FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=ELlwrhlzapz7r3S461uMOidxtqdBwHnxLoayvgRtU2s&e=
The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief
=================================================
Thursday
AZERBAIJAN: Six years already, nearly six months more
Rearrested days before a six year jail term for protesting against a ban on
schoolgirls wearing headscarves ended, Telman Shiraliyev was sentenced to
an additional nearly six month term. "The trial was short and took place
without a lawyer as his family is too poor to afford one," human rights
defender Elshan Hasanov told Forum 18.
AZERBAIJAN: Six years already, nearly six months more
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2440&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=_ydQxUczAgeCuNsiyEYm991gxAjvGPAPorl05nico70&e=
By Felix Corley, Forum 18
A court in the capital Baku has today (20 December) handed an extra jail
term of nearly six months to Telman Shiraliyev, a 37-year-old Shia Muslim
prisoner of conscience and father of two. He has already spent six years in
prison for participating in a 2012 street protest against a ban on
schoolgirls wearing a hijab (headscarf) which was attacked by police.
In late September, one week before his scheduled release at the end of his
six-year term, prosecutors accused Shiraliyev of hiding a knife under his
pillow. Prisoners are forbidden from having knives. Human rights defenders
reject this accusation.
"The trial was short and took place without a lawyer as his family is too
poor to afford one," Elshan Hasanov, Coordinator of the Union for the
Freedom of Political Prisoners of Azerbaijan, told Forum 18 from Baku after
the hearing. "The witnesses were the prison warders."
Hasanov – who was denied entry to the small courtroom because there was
no space – insists that Shiraliyev is "absolutely innocent". He said that
in testimony to the court, the warders denied that they had found a knife
in Shiraliyev's possession (see below).
Fellow human rights defender Oqtay Gulaliyev also insists that Shiraliyev
is innocent. "l think the criminal case launched against him is a violation
of the law and groundless," he told Forum 18. "We think that his term of
punishment was extended because he did not sign the amnesty application
offered by government officials in May" (see below).
Two Jehovah's Witness conscientious objectors from western Azerbaijan have
failed in their appeals to Ganca Appeal Court to overturn their one-year
suspended prison terms for refusing compulsory military service on grounds
of conscience. Both must report regularly and are under travel
restrictions. Emil Mehdiyev has appealed to the Supreme Court in Baku,
while Vahid Abilov is preparing his Supreme Court appeal (see below).
Forum 18 asked the Human Rights Ombudsperson's Office in Baku what action
(if any) it had taken to defend the rights of Mehdiyev and Abilov. It also
asked what action (if any) it had taken to push for the adoption of a law
to allow for those who have conscientious objections to military service to
perform a civilian alternative service, which Azerbaijan committed to
introduce by 2003. The Ombudsperson's Office has not responded (see below).
Two female Jehovah's Witness former prisoners of conscience, Irina
Zakharchenko and Valida Jabrayilova, finally received financial
compensation for their wrongful one-year detention in 2015 for offering a
religious booklet to a neighbour and subsequent conviction by the same
judge who convicted Shiraliyev. Payment of the compensation followed a long
battle through local courts (see below).
Legal amendments imminent?
Azerbaijan imposes tight restrictions on all exercise of the right to
freedom of religion or belief.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2429&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=bcSYf5nbynektbRE1-0_E4Kp10BrnJPMnKnqHCsEJ84&e=)
The State Committee for Work with Religious Organisations has prepared
amendments to the Religion Law which are now with the Presidential
Administration for approval. They are expected to reach Parliament, the
Milli Mejlis, in early 2019 and are likely to be considered at its spring
session in February (see forthcoming F18News article).
No release after six years in jail, nearly six months extra term
Telman Shirali oglu Shiraliyev (born 13 February 1981) was among a large
group of Muslim men jailed for protesting on the streets of Baku in October
2012 against a 2010 Education Ministry ban on girls wearing a headscarf
(hijab) in schools. His six-year jail term was due to end on 5 October
2018.
However, prosecutors brought new criminal charges against Shiraliyev in
late September, claiming he had kept illegal items in prison, the head of
the Azerbaijan Without Political Prisoners group Oqtay Gulaliyev told
Caucasian Knot news agency on 22 October.
On 29 September, a week before his sentence expired, a Baku District Court
ordered that Shiraliyev be held in pre-trial detention for two months. That
same day Shiraliyev was transferred from prison to Kurdakhani Investigation
Prison in Sabunchu District in north-eastern Baku.
Prosecutors brought a case against Shiraliyev under Criminal Code Article
317-2.1. This punishes "Preparation, storage, transportation or use of
objects prohibited by a person detained in prisons or in detention
facilities" with imprisonment of up to six months.
"Telman Shiraliyev is being charged with having kept a knife under his
pillow, but that is not true at all," human rights defender Gulaliyev told
Forum 18. "He is innocent. l think the criminal case launched against him
is a violation of the law and groundless. We think that his term of
punishment was extended because he did not sign the amnesty application
offered by government officials in May."
On 20 November, the criminal case against Shiraliyev was handed to Baku's
Khazar District Court, where it was assigned to Judge Akram Qahramanov,
court officials told Forum 18 on 19 December.
At the end of the short trial on the afternoon of 20 December, Judge
Qahramanov sentenced Shiraliyev to five months and 18 days imprisonment,
Elshan Hasanov, Coordinator of the Union for the Freedom of Political
Prisoners of Azerbaijan, told Forum 18 after the hearing.
"Officially the trial was open, but the courtroom was so small that they
didn't let anyone else in, just three or four close relatives," Hasanov
said. "I was one of those not allowed in."
Hasanov said in testimony in court, prison warders denied that they had
found a knife in Shiraliyev's possession.
The Judge's phone went unanswered the same afternoon.
The same Judge Qahramanov convicted two Jehovah's Witnesses Irina
Zakharchenko and Valida Jabrayilova in January 2016 to punish them for
offering one religious booklet without the compulsory state permission
needed in Azerbaijan to distribute religious literature. The Supreme Court
subsequently overturned these convictions (see below).
Originally jailed for anti-hijab ban protest
The October 2012 anti-hijab ban protest outside the Education Ministry in
Baku - the largest of three such street protests - ended in violence.
Independent observers insisted that the violence did not come from the
protestors, but from provocateurs among the crowd possibly controlled by
the police or other security agencies.
An August 2014 report on political prisoners, complied by a Working Group
of human rights defenders led by Leyla Yunus and Rasul Jafarov concurs.
(Both human rights defenders were themselves subsequently jailed as
prisoners of conscience.)
"Observation of the protest and analysis of photos and videos from the
protest show that the action was peaceful and protesters refrained from
confronting the police and employees of other law-enforcement agencies," it
notes. "But after the use of force by police, some of the protesters
attempted to defend themselves. The photos and videos clearly showed that
provocateurs were used."
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2016&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=pN3_Cm7ezrXez_eV-XgzIVdkjVyreFTDvpEcAt9m61c&e=)
Shiraliyev was among the 32 convicted Muslim men to receive one of the
longest jail terms. Baku's Narimanov District Court sentenced him in April
2013 to six years' imprisonment. Baku Appeal Court upheld the sentence in
December 2013.
The court convicted Shiraliyev under Criminal Code Article 233
("Organisation of actions promoting infringement of a social order or
active participation in such actions") and Article 315.2 ("Resistance or
use of force against a representative of authority with the use of violence
dangerous for life and health"). Shiraliyev served most of his sentence in
Prison No. 16 in the village of Ramana near Baku.
Eleven others of the group of men were freed in 2014, three of them under a
presidential amnesty.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2037&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=H8gc8z4cjXrTynDSAEqoE8pv8TeKcG472osyr_4LWGQ&e=)
First Jehovah's Witness conscientious objector's case in Supreme Court
Jehovah's Witness conscientious objector Emil Vilayat oglu Mehdiyev (born
12 December 1999) lodged an appeal against his criminal conviction to the
Supreme Court in Baku on 10 December. The case has been assigned to Judge
Tahir Kazimov of the Court's criminal division, according to court records.
No date has yet been set for the appeal to be heard.
After his call-up for military service in December 2017, Mehdiyev
repeatedly told the Conscription Office he could not perform military
service on grounds of conscience and was willing to perform an alternative
civilian service.
However, prosecutors brought a case against Mehdiyev under Criminal Code
Article 321.1. This states: "Evasion without lawful grounds of call-up to
military service or of mobilisation, with the purpose of evading serving in
the military, is punishable by imprisonment for up to two years [in
peacetime]".
On 6 July 2018, Barda District Court convicted Mehdiyev and handed down a
one-year suspended prison term, and required that he live under probation
for one year.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2408&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=V56OOPdA7Rf_AEg6WmMasQFlapWNASArqeUTI1q15ts&e=)
Mehdiyev appealed against his conviction, but Judge Alizamin Abdullayev of
Ganca Appeal Court rejected his appeal on 8 October, the court chancellery
told Forum 18 from Ganca on 17 December.
Second Jehovah's Witness conscientious objector to appeal to Supreme Court
Jehovah's Witness conscientious objector Vahid Gunduz oglu Abilov (born 2
May 1999) has failed to overturn his one-year suspended prison term to
punish him for refusing to perform compulsory military service. On 31
October, Judge Elchin Hasmammadov of Ganca Appeal Court rejected his appeal
against his conviction, the court chancellery told Forum 18 from Ganca on
17 December.
Abilov refused to serve in the army after his call-up in May 2017. "My
Bible-trained conscience prevents me from taking up military service," he
told Agdam District Conscription Office in writing. "I do not evade, or
even think of evading, the fulfilment of my civic duty. I just kindly ask
you to provide me with alternative civilian service instead of military
service."
Prosecutors brought a criminal case against Abilov on 9 July 2018 under
Criminal Code Article 321.1.
On 6 September 2018, Agdam District Court found Abilov guilty and sentenced
him to a one-year suspended prison term. During this time, Abilov must
report to the authorities each week and remains under travel restrictions.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2415&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=eTPq8Q9gH8It9j7vBKjwVmEwI87WgvDAOeik2UO0BzQ&e=)
"The terms of the restrictions Vahid Abilov must live under during the year
remain very vague," Jehovah's Witnesses complained to Forum 18 on 17
December. They said he is preparing an appeal against his conviction to the
Supreme Court in Baku.
Will Ombudsperson's Office help conscientious objectors?
Ahead of its accession to the Council of Europe in January 2001, Azerbaijan
promised "to adopt, within two years of accession, a law on alternative
service in compliance with European standards and, in the meantime, to
pardon all conscientious objectors presently serving prison terms or
serving in disciplinary battalions, allowing them instead to choose (when
the law on alternative service has come into force) to perform non-armed
military service or alternative Civilian service".
Azerbaijan has never done this, and conscientious objectors to military
service have been repeatedly prosecuted and even jailed under Criminal Code
Article 321.1.
Four conscientious objectors jailed earlier as prisoners of conscience and
another who received a suspended prison term are awaiting decisions from
the European Court of Human Rights in Strasbourg.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2408&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=V56OOPdA7Rf_AEg6WmMasQFlapWNASArqeUTI1q15ts&e=)
Forum 18 asked the Human Rights Ombudsperson's Office in Baku in writing on
17 December what action (if any) it had taken to defend the rights of
Mehdiyev and Abilov. It also asked what action (if any) it had taken to
push for the adoption of a law to allow for those who have conscientious
objections to military service to perform a civilian alternative service,
which Azerbaijan committed to introduce by 2003. Forum 18 had received no
reply from the Ombudsperson's Office by the end of the working day in Baku
on 20 December.
Compensation finally paid for wrongful 2015 jailings
Two female Jehovah's Witness former prisoners of conscience, Irina
Zakharchenko and Valida Jabrayilova, finally received financial
compensation following a long battle through local courts, including the
Supreme Court. "The two ladies received the money directly into their bank
accounts in the week beginning 8 October," Jehovah's Witnesses told Forum
18. This was six months after the Supreme Court finally ruled in their
favour.
Zakharchenko and Jabrayilova were arrested in February 2015 for offering
one religious book publicly without the compulsory state permission. The
then National Security Ministry (NSM) secret police held them in pre-trial
detention from February until late 2015, when Zakharchenko was finally
transferred to hospital. She and Jabrayilova were then transferred to the
Investigation Prison in Kurdakhani.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2041&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=yZBtnV2JRLz5O6tziePA1jOSymVdSbbye0dijmlkfwo&e=)
The women were held at the then NSM prison in a "confinement room, a
'cage', rather than a cell, in that there was no privacy and everything was
exposed to the sight of others", Jehovah's Witnesses told Forum 18. "The
smell of sewage in this 'cage' was suffocating."
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2140&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=xGp09i9g_2ubRca0nVpi0UmjOSTMDFYaVEbnvxUeqjE&e=)
Prison officials constantly demanded money. Prisoners who shared the cell
stated that they had been asked to pay bribes of 30,000 Manats (then about
166,430 Norwegian Kroner, 17,230 Euros, or 18,800 US Dollars) to get out.
The Jehovah's Witness women were not allowed a Bible or other religious
literature during this time, just as Muslim prisoners of conscience have
been denied Korans.
Judge Qahramanov (who convicted Telman Shiraliyev in December 2018 – see
above) finally convicted Zakharchenko and Jabrayilova in January 2016. He
handed down a heavy fine on each, but cancelled the fines because the two
women had been in prison since February 2015.
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2144&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=TzehDdhKeHOsHcrcEZ8aOyLL2Fz4OaDsbgfDjpwc28s&e=)
The Supreme Court exonerated the two women in February 2017, but left the
issue of compensation to the lower courts. A Baku court ordered in August
2017 that they be compensated. However, the Finance Ministry challenged the
compensation awards. The women finally overcame these challenges in the
Supreme Court on 16 April 2018. It remains unclear why it took six months
for the payments to be made. (END)
Full reports on freedom of thought, conscience and belief in Azerbaijan
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Fquery-3D-26religion-3Dall-26country-3D23&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=o-SZS12cFhBebYe_S__e3EvvAb_nuNOU59M2XqWM4dU&e=)
For more background, see Forum 18's Azerbaijan religious freedom survey
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2429&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=bcSYf5nbynektbRE1-0_E4Kp10BrnJPMnKnqHCsEJ84&e=)
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D1351&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=RsoUmfNfY0n6A32NRJS_S24DcQt-5WiAQn6Zp5CCqJY&e=)
A printer-friendly map of Azerbaijan
(https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nationalgeographic.org_education_mapping_outline-2Dmap_-3Fmap-3DAzerbaijan&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=Iu8-BF-Bci9RIUKIr3WtzV-MyecYdytSTQ-ZOZo5dRA&s=LaksGdJcF0o_AZLJNmQFZosF45VZ-OcxvEUOf5i4hOM&e=)
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