Leyla Yunus: “They’re planning to wipe us out”

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The following letter was written by Leyla Yunus, director of the Peace and Democracy Institute, who is currently on trial on spurious charges. Her husband, Arif, a historian and researcher is also on trial. The letter was originally published at Meydan.tv.

They’re planning to wipe us out in agony. Why is that? So that our pain and our deaths become a lesson for all.

They didn’t give me an opportunity to speak in court, but I want my voice to be heard. Finally, I saw Arif. We haven’t seen each other, and I haven’t heard his voice for a year! He celebrated his 60th anniversary in a prison cell, and I’ll have to mark my 60th birthday in duress as well.

We were separated on the 37th anniversary of our wedding, and I already don’t believe that we can be together in this world… with our daughter and the whole family.


 

Azerbaijan: Silencing human rights

Ongoing coverage of the crackdown on civil society by the government of President Ilham Aliyev


We are both historians, and we are well aware that despotism is based on repressions. Back in the past, [Russian revolutionary Sergey] Stepniak-Kravchinsky wrote: “It’s worse than plague. Plague kills indiscriminately, while despotism chooses its victims from the cream of the nation. ”

Tofiq Yagublu, Anar, Ilgar, Intigam, Hilal, Seymour Ghazi, Khadija, Thale Bagirzade, Movsum Samedov, Yadigar Sadigov, Rasul Jafarov, Rashadat and others from NIDA. More than a hundred of the brightest and cleanest…

In the 80s Arif, and I worked in samizdat newspaper Express-Chronicle published illegally. Then, in 1986 our colleague Anatoly Marchenko died in the Chistopol prison. For me, it was a shock. I am well aware of the deaths in Stalin’s camps, since three brothers of my grandfather passed away there. But in 1986….

At that time, I realized that the terror continued in the USSR, and we had to be ready for it, but I could not assume that the independent Azerbaijan would follow the same path.

As a human rights activist with nearly 30 years of experience, I knew about torture in Azerbaijan. Still, it was hard when I was attacked in the first months of my detention, when on September 23, 2014, Major Yagubov, a young and strong man, started beating me. As a result of these beatings, I lost the ability to see normally with my left eye.

On December 11, 2014, I was dragged by my feet into a solitary confinement without explaining a reason… I heard from Arif that he had also been assaulted during the first days of his arrest…

Arif suffers from stage 3 arterial hypertension. This means strokes, paralysis, hemorrhage, and unpredictable blood pressure hikes. Now he has a tumor on his head. He has been held in a solitary confinement for a year, and he suffers from a persistent pain. It is well-known that I suffer from diabetes and liver decomposition. The EU sent an expensive medicine, but we all understand that in detention this medicine will not be able to help me…

They’re planning to wipe us out in agony. Why is that? So that our agony and our deaths become a lesson for all. If they do not shy away from destroying a well-known family, then others are easy to destroy too. Fear must live in the hearts of citizens. Fear and hopelessness. I have no illusions about this tribunal, as there was no so-called investigation.

Which articles of the law to use in order to fake accusations, make up a crime and sentence a defendant – these orders come to prosecutors and judges from the top. Preparing our indictment, prosecutors got so carried away with the falsification that even a well-known, documented fact of an unlawful destruction of our house on Shamsi Badalbeyli Street 38 was presented as a peaceful move to another apartment. Even the Administrative, Economic, Appeals and Supreme Courts acknowledged the destruction of our house. However, this was clearly an unlawful destruction of property with all assets (archives, computers) on August 11, 2011.

This obvious lie is a clear evidence of how falsified the entire investigation is. Neither the investigators nor the prosecutor fear that their lies can be refuted…

Arif is accused of transferring money from one of his accounts to another. I have witnessed so many trials against political prisoners, given a well-deserved “striped robe” to so many judges, which is why I will definitely not participate in this tribunal. But I’ll just sit with Arif and hold his hand. We both know that this is our last date. When it all breaks down, I will not be there with him … But we are both historians and we know: “wayfarer will seek his way to Lacedaemon so that we … remain faithful to the law.” As my Polish teacher taught me: “For your freedom and ours.”

This letter was originally published at Meydan.tv

Azerbaijan: Lawyers denied access to Leyla Yunus

Rasul Jafarov, Arif Yunus and Leyla Yunus (Photos: Rasul Jafarov (© IRFS), Arif and Leyla Yunus (© HRHN))

Rasul Jafarov, Arif Yunus and Leyla Yunus (Photos: Rasul Jafarov (© IRFS), Arif and Leyla Yunus (© HRHN))

Disregarding the motion by European Parliament earlier this week, Azerbaijan has failed to release political prisoners Leyla and Arif Yunus, Rasul Jafarov, Intigam Aliyev and Hasan Huseynli.

Leyla and her husband have now been imprisoned for 56 days, since July 30. On September 22, Leyla’s lawyers questioned her current condition after not being allowed into her cell and being denied an opportunity to speak with her on the phone. Guards told the lawyers she was sick and refused to speak with them. In a joint statement the lawyers expressed that the circumstances Leyla is being exposed to in the prison, including being subjected to acts of violence, “raise a lot of concerns”.

Jafarov, now detained for 53 days, since August 2, wrote an appeal earlier this week in which he asserted that he was falsely accused of hiding evidence and not cooperating in the investigation, and that his imprisonment is a result of a government order. “I present my arguments regarding the baselessness of the attribution of each ground to me and the fact that there was a ‘political order,’”he wrote.

Intigam Aliyev has been imprisoned for 47 days, since August 8. Hasan Huseynli, who has been detained for 178 days, since March 30, was recently sentenced to six years in Azerbaijani prison.

These five and 93 other political prisoners held in Azerbaijan were the subject of last week’s Platform London protest outside of BP’s headquarters on September 17. The protest called for BP to end its funding of the authoritarian regime on the anniversary of “the Contract of the Century”. A letter was also given BP, requesting they call on the Aliyev regime to release the 98 political prisoners and that they end their sponsorship of the 2015 Baku European Olympic Games. BP verbally agreed to meet with Platform, but has yet to formally respond to the letter.

This article was posted on 25 September 2014 at indexoncensorship.org

Call for the immediate and unconditional release of Leyla Yunus, Arif Yunus and Rasul Jafarov

Rasul Jafarov, Arif Yunus and Leyla Yunus (Photos: Rasul Jafarov (© IRFS), Arif and Leyla Yunus (© HRHN))

Rasul Jafarov, Arif Yunus and Leyla Yunus (Photos: Rasul Jafarov (© IRFS), Arif and Leyla Yunus (© HRHN))

60 NGOs from 13 Human Rights Houses call upon the Azerbaijani authorities, in their joint letter to President Ilham Aliyev, to immediately and unconditionally release Leyla Yunus, Arif Yunus and Rasul Jafarov, and lift all charges held against them. The NGOs also repeat their previous call to release Anar Mammadli and Bashir Suleymanli, and join calls for the release of Hasan Huseynli.

On 28 April 2014 Leyla Yunus, Director of the Institute for Peace and Democrac, and her husband historian Arif Yunus, were prevented from leaving the country at Baku’s airport.  Leyla Yunus and her husband Arif Yunus were arrested on 30 July 2014. On that day, Leyla Yunus was sentenced to 3-months pre-trial detention, whilst her husband was placed under police guard and not allowed to leave Baku. The charges brought against Leyla Yunus are those of state treason (article 274 of the Criminal Code of the Republic of Azerbaijan), large-scale fraud (article 178.3.2), forgery (article 320), tax evasion (article 213), and illegal business (article 192). Arif Yunus was arrested on 5 August 2014 and also sentenced to 3-months pre-trial detention.

The NGOs state in their joint letter to President Aliyev of 5 August 2014 that they are in particular concerned about Leyla Yunus’ health whilst in detention. She suffers from diabetes and needs appropriate medication, as well as arrangements to eat at certain times, necessary to control the illness. We worry that the conditions in detention will have a detrimental effect on her health condition, as it appears that she is to date not provided with adequate health care.

In July 2014, the bank accounts of, amongst others, human rights defender Rasul Jafarov were frozen as part of a broader investigation into numerous NGO’s. On 25 July he was refused to leave the country.  Rasul Jafarov was arrested on 2 August 2014, and sentenced to 3 months pre-trial detention on charges of tax evasion (article 213 of the Criminal Code of the Republic of Azerbaijan), illegal business (article 192) and abuse of authority (article 308.2).

On 14 July 2014, Hasan Huseynli, was sentenced to 6 years in prison. He was convicted on charges of armed hooliganism and unlawfully carrying a cold weapon.

The right to freedom of association is at the heart of the charges held against these human rights defenders. In essence they are deprived of their right to work in the defence of human rights. While registration of NGOs and grants to NGOs has become mandatory in Azerbaijan, authorities continue deny registration. Independent NGOs face continuous investigations and human rights defenders are being banned from travelling abroad, depending on their willingness to find agreements with the government, including agreements on their professional activities and their public statements.

Restrictions to laws affecting the right to freedom of association have been widely criticised since October 2011. Such legislation de facto criminalises human rights defenders in Azerbaijan, not for their wrong doing, but rather for the fact that working for an NGO, which does not have the blessing of the government, has become difficult in Azerbaijan. United Nations experts stated ahead of the Presidential elections that they “observed since 2011 a worrying trend of legislation which has narrowed considerably the space in which civil society and defenders operate in Azerbaijan.” The order given to the Human Rights House Azerbaijan in March 2011 to cease all its activities is a consequence of such policies.

The NGOs call upon the Azerbaijani authorities, in their joint letter to President Ilham Aliyev of 5 August 2014, to immediately and unconditionally release Leyla Yunus, Arif Yunus, Rasul Jafarov, and lift all charges held against them. The NGOs see this pre-trial detention of Leyla Yunus, Arif Yunus and Rasul Jafarov as a way to silence them. The NGOs also repeat their previous call to release Anar Mammadli and Bashir Suleymanli, and join calls for the release of Hasan Huseynli.

The NGOs further call upon the Azerbaijani authorities to take appropriate measures to put an end to the attacks, detention and harassment of human rights defenders, journalists and activists, and to take steps in order to foster a safe environment for them, in line with Azerbaijan’s international obligations and commitments, especially as the chair of the Committee of Ministers of the Council of Europe.

Signed by:

Human Rights House Azerbaijan (on behalf of the following NGOs):

  • Association for the Protection of Women’s Rights
  • Azerbaijan Lawyers Association
  • Institute for Reporters’ Safety and Freedom
  • Legal Education Society
  • Media Rights Institute
  • Society for Humanitarian Research
  • Women Association for Rational Development

Barys Zvozskau Belarusian Human Rights House in exile, Vilnius (on behalf of the following NGOs):

  • Belarusian Association of Journalists
  • Belarusian Helsinki Committee
  • City Public Association “Centar Supolnaść”
  • Human Rights Centre “Viasna”

Human Rights House Belgrade (on behalf of the following NGOs):

  • Belgrade Centre for Human Rights

Human Rights House Kiev (on behalf of the following NGOs):

  • Association of Ukrainian Human Rights Monitors on Law-Enforcement
  • Human Rights Information Centre
  • Center for Civil Liberties
  • Ukrainian Helsinki Human Rights Union
  • Ukrainian Legal Aid Foundation

Human Rights House London (on behalf of the following NGOs):

  • Article 19
  • Index on Censorship

Human Rights House Sarajevo (on behalf of the following NGOs):

  • Helsinki Committee for Human Rights in Bosnia and Herzegovina

Human Rights House Tbilisi (on behalf of the following NGOs):

  • Article 42 of the Constitution
  • Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
  • Human Rights Centre

Human Rights House Oslo (on behalf of the following NGOs):

  • Human Rights House Foundation
  • Norwegian Burma Committee
  • Norwegian Helsinki Committee

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 Yerevan (on behalf of the following NGOs):

  • Helsinki Citizens’ Assembly-Vanadzor
  • Helsinki Association for Human Rights
  • Journalists’ Club “Asparez”
  • Public Information and Need of Knowledge NGO
  • Shahkhatun
  • Women’s Resource Center

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

The Rafto House in Bergen, Norway (on behalf of the following NGOs):

  • Rafto Foundation, Norway

The House of the Helsinki Foundation For Human Rights, Poland (on behalf of the following NGOs):

  • Helsinki Foundation for Human Rights

Election Monitoring and Democracy Studies Center, Azerbaijan

Foundation “Multiethnic Resource Center for Civic Education Development”, Georgia

People in Need, Czech Republic

Public Movement Multinational, Georgia

Public Association for Assistance to Free Economy, Azerbaijan

Public Union of  Democracy and Human Rights Resource Centre, Azerbaijan

This statement was originally posted on Aug 5, 2014 at http://humanrightshouse.org/Articles/20321.html

Letter: Persecution of human rights defender Leyla Yunus

Minister Usubov Ramil Idris oglu
Minister of Internal Affairs of the Republic of Azerbaijan
Azerbaijan Avenue 7
1005 Baku
Republic of Azerbaijan
Email: [email protected]

Prosecutor General Zakir Bakir oglu Garalov
Nigar Rafibayli street 7
1001 Baku
Republic of Azerbaijan
Email: [email protected]

Mr Minister, Mr Prosecutor General,

We, the undersigned members and partners of the Human Rights House Network (HRHN) and the South Caucasus Network of Human Rights Defenders, express our deep concern over the persecution and hindrance of free movement of human rights defender Leyla Yunus and her husband Arif Yunus. We call upon you to put an end to the attacks, detention and harassment of human rights defenders and to take steps in order to foster a safe environment for human rights defenders, in line with Azerbaijan’s international obligations and commitments, including as a member of the Council of Europe.

On 28 April 2014 Leyla Yunus and her husband, the historian Arif Yunus, were prevented from leaving the country at Baku’s airport. She then was detained and interrogated by the police regarding the case of the arrested journalist Rauf Mirkadirov and questioned about the relation between the journalist and the Institute for Peace and Democracy.  She was released only in the after-noon on 29 April 2014. Searches were conducted in the office of the Institute for Peace and Democracy, and continued in the private home of Leyla Yunus until the night of 29 April 2014. According to Leila Yunus, she was humiliated during the search by the officers. The official grounds on which Leyla Yunus and Arif Yunus were prevented from leaving the country and detained are unclear, as well as the grounds on which the searches are being carried out.

Leader of the Institute for Peace and Democracy, Leyla Yunus is a well-known Azerbaijani human rights defender. Her NGO is a member of the South Caucasus Network of Human Rights Defenders and has from the very start in 1995 worked on the issue to release political prisoners and to establish rule of law in Azerbaijan. Leyla Yunus has within several projects worked to establish dialogue between civil society actors in the South Caucasus. She is a Chevalier of the National Order of the Legion of Honour, as a tribute for her longstanding work promoting human rights.

We are worried that the persecution is related to her outspoken criticism in the past few days against the detention of Rauf Mirgadirov, the investigative journalist of the leading Russian-language newspaper Zerkalo (Mirror), who is now facing charges of treason for his efforts in the peace building process of the Nagorno-Karabakh conflict. Rauf Mirkadirov participated in the numerous joint projects between the Institute for Peace and Democracy and Armenian NGOs.

Under Azerbaijan’s commitments within the Organisation for Security and Cooperation’s Misnk Group, we strongly believe that public diplomacy and cooperation between civil society in the South Caucasus contributes to efforts aiming at finding a peaceful solution to the Nagorno-Karabakh conflict.

As the Commissioner for Human Rights of the Council of Europe Nils Muižnieks stated on his Facebook page, “this is an additional example showing the extent of intimidation and repression of critical voices in Azerbaijan, a problem which I have repeatedly highlighted […] and asked the Azerbaijani authorities to address.”[1]Azerbaijan should indeed guarantee the right to freedom of expression of all human rights defenders and critical voices, in line with its obligations as a member of the Council of Europe.

Furthermore, authorities should prevent the use of unreliable evidence and unwarranted investigations against human rights defenders, as laid out in the United Nations Human Rights Council resolution 22/6 of 21 March 2013.

We are extremely worried to see that human rights defenders, including journalists and bloggers, are persecuted, attacked and detained due to their work. In addition to Leyla Yunus, the Chairperson of the Election Monitoring and Democracy Studies Centre (EMDS) Anar Mammadli, the Executive Director of EMDS Bashir Suleymanli and Elnur Mammadov, president of the Volunteers of International Cooperation, are facing court trials[2].

Ahead of the Chairmanship of the Council of Europe by the Republic of Azerbaijan, we call upon you to put an end to the crackdown of the civil society and to take steps in order to foster a safe environment for human rights defenders.

We further call upon you to report to the Council of Europe on your plans to investigate the acts of the State agents, which prevented Leyla Yunus and Arif Yunus from leaving the country and later detained them and to end all persecutions against them and other human rights defenders.

Sincerely,

Human Rights House Azerbaijan (on behalf of the following NGOs):

  • Azerbaijan Lawyers Association
  • Institute for Reporters’ Safety and Freedom
  • Legal Education Society
  • Media Rights Institute
  • Women Association for Rational Development

Belarusian Human Rights House in exile, Vilnius (on behalf of the following NGOs):

  • Belarusian PEN Centre
  • Belarus Watch
  • City Public Association “Centar Supolnaść”
  • Human Rights Centre “Viasna”

Human Rights House Belgrade (on behalf of the following NGOs):

  • Belgrade Centre for Human Rights
  • Lawyers Committee for Human Rights YUCOM
  • Civic Initiatives
  • Helsinki Committee for Human Rights in Serbia
  • Policy Centre

Human Rights House Kiev (on behalf of the following NGOs):

  • Association of Ukrainian Human Rights Monitors on Law-Enforcement
  • Human Rights Information Centre
  • Center for Civil Liberties
  • Kharkiv Human Rights Protection Group

Free Word Centre London (on behalf of the following NGOs):

  • Index on Censorship
  • Vivarta

Human Rights House Sarajevo (on behalf of the following NGOs):

  • Helsinki Committee for human Rights in Bosnia and Herzegovina

Human Rights House Tbilisi (on behalf of the following NGOs):

  • Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims – GCRT
  • Caucasian Center for Human Rights and Conflict Studies
  • Human Rights Centre
  • Union Sapari
  • Article 42 of the Constitution
  • Media Institute

Human Rights House Oslo (on behalf of the following NGOs):

  • Health and Human Rights Info
  • Human Rights House Foundation
  • FIAN Norway

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 Yerevan (on behalf of the following NGOs):

  • Armenian Helsinki Association
  • Helsinki Citizens’ Assembly-Vanadzor
  • Journalists’ Club “Asparez”
  • Democracy Today

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

Rafto Foundation, Norway

Helsinki Foundation for Human Rights, Poland

Public Union of Democracy Human Rights Resource Centre, Azerbaijan

Legal Protection and Awareness Society, Azerbaijan

Copies have been sent to:

  • Ministry of Justice of the Republic of Azerbaijan
  • Presidency of the French Republic
  • Ministry of Foreign Affairs of the French Republic
  • Office of the Commissioner for Human Rights of the Council of Europe
  • Private Office of the Secretary General of the Council of Europe
  • Chairman of the Committee of Ministers of the Council of Europe
  • Delegation of the Council of Europe in Azerbaijan
  • UN Special Rapporteur on human rights defenders
  • Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe (OSCE ODIHR)
  • Delegation of the European Union in Azerbaijan
  • Subcommittee on Human Rights of the European Parliament
  • Diplomatic community in Baku, Brussels, Geneva 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 has been closed after the Ministry of Justice of the Republic of Azerbaijan ordered all activities to be been ceased on 10 March 2011.

The Human Rights House Foundation (HRHF), based in Oslo (Norway) with an office in Geneva (Switzerland), is HRHN’s secretariat. HRHF is international partner of the South Caucasus Network of Human Rights Defenders and the Balkan Network of Human Rights Defenders.

HRHF has consultative status with the United Nations and HRHN has participatory status with the Council of Europe.

[1]Statement available at https://www.facebook.com/HumanRightsHouseNetwork/posts/10152035306640965.

[2]Further information on those cases available at http://humanrightshouse.org/Articles/20033.html.