Azerbaïdjan: harcèlement judiciaire contre Nusrat Aliyev, mari de la défenseuse des droits humains Akifa Aliyeva

Your Excellency,

I am concerned following reports received about the harassment of the family of human rights defender Akifa Aliyeva, in particular of her husband Nusrat Aliyev. Akifa Aliyeva is Coordinator of the Ganja branch of the Helsinki Citizens' Assembly of Azerbaijan, an organisation which protects human rights, promotes democracy in the region, and peace-building in the Southern Caucasus. I previously wrote to you in relation to the harassment of human rights defender Javid Aliyev, Akifa Aliyeva's son, on 25 April 2007.

Akifa Aliyeva has been involved in the defence of a member of the Ukrainian minority in Azerbaijan, who had been scheduled to stand trial on murder charges which were allegedly fabricated. Following the involvement of Akifa Aliyeva and Helsinki Citizens' Assembly and the Ganja branch of Transparency Azerbaijan, these charges were withdrawn by authorities and replaced by recalcitrance (disobedience). Reports indicate that Akifa Aliyeva had previously been threatened that if she continued her involvement in the case, her husband would be arrested, and that the authorities told her it would be very easy to arrange his arrest and detention.

Subsequently, following Akifa Aliyeva's continued work on the case, at the beginning of July a criminal case was filed against her husband Nusrat Aliyev (article 128 of the criminal code of Azerbaijan) for the alleged assault of Akifa Aliyeva's brother, who is known to be disabled and vulnerable. On 24 July 2008, Nusrat Aliyev, who is also in ill-health, was reportedly ordered to pay criminal damages and may yet face trial in connection with the allegedly fabricated charges.

I believe that the harassment of Nusrat Aliyev is directly related to his wife's peaceful and legitimate activities in defence of human rights. In view of reports of repeated harassment of the Aliyev family and the ill-health of Nusrat Aliyev, I express its serious concern for the physical and psychological integrity of Akifa Aliyeva and Nusrat and Javid Aliyev.

I urge the authorities in Azerbaijan to:

1. Withdraw all charges against Nusrat Aliyev as it is believed that they are entirely fabricated and that he was detained solely on account of his wife's legitimate human rights activities;

2. Guarantee the physical and psychological integrity of Akifa Aliyeva and Nusrat Aliyev, their son Javid and any other members of their family who may be subject to harassment;

3. Take measures to ensure that all human rights defenders in Azerbaijan, carrying out their legitimate work in human rights, are able to operate free of all restrictions and harassment.

I respectfully remind you that the United Nations Declaration on Human Rights Defenders, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders and their right to carry out their activities without fear of reprisals.

I would particularly draw attention to Article 1: "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Yours sincerely,