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Oyub Titiev
We, members of the Civic Solidarity Platform (CSP), are deeply concerned at reports of the arrest of Oyub Titiev, head of Human Rights Center Memorial’s Grozny office in Chechnya on highly dubious narcotics charges. We call for his immediate and unconditional release and dropping of all charges.
Titiev is highly respected in the international human rights community, as well as in the North Caucasus, where he is part of a small group of brave human rights defenders still working to uncover and document grave ongoing human rights violations. Titiev has led Memorial’s work in Chechnya since the horrific murder of his colleague Natalia Estemirova in 2009. In recent years, he received numerous threats aimed at making him quit human rights work. Now, his life and safety are in jeopardy.
According to reports, Oyub Titiev was brought to the Kurchaloi district police department shortly after his car was stopped and searched near the Khymuk bridge around 10:30 am on Tuesday 9 January. Titiev’s lawyer has been informed that he is being charged with the illegal possession of drugs, reportedly a large amount (180 grams) of marijuana.
Similar trumped-up charges have previously led to several years’ imprisonment for activists and independent journalists in Chechnya. Framing people for drug crimes has become an increasingly frequent tactic used by Chechnya’s authorities to punish and discredit their critics in the eyes of Chechen society.
The Civic Solidarity Platform is a network of more than 90 human rights organizations working across the OSCE region. We consider the suggestion that a highly experienced human rights defender such as 60 year-old Oyub Titiev would travel around Chechnya with any amount of drugs in his car to be absurd, and to be evidence only of the tactics employed by Chechen authorities against principled and hard-working human rights defenders. We believe Chechen authorities are seeking to frame Titiev and close down the extremely important work of Human Rights Center Memorial in the region by means of threats and harassment.
Russia is under an obligation to respect and enable the work of human rights defenders. An important resolution in the UN General Assembly – adopted by consensus on 24 December 2017 – “Calls upon States to take concrete steps to prevent and put an end to arbitrary arrest and detention, including of human rights defenders, and in this regard strongly urges the release of persons detained or imprisoned, in violation of the obligations and commitments of States under international human rights law, for exercising their human rights and fundamental freedoms, such as the rights to freedom of expression, peaceful assembly and association, including in relation to cooperation with the United Nations or other international mechanisms in the area of human rights”.
The undersigned members of the Civic Solidarity Platform call on Chechen authorities as well as central Russian authorities to immediately release Oyub Titiev and stop his persecution as we believe that he is being punished solely in retaliation for his legitimate and peaceful human rights work. Furthermore, we call on authorities to ensure the safety of Memorial staff in Chechnya. Furthermore, we call on authorities not to hinder but to assist brave individuals such as Titiev in their work to uncover grave human rights violations in the North Caucasus region.
We call on international organizations and foreign governments to follow Titiev’s case closely and to bring our concerns to the attention of the authorities in the Russian Federation. Russia must abide by its international human rights obligations and OSCE commitments.
Signed:
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Pedro Agramunt. Credit: European People’s Party/Flickr
Update: On 6 October 2017, Pedro Agramunt announced his resignation as President of the Parliamentary Assembly of the Council of Europe (PACE).
We, members of the NGO coalition the Civic Solidarity Platform (CSP) and other NGOs across Europe, welcome the recent motion for dismissal of the President of the Parliamentary Assembly of the Council of Europe (PACE) Pedro Agramunt put forward by 158 members of the Assembly. We urge all its members to support this motion at the forthcoming session of the Assembly on 9 October 2017.
The no-confidence motion marks a historic opportunity to start the process of rebuilding PACE’s reputation as a defender of human rights and the rule of law.The Assembly has, for far too long, tolerated unethical and corrupt behaviour by some of its members,
The Assembly has, for far too long, tolerated unethical and corrupt behaviour by some of its members, as exposed in a number of credible investigative reports by several highly reputable NGOs and the media, most recently in the Azerbaijani Laundromat report by the Organised Crime and Corruption Reporting Project (OCCRP) and publications in over a dozen of media outlets in a number of European countries in September 2017. Unethical fostering of interests and corruption lasting for many years in PACE have strongly damaged the credibility of the Council of Europe.
The Assembly has allowed corrupt practices by certain governments of its member states, in particular Azerbaijan, to undermine its commitment to uphold fundamental values of human rights and democracy in the Council of Europe member states. This has dismayed human rights defenders in the Eastern Partnership states and beyond who looked to PACE and other representative bodies such as the European Parliament for support in defending these values.
The recent establishment of an independent external Investigation Body by PACE and plans to overhaul the PACE Code of Conduct for Members and to adopt declaratory requirements give us hope that the much-needed renewal of the Assembly will be irreversible and will not stop with the departure of the disgraced President. It also serves notice to all current and former members of PACE that corrupt practices will no longer be tolerated and enjoy impunity. This process must continue after the end of 2017 when the Independent Body is due to report and should lead to an investigation of allegations of corruption by the law enforcement bodies at the national level.
The investigations by OCCRP and others show that democratic parliamentary assemblies in the free world must remain vigilant against threats to their integrity from unscrupulous and cynical governments. Otherwise, the hope and support that these assemblies can extend to political prisoners and democrats who are working for human rights, free and fair elections, and the rule of law in the Council of Europe countries and elsewhere will continue to be undermined.
Signed by the following organisations:
1. Helsinki Foundation for Human Rights (Poland)
2. Centre for the Development of Democracy and Human Rights (Russia)
3. Center for Civil Liberties (Ukraine)
4. Human Rights Movement “Bir Duino-Kyrgyzstan” (Kyrgyzstan)
5. International Partnership for Human Rights (Belgium)
6. Kazakhstan International Bureau for Human Rights and the Rule of Law (Kazakhstan)
7. Public Verdict Foundation (Russia)
8. Regional Center for Strategic Studies (Georgia/Azerbaijan)
9. Promo LEX (Moldova)
10. The Netherlands Helsinki Committee (Netherlands)
11. Centre de la Protection Internationale (France)
12. Citizens’ Watch (Russia)
13. Committee Against Torture (Russia)
14. World Organisation Against Torture (OMCT)
15. Human Rights Centre “Viasna” (Belarus)
16. Association UMDPL (Ukraine)
17. Index on Censorship (United Kingdom)
18. International Rehabilitation Council for Torture Victims (Belgium)
19. Helsinki Committee of Armenia (Armenia)
20. Barys Zvozskau Belarusian Human Rights House (Belarus/Lithuania)
21. Helsinki Citizens’ Assembly-Vanadzor (Armenia)
22. Institute of Public Affairs (Poland)
23. Freedom Files (Russia/Poland)
24. Libereco – Partnership for Human Rights (Germany/Switzerland)
25. Bulgarian Helsinki Committee (Bulgaria)
26. Kharkiv Regional Foundation “Public Alternative” (Ukraine)
27. Human Rights Club (Azerbaijan)
28. Legal Transformation Center (Belarus)
29. Helsinki Committee for Human Rights in Serbia (Serbia)
30. Norwegian Helsinki Committee (Norway)
31. Public Association “Dignity” (Kazakhstan)
32. Human Rights Information Center (Ukraine)
33. “Protection of Rights without Borders” (Armenia)
34. Crude Accountability (USA)
35. DRA – German-Russian Exchange (Germany)
36. Institute for Reporters Freedom and Safety (IRFS) (Azerbaijan)
37. Moscow Helsinki Group (Russia)
38. Albanian Helsinki Committee (Albania)
39. Ukrainian Helsinki Human Rights Union (Ukraine)
40. Sova Center for Information and Analysis (Russia)
41. Kosova Centre for Rehabilitation of Torture Victims (Kosovo)
42. Truth Hounds (Ukraine)
43. Article 19 (United Kingdom)
44. Human Rights Matter (Germany)
45. Helsinki Association for Human Rights (Armenia)
46. Center for Participation and Development (Georgia)
47. Ukrainian Helsinki Human Rights Union (Ukraine)
48. Office of Civil Freedoms (Tajikistan)
49. Women of the Don (Russia)
50. Human Rights Monitoring Institute (Lithuania)
51. Media Rights Institute (Azerbaijan)
52. Batory Foundation (Poland)
53. International Youth Human Rights Movement
54. Institute for Peace and Democracy (Netherlands/Azerbaijan)
55. Monitoring Centre for Political Prisoners (Azerbaijan)
56. Democratic Civil Union of Turkmenistan (Turkmenistan/Netherlands)
57. Public Alliance “Azerbaijan without Political Prisoners” (Azerbaijan)
58. Humanrights.ch (Switzerland)[/vc_column_text][/vc_column][/vc_row]
Ilgar Mammadov
Today three years have passed since the European Court of Human Rights (ECtHR) delivered its judgment on the case of political prisoner Ilgar Mammadov, concluding that the Azerbaijani authorities had detained him to punish him for his criticism of the government. In spite of this ruling, and repeated calls for his release by Council of Europe bodies in follow-up to the ruling, the Azerbaijani authorities have persistently refused to execute the decision of the Court and free Ilgar Mammadov. In view of this, we, members of the Civic Solidarity Platform and the Sports for Rights Coalition, call on the Committee of Ministers of the Council of Europe to refer the case back to the ECtHR on the grounds of non-execution of the judgment. This is crucial to ensure justice for this wrongly imprisoned government critic, who has already spent more than four years behind bars, as well as to safeguard the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region.
Ilgar Mammadov, chair of the political opposition REAL party, was a well-known opponent of the regime when he was arbitrarily detained in February 2013. He attempted to stand in the 2013 presidential elections, gathering the required 40 000 signatures in support of his candidacy, which the Central Election Commission ruled as invalid.[i] He was also outspoken in his criticism of the policies of the authorities on his blog and in the media. Ilgar Mammadov was detained after monitoring and reporting on street protests in the town of Ismayilli in January 2013, which resulted in clashes with the police. He did not participate in these protests, but travelled to the region after they took place to observe developments and revealed the role of individuals with ties to the authorities in initiating the clashes. In spite of the lack of evidence llgar Mammadov was accused of instigating the Ismayilli clashes and on 17 March 2014, he was sentenced to seven years in prison on trumped-up charges of “organizing mass riots” and using “violence against police officers”. His sentence was upheld on appeal.
In a judgment issued on 22 May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated numerous provisions of the European Convention on Human Rights, including Articles 5.1, 5.4 and 6.2 on the right to liberty and security, the right to judicial review of one’s detention and the principle of presumption of innocence, as well as article 18 that limits the applicability of restrictions on rights. The Court concluded that Ilgar Mammadov had been detained without any evidence to reasonably suspect him of having committed a crime and that the actual purpose of his detention was to silence and punish him for criticizing the government and publishing information it was trying to hide.[ii]
In its follow-up to the ECtHR’s ruling, the Committee of Ministers of the Council of Europe — the body responsible for supervising the execution of ECtHR judgements — has repeatedly called on the Azerbaijani authorities to release Ilgar Mammadov. The Committee has examined this case as a matter of priority in its review of the execution of ECtHR judgments by Council of Europe member states and adopted a number of decisions and interim resolutions on it.[iii]
Other Council of Europe bodies, including the organization’s Secretary General, its Human Rights Commissioner and the President of its Parliamentary Assembly have also repeatedly called for Ilgar Mammadov to be released. However, the Azerbaijani authorities have flagrantly ignored these calls and refused to implement the ECtHR’s judgment and release Mammadov.
In view of the continued failure of the Azerbaijani authorities to implement the ECtHR’s decision on Ilgar Mammadov’s case, the Council of Europe’s Secretary General Thorbjørn Jagland launched an official inquiry into Azerbaijan’s implementation of the European Convention on Human Rights in December 2015.[iv]Under Article 52 of the Convention, the Secretary General may initiate an inquiry into how the domestic law of member states ensures the effective implementation of the Convention. This was the first time that Secretary General Jagland had taken such a measure and his initiative was welcome and important.
However, in November 2016, Azerbaijan’s Supreme Court nevertheless rejected an appeal submitted by Ilgar Mammadov on the basis of the ECtHR ruling and upheld his seven-year prison sentence. Thus, Ilgar Mammadov remains behind bars for no other reason than speaking out critically about those in power. This continued defiance by the Azerbaijani authorities leads us to conclude that further action is urgently required.
Therefore, we call on the Committee of Ministers to refer the case back to the ECtHR under Article 46.1 of the European Convention on Human Rights, which obliges the parties to the Convention to abide by the final judgment of the Court in any case to which they are parties. The Convention authorizes the Committee to take action to this end. Article 46.4 states: “If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.”
Ilgar Mammadov v. Azerbaijan has become a test case of the legitimacy of the Council of Europe. When commenting on the Supreme Court’s failure to uphold Azerbaijan’s obligation to execute the ECtHR judgment last year, Secretary General Jagland stated: “Azerbaijan’s flagrant disrespect of the European Convention on Human Rights undermines the entire scope of our cooperation” [and] “affects the 46 Member States of the Council of Europe who have a collective responsibility for the implementation of the Convention”.[v]
By resorting to the ultimate mechanism for addressing non-compliance of judgments set out by the European Convention on Human Rights, the Committee of Ministers can take resolute action to safeguard the Council of Europe’s integrity and ensure that the Azerbaijani authorities finally abide by their obligations under the Convention, implement the ECtHR ruling and free Ilgar Mammadov.
Signed by the following members of the Civic Solidarity Platform and the Sport for Rights Coalition:
1. Association of Ukrainian Human Rights Monitors on Law Enforcement (UMDPL, Ukraine)
2. Barys Zvozskau Belarusian Human Rights House
3. Bir Duino-Kyrgyzstan
4. Bulgarian Helsinki Committee
5. Center for Civil Liberties (Ukraine)
6. Center for Participation and Development (Georgia)
7. Center for Regional Strategic Studies (Azerbaijan)
8. Center for the Development of Democracy and Human Rights (Russia)
9. Civil Rights Defenders (Sweden)
10. Committee Against Torture (Russia)
11. Crude Accountability (USA)
12. Fair Trials (UK)
13. International Federation for Human Rights (FIDH, France)
14. Freedom Files (Poland)
15. Freedom House (USA)
16. Freedom Now (USA)
17. Helsinki Foundation for Human Rights (Poland)
18. Human Rights Center of Azerbaijan
19. Human Rights Club (Azerbaijan)
20. Human Rights Monitoring Institute (Lithuania)
21. Humanrights.ch (Switzerland)
22. IDP Women Association “Consent” (Georgia)
23. Index on Censorship (UK)
24. Institute for Reporters Freedom and Safety (Azerbaijan)
25. Institute Respublica (Ukraine)
26. International Partnership for Human Rights (IPHR, Belgium)
27. Kazakhstan International Bureau for Human Rights and the Rule of Law
28. Kosova Rehabilitation Centre for Torture Victims
29. Libereco – Partnership for Human Rights (Germany)
30. Moscow Helsinki Group (Russia)
31. Netherlands Helsinki Committee
32. Norwegian Helsinki Committee
33. Notabene (Tajikistan)
34. PEN America (USA)
35. PEN International
36. Promo LEX Association (Moldova)
37. Public Alternative (Ukraine)
38. Public Association “Dignity” (Kazakhstan)
39. Public Verdict Foundation (Russia)
40. Swedish OSCE Network: signed in personal capacity by Olof Kleberg and Anki Wetterhall
41. Truth Hounds (Ukraine)
42. Ukrainian Helsinki Human Rights Union
43. Women of the Don (Russia)
44. World Organisation Against Torture (OMCT) (Switzerland)
[i] In several rulings against Azerbaijan, the ECtHR has found that the practices of the Central Election Commission with respect to the validation of signatures violate Article 3 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to free elections.
[ii] The judgment is available at: http://hudoc.echr.coe.int/eng?i=001-144124
[iii] The most recent decision on this case adopted by the Committee of Ministers is available at: https://rm.coe.int/16806c4554
[iv] See press release at: http://bit.ly/2q8CRNI
[v] His statement is available at: https://www.coe.int/en/web/portal/-/azerbaijan-statement-by-secretary-general-jagland-on-the-decision-of-the-supreme-court-today-rejecting-the-appeal-by-ilgar-mammadov
[vc_row][vc_column][vc_column_text]We, the undersigned members of the Civic Solidarity Platform (CSP), a coalition of human rights NGOs from Europe, the former Soviet Union region and North America, and other non-governmental organisations decry the mass detentions of peaceful demonstrators, journalists and human rights defenders, as well as the use of violence and abusive treatment targeting them in Belarus on 25-26 March 2017. These events were the culmination of a series of repressive measures taken by the authorities of the country since the beginning of March to stifle the public expression of grievances. Given the severity of this human rights crisis of unprecedented scale since December 2010, it is crucial that the international community takes resolute action to push for an end to the crackdown in Belarus and justice for those targeted by it.
We condemn the gross violations of the right to peaceful assembly, freedom of expression, freedom from arbitrary detention, and the right to fair trial in Belarus in connection with the recent peaceful protests, and call on the international community to use all available means to put pressure on the Belarusian authorities to immediately end these violations.
Such measures by the authorities should include:
We call in particular for the following concrete actions by international community in response to the current crackdown in Belarus:
To the OSCE:
To the Council of Europe:
To the UN:
To international financial institutions:
To the EU:
To the USA:
Background information, based on reports from the ground:
In the afternoon of 25 March 2017, people took to the streets in the Belarusian capital of Minsk for planned peaceful protests on the occasion of the Day of Freedom, which commemorates the Belarusian declaration of independence in 1918. There was as a heavy police and security presence in the city, the downtown area where protests were due to be held was cordoned off, and traffic was blocked on the main Independence Avenue. Local and international human rights monitors representing the CSP member organisations documented the use of heavy-handed tactics by the law enforcement and security authorities to prevent the peaceful protests, for which authorities had not given advance permission as required by Belarusian law and in violation of international standards. At least 700 people were detained on 25 March, including elderly and passers-by. As can be seen on available photos and footage, police forcefully rounded up and beat protesters with batons, although these made no resistance. More than 30 journalists and photographers from both Belarusian and international media outlets were detained; cameras and other equipment of some of them were damaged by police. Toward the evening, police started releasing detainees from the detention facilities, in many cases without charge. However, others remain in detention, and dozens of individuals are expected to stand trial starting Monday 27 March on charges relating to their participation in the peaceful protests.
The following episode requires particular attention: At 12.45 pm local time on 25 March, about an hour before the start of the planned peaceful protest, anti-riot police raided the offices of the Human Rights Center Viasna and detained a total of 57 Belarusian and foreign human rights defenders and volunteers as well as journalists. Human rights defenders and volunteers had gathered there for a training on monitoring the protests and were planning to go to the streets of Minsk for observation of the assemblies. Among them were representatives of Viasna, the Belarusian Helsinki Committee, the Belarusian Documentation Center, Frontline Defenders, International Partnership for Human Rights and other organisations. The police shouted at all present, intimidated them, and ordered to lie down on the floor face down. 57 people were detained without any charges, packed in the buses and brought to the Pervomaisky district police station, where their belongings were searched and their personal information recorded. The detainees were held there for two and a half hours and were released afterwards without charges. One of the detained needed medical treatment because of injuries sustained when being beaten by police. The raid of the offices of Viasna and the detention of the monitors were clearly aimed at intimidating and preventing them from observing the peaceful assembly and documenting possible violations.
The crackdown continued on 26 March, with dozens of people being detained by police as they gathered at October Square in Minsk at noon to express solidarity with those detained the day before. Among the detained on 26 March were at least one human rights defender, one civil society activist and one journalist. Representatives of national and international human rights NGOs, including members of the CSP, continue to document violations perpetrated in connection with the events of the last few days.
The detentions on 25-26 March followed the earlier detention of about 300 people, including opposition members, journalists and human rights defenders in the last few weeks. These detentions have taken place against the background of a wave of peaceful demonstrations that were carried out across Belarus since mid-February 2017 to protest against so-called “social parasites” law which imposes a special tax on those who have worked for less than six months during the year without registering as unemployed. The legislation, which has affected hundreds of thousands of people in the economically struggling country, has caused widespread dismay. On 9 March, President Lukashenko suspended the implementation of the law but refused to withdraw it, resulting in further protests. Many of those detained have been fined or arrested for up to 15 days on administrative charges related to their participation in the peaceful protests. Over two dozen people are facing criminal charges on trumped-up charges of preparation to mass riots.
Signed by the following CSP members:
Other organisations who have joined the statement:
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