviction, for the same
reason. There was a reported lack of confidence
among victims, lawyers and NGOs that those
officially charged with investigating complaints
would act promptly and impartially if allegations of
torture were made, and they did not believe that an
effective sanction would be taken against anyone
found responsible. The Special Rapporteur was not
presented with any case law on prosecution for torture
in Azerbaijan.
Optional Protocol to CEDAW
(update to AI Index: EUR 01/001/2001)
Azerbaijan ratified the Optional Protocol to the
Convention on the Elimination of All Forms of
Discrimination against Women on 1 June, bringing
the number of parties to 22 at the end of the period
under review. AI welcomes this positive step towards
ensuring that women have the means to ensure full
implementation of their rights under the Convention.
Concerns in the disputed Karabakh region
Prisoners of conscience
Three conscientious objectors were convicted in the
first half of the year for “evasion of military
development call-up” under Article 214 Part I of the
Criminal Code in use in Karabakh. Two of the men,
Vladimir Kiroian and Edgar Bagdasarian, were
sentenced to custodial sentences, of eight and six
months respectively. The third conscientious objector,
Vladimir Osipian, received a suspended sentence of
one year. When sentencing all three men, the
Shushinsky District court reportedly did not take into
account that they had all previously served in the army
and were refusing only to attend a one-day military
refresher course. Moreover, Edgar Bagdasarian and
Vladimir Osipian both have health problems which
were reportedly not taken into consideration by the
court. Edgar Bagdasarian reportedly suffers from an
ulcer in his small intestine (duodenum), and Vladimir
Osipian reportedly has a head injury, difficulties with
his hearing, and damaged his eyesight during his
previous military service.
The trial of Samvel Babaian - allegations of
torture and violations of due process
(update to AI Index: EUR 01/001/2001)
On 26 February, the Supreme Court of Nagorno-
Karabakh found Samvel Babaian guilty of organizing
a failed assassination attempt on Arkady Ghukasian,
“President” of the self-proclaimed Nagorno-Karabakh
Republic. The court sentenced him to 14 years’
imprisonment, and the other defendants in the trial to
terms ranging from suspended sentences to up to 14
years in prison. This verdict was upheld on 29 March
by the board of the Supreme Court. AI had expressed
concern at reported violations of fair trial standards
and of ill-treatment of Samvel Babaian and other
defendants in the case. There were reports in May that
co-defendant Sasun Agadzhanian, sentenced to 14
years’ imprisonment, had been moved from
Shushinsky prison in Karabakh to a hospital in
Yerevan, Armenia, and was said to be in a serious
condition. Allegedly, a doctor treating him stated in
May that the deterioration of his health was a direct
result of stress.
In June, supporters of Samvel Babaian reportedly
collected 8,000 signatures in Karabakh and in
Armenia in support of his release. Ashot Sevyan, one
of the supporters collecting signatures, was reportedly
arrested on 11 June by the authorities in Karabakh. His
wife claimed that the arrest, which the Mardakert
department of the Internal Affairs Ministry is said to
have explained was connected to irregular business