By representatives of Civil Society Organizations in Azerbaijan
Mr. Nicolas Bratza,
We, human rights and civil society activists in Azerbaijan, are writing this letter, because Elnur Seyidov became another victim of the Government’s new repression wave. Elnur Seyidov is brother-in-law of Ali Karimli (leader of oppositional Popular Front Party of Azerbaijan). His illegal arrest should be seen as another act of repression against Ali Karimli and his family. There are no legal grounds for Elnur Seyidov’s arrest. Moreover, Elnur Seyidov is suffering from a severe disease (Multiple Sclerosis), which creates a real and immediate threat to his life. Therefore, we want to request the review of his case under the Rule 39 of the Rules of the European Court of Human Rights to treat his case as an interim measures case. The aim of this letter is to inform you in detail about the current situation in Azerbaijan and the motives behind this arrest.
1) Elnur Seyidov was working as a deputy head of the Yasamal branch of “Technikabank”, an open joint-stock company. On 27th of March 2012, he was detained by the officers of the National Security Ministry (NSM) of the Republic of Azerbaijan, and on 29th of March, he was charged with a crime under the Articles 178.3.1 and 178.3.2 of the Criminal Code of the Republic of Azerbaijan. According to the charge, Seyidov allegedly being an actual head of the Yasamal Branch of the “ Technikabank” was an accomplice in a joint-venture organized by the head of board of directors, of the “ Technikabank” open joint-stock company, and from the 1st of December 2010 to March 6th of 2012 he gained money by swindling. On March 6th, Sabail District Court prolonged his period of arrest for 3 more months.
2) Seyidov`s representative filed an appeal against that decision. The fact that the appellant was suffering from Multiple Sclerosis (with relevant medical evidence proving this) was also included in the appeal. Nevertheless, the Baku Court of Appeal dismissed the appeal on April 5th, 2012. A further appeal regarding the unlawfulness of his arrest was sent to the European Court of Human rights.
3) Sometime later, the investigators of the Seyidov’s case, made a request to the court, to prolong his arrest. Despite the fact that, no investigations were made during Seyidov’s arrest, and that he was suffering from a severe illness, Sabail district court prolonged the applicant`s arrest until September 6th, 2012.
4) One of the factors which exempt Seyidov from arrest is that he is suffering from a very serious disease. According to the medical evidence given by the health authorities in both Turkey, and Azerbaijan, Seyidov is currently suffering and undertaking treatment from Multiple Sclerosis. Multiple Sclerosis is in the category of serious diseases. Azerbaijani Government has undertaken the responsibility over the social security of patients suffering from this disease. Consequently, on March 7th 2012, the legislation “Care undertaken by the government for the patients suffering from Multiple Sclerosis“was passed. The fact that such legislation was passed shows that special conditions must be created for the living of the Multiple Sclerosis patients, who could otherwise be faced with danger to their lives. Section 9.5 of this legislation states that if individuals sentenced to imprisonment are suffering from severe forms of Multiple Sclerosis, which does not allow them to live as a prisoner, and then these individuals can be released according to the Code of Execution of Sentences of the Republic of Azerbaijan. In addition, the Ministry of Justice of the Republic of Azerbaijan has made a list of diseases, which exempt the individuals form imprisonment. Multiple Sclerosis was referred to in paragraph 5.2.6 of this list, meaning that even if the applicant is a prisoner, he/she will be released.
We would like to note that Seyidov considers that investigators show inhuman and prejudiced treatment against him. In his opinion, he is a victim of political discrimination and revenge. Despite of not being a politician or involved in politics, he is a brother in law of Mr. Ali Karimli, who is one of the opposition leaders and the Chairman of the Popular Front Party of Azerbaijan. We would like to mention that it is difficult to imagine how hard it is to be a leader of an opposition party in an authoritarian country like this. As an opposition leader, he continued to criticize the Government’s violating human rights and freedoms, falsifying elections, and making corruption a nationwide policy. Karimli was criticizing the Government in his foreign visits too, especially, at the European Parliament in 2005 and Parliamentary Assembly of Council of Europe in 2006. Since 2006, the Government has been refusing to give him a national passport without any legal ground. Once again, Karimli could not find any redress for his violated rights through domestic courts and applied to the ECHR in 2009 (Karimli vs. Azerbaijan, No. 3967/09).
Your Honour President,
The reason for our request is that as mentioned in the beginning of our letter, Elnur Seyidov is suffering from Multiple Sclerosis since 2007. There is a real threat to his life. Therefore, we think that his case can be reviewed under rule 39 as interim measures by the European Court of Human Rights due to the immediate threat to his health and life.
Baku, Azerbaijan August 8, 2012
