FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.com/v3/__https://www.forum18.org/__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0OaZbByN$
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
=================================================
Friday 21 April 2023
AZERBAIJAN: Fined for religious celebration, then arrested
At least seven Shia Muslims faced court cases for taking their children to
a celebration in a shopping centre of the anniversary of the birth of
Fatima, the daughter of the Islamic prophet Mohammad. Four were fined two
months' average wage. One of those fined, Mail Karimov, was arrested at the
court and is among hundreds of Shia Muslims in jail under investigation on
drugs charges which human rights defenders say are fabricated. The criminal
trial of Shia Imam Sardar Babayev continues in Baku.
AZERBAIJAN: Fined for religious celebration, then arrested
https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2826__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0I4y-xQ8$
By Felix Corley, Forum 18
In late January and early February, a Baku court heard cases against at
least seven Shia Muslims for taking their children to a celebration in a
shopping centre of a key religious festival, the anniversary of the birth
of Fatima Zahra, the daughter of the Islamic prophet Mohammad. After police
brought the cases, at least four of the men were each fined the equivalent
of about two months' average wage. The four appear not to have appealed
against their fines.
The four denied that any organised religious event had taken place. The
court decision in the case of one of the Muslims, Tabriz Qulubayli, notes
his defence: "He takes his children for a walk and entertainment on
religious holidays" (see below).
The court sent back to police the case against a fifth Muslim as the record
of an offence had not been completed correctly. Forum 18 has been unable to
find out if the cases against the other two Muslims led to any punishment
(see below).
Telephones at the 2nd Police Station of Khazar District – which brought
the cases against the Muslims – went unanswered each time Forum 18 called
(see below).
The woman who answered the phone at the Baku City Office of the State
Committee for Work with Religious Organisations on 20 April put the phone
down after Forum 18 asked to speak to the head, Anar Kazimov. Subsequent
calls went unanswered (see below).
One of those fined, 40-year-old Mail Karimov, was arrested at the court on
2 February, the day the fine was handed down. Another Baku court ordered
him held the same day for four-months as police investigate him on
drug-related criminal charges. His family found out he had been arrested
only two days later (see below).
Exiled human rights defender Arif Yunus put the number of devout Shia
Muslims the regime arrested between January and mid-April at 370. "The
regime has had cameras in all mosques since 2009 to identify the most
active believers and the police and secret police have lists of prominent
and respected believers, like Karimov," Yunus told Forum 18. "So when the
order to arrest people comes, they know who to go for" (see below).
The criminal trial on treason charges of Shia Imam Sardar Babayev – who
has been under arrest since in October 2021 – began in Baku in March and
continues (see below).
The Supreme Court in Baku is due to hear on 8 June the appeal by Jehovah's
Witness conscientious objector Seymur Mammadov against his conviction for
refusing compulsory military service on grounds of conscience. He was
initially jailed, but the sentence was changed on appeal to a one-year
suspended sentence. The regime has repeatedly refused to honour its
commitment to the Council of Europe to introduce an alternative to
compulsory military service by January 2003 (see below).
The European Court of Human Rights (ECtHR) in Strasbourg has been in
contact with the regime about one of the cases lodged by Imam Babayev about
his long pre-trial detention, as well as on three cases where individuals
were jailed or fined for holding religious meetings (see below).
The ECtHR is still considering nine cases from Azerbaijan related to
violations of the right to freedom of religion or belief, lodged between
2014 and 2022 (see full list below).
Fined for children's presence at Muslim celebration
The anniversary of the birth of Fatima Zahra, the daughter of the Islamic
prophet Mohammad, a key festival especially for Shia Muslims, was marked
this year on 13 January. That day, Shia Muslims went with their young
children to the Zagulba shopping centre in Buzovna. The shopping centre is
located on the Absheron peninsula east of Baku in the city's Khazar
District.
The date coincided with the eighth anniversary of the founding of the
Muslim Unity Movement. The charter of the movement describes one of its
aims as "the protection and development of national and moral Islamic
values in society" and particularly concentrates on young people.
The regime has jailed numerous Muslim Unity Movement members. The
movement's leader, prisoner of conscience Taleh Bagirov (also known as
Bagirzade), is serving a 20-year sentence handed down in January 2017
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2254__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0GApZgRy$
). He is being held in
the high-security Qobustan prison, 40 kms (25 miles) south west of Baku.
On 14 January 2023, officers of the 2nd Police Station of Khazar District
– including Lieutenant Javanshir Asgarov – drew up records of an
offence against at least seven Muslim men. The cases were then handed to
Khazar District Court.
The men were all accused of violating Administrative Code Article 515.0.3.
This punishes "clergy and members of religious associations holding special
meetings for children and young people, as well as the organising or
holding by religious bodies of organised labour, literary, or other clubs
and groups unassociated with holding religious ceremonies".
"In Baku, a group of parents involved children in the performance of
religious rituals illegally," the Interior Ministry told the local media on
14 January. "On 13 January, the local police received information about a
group of people in the village of Buzovna involving their minor children in
the performance of religious rituals. An investigation is currently
underway." It added that "legal measures" would be taken against those who
"illegally involve minors in the performance of religious rituals".
Telephones at the 2nd Police Station of Khazar District went unanswered
each time Forum 18 called on 20 April.
On 26 January, Judge Huseyn Huseynli of Khazar District Court sent back to
police the case against one of the men as the record of an offence had not
been correctly completed, according to the decision seen by Forum 18. It
does not appear that the case was returned to court.
Between 26 January and 2 February, various Judges heard the other cases,
according to the decisions seen by Forum 18. On 31 January, Aga-Ali
Yahyayev (in his absence) was given the minimum fine of 1,500 Manats (two
months' average wage for those in formal work). In separate hearings on 1
February, Tabriz Qulubayli and Zamin Abdullayev were also fined 1,500
Manats each. On 2 February, Mail Karimov was also fined 1,500 Manats.
The court decision in Abdullayev's case records his denial of any
wrongdoing: "On 13 January 2023, his friend wrote to him and informed him
that there is entertainment for children in Zagulba shopping centre located
in the village of Buzovna," the court decision notes. "He took his two
children and went to that party, and they played there. He had no intention
of attending any religious gathering."
The court decision in Qulubayli's case notes his denial that he or his
children attended any religious gathering: "He takes his children for a
walk and entertainment on religious holidays."
Forum 18 was unable to find out if the court punished the two other Muslim
men, Rasif Chiraqov and Khosrov Azizov.
None of the men appear to have appealed against the court decisions to Baku
Appeal Court.
The woman who answered the phone at the Baku City Office of the State
Committee for Work with Religious Organisations on 20 April put the phone
down after Forum 18 asked to speak to the head, Anar Kazimov. Subsequent
calls went unanswered.
Arrest
On 2 February, the day Khazar District Court fined him, officers of
Sabunchu District Police's 14th Station arrested Mail Kamal oglu Karimov
(born 1983). His family found out about his arrest only two days later,
according to the list of political prisoners
(https://urldefense.com/v3/__https://www.ipd-az.org/ru/political-prisoners-for-19-april-2023/__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0BOAPYWb$
) issued
on 19 April by human rights defenders Leila Yunus and Elshan Hasanov.
Also on 2 February, Baku's Sabunchu District Court ordered Karimov held in
pre-trial detention for four months. Police are investigating him on
charges of large-scale drug trading under Criminal Code Article 234.4.3.
During a 7 February search of Karimov's home, police tried to plant
"religious leaflets of a provocative nature or with photographs of
Ayatollah Khomeini and other Iranian leaders", the political prisoners list
notes.
Police have arrested numerous other individuals they regard as being
connected to or sympathetic to Iran
(https://urldefense.com/v3/__https://eurasianet.org/mass-arrests-of-religious-shias-reported-in-azerbaijan__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0KEpqI-U$
),
whose leaders the Azerbaijani regime has taken to calling the "mullocratic
regime".
Exiled human rights defender Arif Yunus put the number of devout Shia
Muslims the regime arrested between January and mid-April at 370. "The
regime has had cameras in all mosques since 2009 to identify the most
active believers and the police and secret police have lists of prominent
and respected believers, like Karimov," Yunus told Forum 18 on 21 April.
"So when the order to arrest people comes, they know who to go for."
Mosques are only allowed to function if they are under the control of the
state-controlled Caucasian Muslim Board
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0PcfkX8B$
), although this is
nowhere stated in published law. The state now appoints and removes all
imams
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2749__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0CNTt8U3$
).
Yunus noted that earlier the regime arrested Sunni Muslims, but now Shia
Muslims are being targeted. "Earlier the regime often brought
administrative cases. Now there is mass repression of believers and
criminal cases." He said that while the regime accuses those they have
arrested of ties to Iran, almost all are being investigated on
drugs-related charges.
Supreme Court to hear conscientious objector's appeal on 8 June
Jehovah's Witness conscientious objector Seymur Afqan oglu Mammadov (born
16 August 2000) lodged an appeal to the Supreme Court in Baku on 14
February against his conviction for refusing compulsory military service on
grounds of conscience. Judge Ilkin Rajabov is due to hear Mammadov's appeal
on the morning of 8 June, the Supreme Court website notes.
On 22 September 2022, Goranboy District Court convicted Mammadov under
Criminal Code Article 321.1 ("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]"). The court jailed him for nine months
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2776__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0LRpuwvq$
).
Mammadov was arrested in the courtroom at the end of the trial and was
taken to Investigation Prison No. 2 in Ganca. "It was a very unexpected
decision, especially given the recent [ECtHR] decisions against
Azerbaijan," Jehovah's Witnesses told Forum 18 from Baku in September 2022.
Mammadov appealed to Ganca Appeal Court. At the final hearing on 12
December 2022, the prosecutor stated that he supported the decision of
Goranboy District Court but, given Mammadov's age and positive character
references, he requested a two-year suspended sentence. The court partially
satisfied the appeal and replaced the nine-month jail term with a one-year
suspended sentence
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2796__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0AGpz_I1$
).
Mammadov was released in the courtroom immediately after the hearing.
Mammadov's conviction gives him a criminal record in addition to the
suspended sentence.
If the Supreme Court rejects Mammadov's appeal, he would be able to bring a
case to the European Court of Human Rights (ECtHR) in Strasbourg. The court
has found in favour of other convicted Jehovah's Witness conscientious
objectors, most recently in October 2021, when it ordered the regime to pay
compensation
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2796__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0AGpz_I1$
) to two
young men convicted earlier for refusing compulsory military service on
grounds of conscience.
The regime promised the Council of Europe that it would introduce a
civilian alternative to compulsory military service by January 2003. It did
not honour this commitment
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2796__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0AGpz_I1$
). United Nations (UN)
human rights bodies, as well as the Council of Europe's Venice Commission
and its European Commission against Racism and Intolerance (ECRI), have
repeatedly criticised Azerbaijan's failure to introduce a civilian
alternative to compulsory military service
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0PcfkX8B$
).
ECtHR communicates case as new trial begins
The trial of Shia Muslim Imam Sardar Akif oglu Babayev (born 12 March 1974)
began on the morning of 9 March under Judge Akhmed Quliyev at Baku's
Serious Crimes Court, an individual familiar with his case told Forum 18
from Baku. Imam Babayev is on trial under Criminal Code Article 274 ("High
treason"). He rejects the charges, saying the accusations against him are
baseless, his lawyer Javad Javadov told Forum 18 on 3 March, before the
trial began.
The State Security Service (SSS) secret police arrested Imam Babayev in
October 2021 on treason charges. The SSM has held him since then at its
Investigation Prison in Baku. Baku's Sabail District Court has repeatedly
extended his pre-trial detention, including in September 2022
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2776__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0LRpuwvq$
). Baku Appeal Court
rejected Babayev's appeal against the further extension of his detention.
On 14 April 2023, once his trial had already begun, Sabail District Court
extended Imam Babayev's pre-trial detention again, this time until 19
September.
Human rights defender Elshan Hasanov described the treason case against
Imam Babayev as "clearly fabricated". "No one believes Sardar Babayev is an
Iranian spy," exiled human rights defender Arif Yunus told Forum 18 in
February 2022
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2718__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0PU_pk-z$
).
From 2017 until his release in February 2020, Imam Babayev served a
three-year jail term
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0OAeop-1$
)
for leading mosque prayers after gaining Islamic education outside
Azerbaijan.
The telephone of the SSS secret police Press Office in Baku went unanswered
each time Forum 18 called on 20 April 2023.
Babayev's lawyer Javadov lodged a case to the European Court of Human
Rights (ECtHR) in Strasbourg on 23 March 2022 (Application No. 19549/22)
about the continued holding of his client in pre-trial detention, which had
then lasted six months.
The ECtHR "Communicated [the case] to the Government without request for
observations" on 19 January 2023, according to ECtHR records.
The address of the SSS secret police Investigation Prison where Imam
Babayev is being held is:
Dövlat Təhlükasizliyi Xidmati
Istintaq Tacridxanasi
Parlament Prospekti 14
Baku AZ-1009
Azerbaijan
ECtHR asks regime questions in three cases
The European Court of Human Rights (ECtHR) in Strasbourg has asked the
regime questions in three other freedom of religion or belief related cases
from Azerbaijan.
On 13 March 2023, the ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224171__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0MO8tj3v$
) in the case of Mammadov and
Others v. Azerbaijan (Application No. 30498/17).
Police raided a religious meeting in a Baku home by Muslim readers of Said
Nursi's works in April 2014. In October 2015, a Baku court jailed Ismayil
Mammadov, Eldeniz Hajiyev, Shahin Hasanov and Zakariyya Mammadov. Their
April 2016 appeal hearing reduced their sentences but did not overturn them
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2173__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0B60M5Y9$
). They lodged a case
to the ECtHR on 10 April 2017 about their jailing.
The ECtHR asked the regime and the applicants whether they had a fair
hearing in the determination of the criminal charges against them and
whether the domestic courts established the existence of all the elements
of the criminal offences of which the applicants were convicted and provide
adequate and relevant reasons for their decisions.
On 20 March 2023, the ECtHR asked the regime questions about two other
cases, Hajiyev v. Azerbaijan
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224215__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bhl89yn$
)
(Application No. 21807/18) and Abdullayev v. Azerbaijan
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224215__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bhl89yn$
) (Application No. 38997/22).
A Baku court fined Eldeniz Hajiyev under Administrative Code Article
515.0.2 ("Violating legislation on holding religious meetings, marches, and
other religious ceremonies") to punish him for a March 2017 meeting for
worship without state permission. He lodged a case to the ECtHR on 27 April
2018.
A Baku court fined Muslim Nursi reader Salman Abdullayev
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2795__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Gj0mGPp$
) 1,500 Manats (two
months' average wage for those in formal work) under Administrative Code
Article 515.0.2 ("Violating legislation on holding religious meetings,
marches, and other religious ceremonies") to punish him for a September
2021 meeting for worship in his home without state permission. He lodged a
case to the ECtHR on 21 July 2022.
The ECtHR asked the regime and the applicants in both cases whether they
were deprived of their liberty in breach of the European Convention on
Human Rights. It asked to see copies of the detention records, as well as
any other documents relating to their detention. It also asked whether the
applicants had a fair hearing.
In both cases, the ECtHR also asked whether there was interference with the
applicants' freedom of religion within the meaning of the Convention and,
if so, whether that interference was prescribed by law and necessary, as
required by the Convention.
Nine known cases awaiting ECtHR decisions
The ECtHR in Strasbourg has already completed 63 cases from Azerbaijan
submitted since 2004 related to violations of freedom of religion or belief
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2665__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Fz4gTue$
) and inter-related
rights.
Of these 63 completed cases:
- 19 ended in findings of violations and awards of compensation;
- 20 were closed after Azerbaijan admitted violations and offered
compensation in a "unilateral declaration";
- 13 were friendly settlements, where the regime agreed to pay compensation
(in 1 case it also admitted violations);
- 11 were dismissed or withdrawn (one following the death of the
applicant).
In 40 of the 63 concluded cases the ECtHR found that the regime had
violated human rights related to the exercise of freedom of religion or
belief or the ECtHR accepted the regime's admission that it had violated
these rights. The regime has paid the compensation awarded by the ECtHR to
the victims. However, the regime has not changed laws (as it is required to
do) to prevent a recurrence of such violations.
Nine ECtHR cases related to the regime's violations of freedom of religion
or belief are known to remain. The cases – submitted between 2014 and
2022 - cover a wide range of violations. All 9 were lodged by Muslims. Some
cases cover more than one violation, such as police seizing religious
literature during a raid on a meeting for worship.
In approximate reverse chronological order of violation they are:
- Jailed for exercising freedom of religion or belief (1 case involving 1
individual applicant)
- State censorship of religious literature (1 case involving 1 individual
applicant)
- Raid on and punishments for meetings for worship (3 case involving 3
individual applicants)
- Jailed for leading prayers or religious meetings (3 cases involving 5
individual applicants)
- Unlawful house search (1 case involving 1 individual applicant)
Details of all nine cases are given below.
ECtHR: Jailed for exercising freedom of religion or belief
Babayev v. Azerbaijan (Application No. 19549/22)
The State Security Ministry (SSM) secret police arrested Shia Muslim Imam
Sardar Babayev in October 2021. Prosecutors are investigating him on
treason charges, accusing him of cooperating with and taking instructions
from an Iranian intelligence agency, and acting against Azerbaijan. Imam
Babayev rejects the allegations against him, arguing that they are
politically motivated. His lawyer Javadov objected to the continued
pre-trial detention.
The ECtHR "Communicated [the case] to the Government without request for
observations" on 19 January 2023 (see above).
ECtHR: State censorship of religious literature
Miriyev v. Azerbaijan (Application No. 1717/20).
In February 2018, the State Committee for Work with Religious Organisations
on theological grounds banned the publication and distribution of the book
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2351__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0G4k0sYU$
) "Things Not Existing
in Islam" by Muslim theologian Elshad Miri (also known as Miriyev).
Repeated legal appeals against the ban failed
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2485__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0K3SUfIt$
). After failing on 20
December 2019 in the Supreme Court to overturn the ban, Miri lodged a case
in the ECtHR
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2490__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Nt3k_Ie$
).
The ECtHR has not yet asked the regime questions about the case.
ECtHR: Raids on and punishments for meetings for worship
1) Abdullayev v. Azerbaijan (Application No. 38997/22
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224215__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bhl89yn$
)).
A Baku court fined Muslim Nursi reader Salman Abdullayev under
Administrative Code Article 515.0.2 ("Violating legislation on holding
religious meetings, marches, and other religious ceremonies") to punish him
for a September 2021 meeting for worship in his home without state
permission. He lodged a case to the ECtHR on 21 July 2022.
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224215__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bhl89yn$
) about the case on 20 March
2023 (see above).
2) Hajiyev v. Azerbaijan (Application No. 21807/18
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224215__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bhl89yn$
)).
A Baku court fined Eldeniz Hajiyev under Administrative Code Article
515.0.2 ("Violating legislation on holding religious meetings, marches, and
other religious ceremonies") to punish him for a March 2017 meeting for
worship without state permission. He lodged a case to the ECtHR on 27 April
2018.
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224215__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bhl89yn$
) about the case on 20 March
2023 (see above).
3) Rafiyev v. Azerbaijan (Application No. 81028/17
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186530__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0HM5BX9H$
)).
In March 2017, police raided a home in Quba where Muslims who study Said
Nursi's works were meeting and seized religious literature. Almost all of
those present were fined in March 2017, including Vuqar Rafiyev
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2294__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0CkG7eGB$
).
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186530__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0HM5BX9H$
) about the case on 6 September
2018.
ECtHR: Jailed for leading prayers or religious meetings
1) Babayev v. Azerbaijan (Application No. 34015/17
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186531__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0NwxjPCt$
)).
Police arrested Shia Muslim Imam Sardar Babayev in February 2017 for
leading prayers in a mosque having gained his religious education outside
Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2295__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0NL9cpTO$
).
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186531__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0NwxjPCt$
) about the case on 4 September
2018.
"The government gave its comments, they were sent to us and we in turn gave
our comments," his lawyer Javad Javadov told Forum 18 in March 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0OAeop-1$
). He said they are now
waiting for the ECtHR to give its judgment.
2) Babayev v. Azerbaijan (Application No. 26896/18). After a court jailed
Imam Sardar Babayev in July 2017 for three years, his lawyer lodged this
second case
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2353__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Lsuy9Ix$
) to
challenge the conviction for leading prayers.
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-217506__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0M8rgHmp$
) about the case on 3 May 2022.
3) Mammadov and Others v. Azerbaijan (Application No. 30498/17
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224171__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0MO8tj3v$
)).
Police raided a religious meeting in a Baku home by Muslim readers of Said
Nursi's works in April 2014. In October 2015, a Baku court jailed Ismayil
Mammadov, Eldeniz Hajiyev, Shahin Hasanov and Zakariyya Mammadov. Their
April 2016 appeal hearing reduced their sentences but did not overturn them
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2173__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0B60M5Y9$
). They lodged a case
to the ECtHR on 10 April 2017 about their jailing.
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-224171__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0MO8tj3v$
) about the case on 13 March
2023 (see above).
ECtHR: Unlawful house search
Miragayev v. Azerbaijan (Application No. 29550/14
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-187776__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bl1inQZ$
)).
In May 2012 police and the then-National Security Ministry (NSM) secret
police raided Zeka Miragayev's Baku home
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1719__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0MozACP8$
). Police confiscated
30 copies of the Koran, 24 other books (including some by Said Nursi), a
computer, and a small sum of money. After repeated failures of legal
challenges to the raid and confiscations
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1820__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0FlOIzsG$
), the ECtHR
application concerns the unlawful search of the applicant's flat. Miragayev
also notes that he was not duly notified of a hearing before the Supreme
Court.
The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-187776__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Bl1inQZ$
) about the case on 24 October
2018. (END)
Full reports on freedom of thought, conscience and belief in Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?query=&religion=all&country=23__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0Aaq9Ovq$
)
For more background, see Forum 18's Azerbaijan religious freedom survey
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0PcfkX8B$
)
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1351__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0H-G24e_$
)
Follow us on Twitter @Forum_18
(https://urldefense.com/v3/__https://twitter.com/forum_18__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0DEOH85X$
)
Follow us on Facebook @Forum18NewsService
(https://urldefense.com/v3/__https://www.facebook.com/Forum18NewsService__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0AAyN1k_$
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(https://urldefense.com/v3/__https://t.me/s/forum18newsservice__;!!LIr3w8kk_Xxm!qgcJ38ridy7GGLr3zyL-rWsGwPo43DT3FJP8o-EWdNZ5HNF9o1trjlxk1kBptiJXnWqsddxn3m8WTfrx45OA0DyIuNS4$
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