12 May 15 | Azerbaijan Letters, Azerbaijan Statements, Campaigns, mobile, Statements
Dear Lord Coe,
On behalf of the Sport for Rights coalition, we are writing to bring your attention to the unprecedented and mounting crackdown in Azerbaijan, which has resulted in dozens of political arrests, including prominent journalists, human rights defenders, and political activists. In the run-up to the European Games, which will take place in Baku from 12-28 June, we ask you to publicly support the Azerbaijani people and the rights to free expression, association, and other fundamental freedoms.
Last summer, a group of Azerbaijani human rights activists launched the Sport for Rights campaign. The campaign has a simple objective: to draw attention to the human rights situation in Azerbaijan in the context of the European Games. As evidenced by hundreds of credible reports by media outlets, NGOs and governments, the response of the Azerbaijani government to the very idea of this peaceful and legitimate initiative has been truly unprecedented repression.
Since August 2014, the Azerbaijani authorities have undertaken a major crackdown on government critics, resulting in arrests, trumped-up criminal convictions, and prison sentences for key activists, as well as the closure of dozens of civil society organisations and outlets. The authorities continue to stifle dissent and clamp down on critics.
These are just a few examples of this frantic wave of repression:
On 16 April, a court in Baku sentenced renowned human rights defender Rasul Jafarov – founder of the Sport for Rights campaign – to a six and a half-year jail term on fabricated charges. A few days later, the same court sentenced Intigam Aliyev, a leading human rights lawyer who has filed hundreds of cases with the European Court of Human Rights, to seven and a half years behind bars, again on bogus charges. Both had been detained since the beginning of August 2014.
Emin Huseynov, a well-known free expression advocate, has been forced to seek refuge at the Swiss Embassy in Baku since August 2014 to avoid arrest on the same charges.
Veteran human rights defender Leyla Yunus was arrested on 30 July 2014 on trumped-up charges of state treason and other crimes. Her husband, history professor Arif Yunus, was arrested on 5 August 2014 on similar charges.
Khadija Ismayilova, an award-winning investigative journalist who has exposed corruption and illegal business activity among the ruling elite, has remained in pretrial detention since December 2014, once again under fabricated charges. If convicted, she could face up to 12 years in jail.
These individuals, along with dozens of other political prisoners, were targeted following their criticism of Azerbaijan’s human rights record at the international level.
We are addressing these concerns to you, the Chairman of the British Olympic Association, as you have the power to help. Despite its repression at home, the Azerbaijani government cares deeply about its international reputation, as evidenced by the vast resources spent to promote a positive image abroad. In the run-up to the European Games, we believe that public condemnation of the crackdown by bodies such as yours could help achieve tangible, democratic change at this crucial time.
In a very positive step, on 30 April, the President of the Swedish Olympic Committee, Stefan Lindeberg, gave an interview to Aftonbladet newspaper, in which he spoke out on the human rights situation and on-going repression in Azerbaijan. He said: “It is difficult to keep sports and state governance apart, but for us sports is the core. We do not support Azerbaijan. It is a regime that is not living up to standards. But we stand behind the fundamental idea of sports, which is to keep doors open rather than to close them”. He also expressed concern about reports on restrictions of press freedom in the country.
We encourage you to follow the Swedish Olympic Committee’s lead, and, in the spirit of the Olympic Charter’s principles on press freedom and human dignity, publicly condemn this clampdown, calling for the release of Azerbaijan’s political prisoners. In making such a statement, you would send a signal to Azerbaijani civil society that they are not alone in their struggle for fundamental freedoms. For the dozens of activists and rights defenders in Azerbaijan languishing behind bars, in hiding or forced into exile, this moment of international attention represents a watershed in their fight for justice and freedom.
We urge you not to miss this opportunity to show support for fundamental rights and freedoms in Azerbaijan, and press for concrete improvements in the few remaining weeks before the start of the Games.
Thank you for your attention to these matters.
Sincerely yours,
Thomas Hughes, Executive Director, ARTICLE 19
Olexandra Matviichyk, Head of the Board, Center for Civil Liberties
Maran Turner, Executive Director, Freedom Now
Dauta Przywara, Chair of the Board, Helsinki Foundation for Human Rights
Kaja Haldorsen, Communications Manager, Human Rights House Foundation
Hugh Williamson, Director, Europe and Central Asia, Human Rights Watch
Jodie Ginsberg, Chief Executive, Index on Censorship
Karim Lahidji, President, International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
Jesper Højberg, Executive Director, International Media Support
Simon Papuashvili, Project Coordinator, International Partnership for Human Rights (IPHR)
Petra Havlikova, Project Coordinator of the Women’s Rights Are Human Rights Program, NESEHNUTI
Harry Hummel, Executive Director, Netherlands Helsinki Committee
Bjørn Engesland, Secretary General, Norwegian Helsinki Committee
Emma Hughes, Strategy Director, Platform
Gerald Staberock, Secretary General, World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Full joint letter
07 May 15 | Azerbaijan, Azerbaijan News, Europe and Central Asia, mobile, News and features
From top left: Arif Yunus, Rasul Jafarov, Leyla Yunus, Khadija Ismayilova, Intigam Aliyev and Anar Mammadli – some of the government critics jailed on trumped up charges in Azerbaijan
For the first time since the 2012 Eurovision Song Contest, the oil-rich, rights-poor nation of Azerbaijan is drawing widespread international attention. This June, the country is poised to host the inaugural European Games, which will bring an estimated 6,000 athletes from 50 countries to the capital city of Baku to compete in 20 sports.
Ahead of the games, the Azerbaijani regime has spent a great deal of time and money to promote a positive image abroad. At home, however, it is engaged in a brutal human rights crackdown. This has particularly intensified over the past year, as the authorities have worked aggressively to silence all forms of criticism and dissent.
Dozens of democracy activists are now in prison, including celebrated investigative journalist Khadija Ismayilova who was given this year’s PEN/Barbara Goldsmith Freedom to Write Award, and Leyla Yunus, one of the country’s most prominent human rights defenders. They, and many others, have been jailed on spurious charges, with some facing prison sentences of up to 12 years. Meanwhile, press freedom campaigner Emin Huseynov is trapped in the Swiss embassy in Baku, facing arrest if he leaves. These individuals have been targeted for their work defending the rights of others and telling the truth about the situation in their country.
So far, the European Olympic Committees has been happy to look the other way, stating that was “not the EOC’s place to challenge or pass judgment on the legal or political processes of a sovereign nation”. Likewise, the event sponsors do not seem bothered: BP stated that “seeking to influence the policies of sovereign governments” was not part of its role. The Sport for Rights campaign hopes, however, that the next prime minister will think twice.
The Sport for Rights campaign’s take on Baku European Games mascots Jeyran and Nar. (Image: Sport for Rights)
As members of the campaign, Article 19, Index on Censorship, and Platform have written to the leaders of the UK’s Labour, Conservative, Liberal Democrat, and Green parties on the eve of the general election. The campaign urged them to make statements condemning the on-going attacks on human rights and calling for the release of political prisoners in Azerbaijan.
Sport for Rights also called on the party leaders to make their participation in the opening ceremony of the games contingent upon the release of the country’s jailed journalists and human rights defenders. This is not a call for a boycott of the games by athletes or the public, but a request for the next prime minister not to miss a key opportunity to take an important stand.
In the face of growing repression in Azerbaijan, the response from the British government has so far been weak and sporadic. Statements are occasionally made; the most recent expressed that the UK was “dismayed” by the sentencing of human rights lawyer Intigam Aliyev, but stopped short of calling for his release, as did the previous statement conveying that the UK was “deeply troubled” by the sentencing of human rights defender Rasul Jafarov. But beyond statements, little else has been done — at least in the public eye.
For a country so intent on promoting its image as a modern, glamorous, international player, key political figures taking a public stand on human rights issues would have a real chance of impacting positive, democratic change. The European Games presents a timely opportunity for the next prime minister to do just that, sending the clear signal that human rights are important in the bilateral relationship.
Conversely, attendance by the prime minister at the opening ceremony of the games in the current climate, without securing the release of the jailed journalists and human rights defenders, would only serve to effectively endorse an increasingly authoritarian regime. In helping to whitewash Azerbaijan’s ever-worsening image, the UK would only end up tarnishing its own.
This article was posted on 6 May 2015 at indexoncensorship.org
23 Apr 15 | Azerbaijan Statements, Campaigns, mobile, Statements
Mr Ilham Aliyev
President of the Republic of Azerbaijan
Azerbaijan Avenue 7
1005 Baku
Republic of Azerbaijan
Fax: +994124923543 and +994124920625
Email: [email protected]
Mr President,
We, the undersigned members and partners of the Human Rights House Network (HRHN) and the South Caucasus Network of Human Rights Defenders, are dismayed by the sentences upheld against human rights defender Rasul Jafarov and against human rights lawyer Intigam Aliyev, two prominent and internationally respected voices of the Azerbaijani civil society. We call upon the Azerbaijani authorities, through you, Mr President, to put an end to the unprecedented repression against civil society.
We call upon you to immediately and unconditionally release all human rights defenders, journalists and activists currently detained, including and especially human rights defenders Leyla and Arif Yunus, Rasul Jafarov, Intigam Aliyev and the journalist Khadija Ismayilova. Anar Mammadli must also be released, as his detention is solely due to his non-governmental organisation’s monitoring of elections in the Azerbaijan.
During the summer and fall of 2014 the main leaders of civil society were arrested. Many others decided to flee the country, rather than facing court hearings, of which the outcome is well known in advance. A few others have been forced into hiding.
On 22 April 2015, the Court for Grave Crimes in Baku sentenced Intigam Aliyev to 7 years and 6 months of detention on bogus charges of illegal business, misappropriation, tax evasion, abuse of office and forgery. Although Intigam Aliyev’s defence brought documentation to the court that all his grants were registered, as of the entry into force of such an obligation for NGOs in Azerbaijan, in violation of basic principles in regard to freedom of association as found by the Council of Europe’s Venice Commission. We denounce the sentencing of Intigam Aliyev and believe the charges brought against him are politically motivated, and a direct consequence of his human rights work .
Intigam Aliyev is one of the most widely-respected human rights lawyers in Azerbaijan and leader of the Legal Education Society, an organization that both promotes awareness of the law and provides legal support to individuals and organizations, The Legal Education Society is a member of the Human Rights House Azerbaijan. Intigam Aliyev is also a lawyer active regionally, including by his participation in the Human Rights House Network’s International Law in Advocacy Programme.
Intigam Aliyev has strived for the legal protection of victims of human rights violations for more than 15 years and has to date represented them in proceedings before the European Court of Human Rights in more than 200 cases (around 40 cases are currently awaiting decision). When he was detained, he was defending more than 140 people in the Court. By detaining Intigam Aliyev the Azerbaijani authorities also deprive their citizens the right to appeal and seek justice before the Court.
In detention, Intigam Aliyev’s health condition has deteriorated and remains inadequately addressed by detention authorities. His conditions prior to his pre-trial detention since 8 August 2014 have continuously gotten worse, giving a strong indication that in fact the medication he is receiving in detention only addresses his pain and not his illness. We believe Intigam Aliyev’s detention conditions might have irremediable consequences on his health.
In the backdrop of an unprecedented repression against civil society in Azerbaijan, charges were also brought against many other human rights defenders, journalists and activists in Azerbaijan, either sentenced or held on pre-trial detention, such as Leyla Yunus, and her husband, Arif Yunus, Anar Mammadli, Rauf Mirkadirov and Hilal Mammadov, Tofiq Yaqublu, Ilgar Mammadov, various NIDA activists, as well as investigative journalist Khadija Ismayilova. Charges are also brought against many human rights NGOs, such as the Institute for Reporters’ Freedom and Safety (IRFS) and human rights defenders either forced into hiding, such as IRFS’s leader Emin Huseynov, or have left the country.
On 16 April 2015, the human rights defender Rasul Jafarov was sentenced to 6.5 years imprisonment, also on similar charges as Intigam Aliyev. The court ignored that out of the many so-called “victims” who were interrogated by the court did in fact have no knowledge of any damage supposedly committed by Rasul Jafarov against them. We also denounce the sentencing of Rasul Jafarov and believe the charges brought against him are politically motivated, due to his human rights work.
Rasul Jafarov is a widely respected human rights defender and advocate on the issue of wrongful imprisonment in Azerbaijan. After forming the Human Rights Club in December 2010. He is the initiator of the human rights and democracy campaign “Sing for Democracy,” as well as “Art for Democracy” and later in preparation of the upcoming European Olympic Games to be held in Baku in June 2015, the campaign “Sport for Rights.”
We call upon the Azerbaijani authorities, through you, Mr President, to put an end to the unprecedented repression against civil society in your country. We specifically call upon you to immediately and unconditionally release all above mentioned civil society actors, and drop all charges
held against them.
Yours sincerely,
Human Rights House Azerbaijan:
• Human Rights Centre of Azerbaijan
• Due to the risk of retaliation against Azerbaijani human rights defenders, we decided not to indicate the names of other Azerbaijani NGOs who would be signing this letter.
Barys Zvozskau Belarusian Human Rights House in exile, Vilnius (on behalf of the following NGOs):
• Belarus Watch (ByWatch)
• Belarusian Association of Journalists
• Belarusian Helsinki Committee
• Belarusian PEN Centre
• City Public Association “Centar Supolnasc”
• Human Rights Centre “Viasna”
Human Rights House Belgrade (on behalf of the following NGOs):
• Lawyers Committee for Human Rights YUCOM
Education Human Rights House Chernihiv (on behalf of the following NGOs):
• Chernihiv Public Committee of Human Rights Protection
• Center of Humnistic Tehnologies “AHALAR”
• Center of Public Education “ALMENDA”
• Human Rights Center “Postup”
• Local Non-governmental Youth organizations М’АRТ
• Transcarpathian Public Center
• Ukrainian Helsinki Human Rights Union
Human Rights House Kyiv (on behalf of the following NGOs):
• Association of Ukrainian Human Rights Monitors on Law Enforcement
• Center for Civil Liberties
• Civil Service
• Human Rights Information Center
• Institute of Mass Information
• International Women’s Rights Center
• Kharkiv Human Rights Protection Group
• Social Action Center
• Ukrainian Helsinki Human Rights Union
• Ukrainian Legal Aid Foundation
Human Rights House Oslo (on behalf of the following NGOs):
• Human Rights House Foundation
• Norwegian Helsinki Committee
Human Rights House Tbilisi (on behalf of the following NGOs):
• Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
Human Rights House Voronezh (on behalf of the following NGOs):
• Charitable Foundation
• Civic Initiatives Development Centre
• Confederation of Free Labor
• For Ecological and Social Justice
• Free University
• Golos
• Interregional Trade Union of Literary Men
• Lawyers for labor rights
• Memorial
• Ms. Olga Gnezdilova
• Soldiers Mothers of Russia
• Voronezh Journalist Club
• Voronezh-Chernozemie
• Youth Human Rights Movement
Human Rights House Zagreb (on behalf of the following NGOs):
• APEO/UPIM Association for Promotion of Equal Opportunities for People with Disabilities
• B.a.B.e.
• CMS – Centre for Peace Studies
• Documenta – Centre for Dealing with the Past
• GOLJP – Civic Committee for Human Rights
• Svitanje – Association for Protection and Promotion of Mental Health
Helsinki Foundation for Human Rights (HFHR), Poland
Index on Censorship, United Kingdom
Public Association for Assistance to Free Economy, Azerbaijan
Resource Centre for Human Rights, Moldova
Copies to:
• Office of the Commissioner for Human Rights of the Council of Europe
• Private Office of the Secretary General of the Council of Europe
• Delegation of the Council of Europe in Azerbaijan
• United Nations Special Rapporteur on the situation of human rights defenders
• United Nations Special Rapporteur on the rights to freedom of association and peaceful assembly
• Office for Democratic Institutions and Human Rights of the Organisation for Security and
Cooperation in Europe (OSCE ODIHR)
• Cabinet of Commissioner Johannes Hahn for European Neighbourhood Policy and Enlargement
Negotiations
• Delegation of the European Union in Azerbaijan
• Subcommittee on Human Rights of the European Parliament
• Diplomatic community in Baku, Brussels, Geneva, New York and Strasbourg
• Various ministries of foreign affairs and parliamentary committees on foreign affairs
About the Human Rights House Network (www.humanrightshouse.org)
The Human Rights House Network (HRHN) unites 90 human rights NGOs joining forces in 18 independent Human Rights Houses in 13 countries in Western Balkans, Eastern Europe and South Caucasus, East and Horn of Africa, and Western Europe. HRHN’s aim is to protect, empower and support human rights organisations locally and unite them in an international network of Human Rights Houses.
The Human Rights House Azerbaijan is one of the members of HRHN and served as an independent meeting place, a resource centre, and a coordinator for human rights organisations in Azerbaijan. In 2010, 6’000 human rights defenders, youth activists, independent journalists, and lawyers, used the facilities of the Human Rights House Azerbaijan, which has become a focal point for promotion and protection of human rights in Azerbaijan. The Human Rights House Azerbaijan ceased all its activities following an order of the Ministry of Justice of the Republic of Azerbaijan on 10 March 2011.
17 Apr 15 | Azerbaijan, mobile, News and features
(Photo: National Endowment for Democracy)
The Sport for Rights coalition resolutely condemns yesterday’s sentencing of Rasul Jafarov, a prominent Azerbaijani human rights defender, to 6.5 years in prison on politically motivated charges. The coalition calls for his immediate release.
“This is just the latest example of the brutal crackdown on civil society by the host government of the forthcoming European Games,” said Thomas Hughes, Executive Director of Article 19. “This ridiculous sentence is a punishment for Jafarov’s human rights activism. The authoritarian regime in Baku are scared of the attention Jafarov would bring during the high profile sport events they are proudly hosting – the European Games in June this year and the Formula One Grand Prix in 2016”.
The coalition calls for the EU and its Member States to impose targeted sanctions – for instance visa ban– against those members of the regime who systematically abuse fundamental human rights of citizens of Azerbaijan. At the same time, given the unprecedented human rights crisis in Azerbaijan, the coalition calls for the European Olympic Committee to establish a working group to examine specific cases of right abuses that violates the spirit and letter of the Olympic Charter and the atmosphere of the first European Games.
“A robust response from the European Olympic Committee is required, together with sanctions from the European Union and United States. This is the only way to bring about the release of Rasul Jafarov and other political prisoners, including prominent human rights defenders Leyla Yunus, Emin Huseynov, Anar Mammadli, award-winning investigative journalist Khadija Ismayilova and well-known politician Ilgar Mammadov” , said Emma Hughes of Platform London.
“The Baku games should not be used as a means to blind the wider world to the appalling treatment being meted out to journalists and activists in Azerbaijan. The international community must unite in condemning the Azerbaijani government and in calling for the immediate release of Rasul Jafarov and his compatriots.”, Index on Censorship CEO Jodie Ginsberg said.
“The authorities of Azerbaijan has now come to an absolute low point of the regressive trend we have seen over the past years. An even lower point will be reached with the expected sentencing of human rights lawyer Intigam Aliyev next week. We expect governments, international organisations and corporate businesses that have relations with the Azerbaijani government to hold Azerbaijan accountable and react firmly. Profound actions and sanctions must be taken as a response to Azerbaijan’s severe crackdown on independent civil society and human rights defenders – and to Azerbaijan’s total disrespect of international agreements and responsibilities,” urges Maria Dahle, Executive Director of the Human Rights House Foundation (HRHF).
On 16 April 2015, Rasul Jafarov was sentenced to 6.5 years in prison by the Baku Court of Grave Crimes. He is also prohibited from holding any office for 3 years. He was convicted under Articles 192 (illegal business), 213 (tax evasion) and 308 (abuse of power) of the Criminal Code of Azerbaijan. During the trial, all the prosecution witnesses testified in his favor, and the prosecution failed to prove his guilt. After the verdict, Jafarov reiterated that the charges against him are politically motivated and fabricated.
Jafarov’s work has focused on violations of the right to freedoms of expression, assembly and association. At the time of his arrest in August 2014, he had collected information on over 100 cases of political prisoners in Azerbaijan. He had also called for the foundation of a new NGO coalition, “Sport for Rights”, to raise awareness on Azerbaijan’s human rights record in the run up to the European Games in Baku.
With his colleagues and allies, Rasul Jafarov has advocated for the dozens of journalists, activists and human rights defenders who are behind bars on illegitimate grounds. As a result of relentless repression enacted by the Azerbaijani government, key human rights activists and journalists have been jailed, exiled, or forced into hiding.
The next person to be sentenced in Azerbaijan is the human rights lawyer Intigam Aliyev. He has filed numerous cases with the European Court of Human Rights and as leader of the Legal Education Centre trained a whole generation of lawyers in Azerbaijan. He was awarded with the Homo Homini Award in 2012. He is charged with the same charges as Rasul Jafarov. The next hearing in his case will be on 21 April 2015 and he might be sentenced the following day with up to 10 years imprisonment.
For example, well-known Azerbaijani human rights defender Emin Huseynov has been in hiding in the Embassy of Switzerland in Baku for almost eight months. He sought shelter at the Embassy in order to avoid imminent arrest on fabricated charges—an act of revenge by the regime in response to his criticism of Azerbaijan’s poor human rights record in the international arena. Emin faces charges under three articles of the Criminal Code of Azerbaijan: articles 308 (abuse of office), 213 (tax evasion) and 192 (illegal business).
Hard-hitting investigative journalist Khadija Ismayilova has been thrown into jail on similarly fabricated charges – embezzlement, illegal business, tax evasion, and abuse of power. She has been in pretrial detention since December 5 on a separate charge of inciting a man to commit suicide. As reported by the Committee to Protect Journalists (CPJ), a member of the Sport for Rights coalition, Azerbaijan is the leading jailer of journalists in Europe and Central Asia with at least eight journalists in prison.
Another prominent critic of the Azerbaijan regime, Leyla Yunus, who was calling for the boycott of the European Games due to Baku’s appalling human rights records, was arrested on 30 July on trumped-up charges of treason and other crimes. Her husband, Arif Yunus, faced travel restrictions until he too was arrested on 5 August, on similar charges. Leyla, who—has been denied necessary medical attention since her arrest, is currently being held in a detention center in Baku, just a few miles from the arena where the European Games will soon be inaugurated.
The Sport for Rights coalition demands the immediate release of Rasul Jafarov and other human rights defenders and activists in Azerbaijan, and calls for robust sanctions against Azerbaijan unless the government takes concrete steps to halt this crackdown.
Sport for Rights Coalition including:
Article 19
Center for Civil Liberties
Committee to Protect Journalists
Freedom Now
Helsinki Foundation for Human Rights
Human Rights House Foundation
Index on Censorship
International Media Support
International Partnership for Human Rights
Nesenhuti
Platform London
You Aid Foundation
For more information, contact:
Dominika Bychawska, Helsinki Foundation for Human Rights at [email protected]
Gulnara Akhundova, International Media Support at [email protected]
Nina Ognianova, Committee to Protect Journalists at [email protected]
Melody Patry, Index on Censorship at [email protected]
Background to Rasul Jafarov’s case:
Rasul Jafarov is a lawyer and prominent human rights activist based in Azerbaijan. He is the founder and chairman of the Human Rights Club and coordinated the ‘Sing for Democracy Campaign’, which used the publicity surrounding the Eurovision Song Contest 2012 in Baku to shed light on the human rights situation in Azerbaijan. In October 2014, Rasul Jafarov, together with other prominent Azerbaijani human rights activists, was awarded the Andrei Sakharov Freedom Award by the Norwegian Helsinki Committee. In the same year, he was nominated for the Human Rights Tulip Award, an accolade presented by the Netherlands Ministry of Foreign Affairs to courageous human rights defenders who promote and support human rights in innovative ways.
Rasul Jafarov was arrested on 2 August 2014 and subsequently charged with illegal entrepreneurship, tax evasion and abuse of office. On 12 December 2014, additional charges were brought against him, including embezzlement and forgery. At a hearing on 9 April 2015, the prosecutor recommended a prison sentence of 9 years.
An analysis of trial procedures conducted by the Helsinki Foundation for Human Rights (HFHR) and the Netherlands Helsinki Committee (NHC) raises serious doubts whether the defendant’s fundamental right to a fair trialhas been adequately protected.During the initial stage of the trial, the accused and his lawyers already encountered problems in accessing investigation materials. During the first two hearings, Jafarov was brought into court in handcuffs and kept in a metal cage, which hindered communication with his lawyers. On one occasion, guards seated next to the accused during the hearings obstructed communication with his lawyers, in breach of the guaranteed secrecy of such communication. During the trial, Jafarov stated that he had faced ill-treatment—for example, he was deliberately woken up very early on the days of his trial, and kept waiting for several hours in a special (is this the right word? Small?) room. He was transported to the hearings in an overcrowded vehicle.
The prosecution’s arguments concerning the charges were vague. During the trial, the prosecution neither elaborated upon nor justified the charges, in particularly the charges of abuse of office and service forgery, as no evidence of significant damage to the interests of physical or legal persons or national or societal interests (according to Articles 308.2 and 313 of the Criminal Code) was presented. The lack of precision in regard to the charges and the lack of respect for Jafarov’s right to understand and respond to accusation has raised another challenge to procedural fairness.
During the trial, the Court heard more than a dozen witnesses. Although the prosecution considered some of these individuals as victims, the witnesses stated that they did not feel victimized by the defendant and have no claims against him. According to their testimonies, Jafarov paid them regularly and all financial documentation was completed in conformity with Azerbaijani law. The defence lawyers filed unsuccessful motions to revoke the “victim status” of most of the witnesses. No clear justification for the rejection of this motion was provided. Moreover, during questioning of the alleged victims, the judge commented on their responses and guided their answers. Some of the alleged victims brought documents confirming that they had been paid for their work, but the judge refused to look at this crucial evidence.
The defence requested that the Court conduct an independent expert analysis of the document presented by the prosecution as a proof of alleged forgery by the accused. This motion was rejected by the Court, and so the defence presented the results of forensic analysis stating that the signatures on financial documents and invoices were authentic. Although the court accepted the expert analysis as evidence, it rejected the motion to hear the forensic expert.
The defence also submitted letters from 20 donor organizations stating that all grant funds were spent as intended. In addition, the court was presented with five CDs containing supporting documents. The prosecution opposed the presentation of these documents, arguing that they could be forged. However, the court accepted the defence’s submission.
