The Voice of Mirza Xazar

– Press Release –

European Parliament hears of Human Rights Violations and a Crisis in Kerkuk
Iraq’s Turkmen Speak of ongoing Marginalisation

Conference organised by the Unrepresented Nations and Peoples Organization (UNPO) and Iraqi Turkmen Human Rights Research Foundation (SOITM), in partnership with the Alliance of Liberals and Democrats for Europe (ALDE) and the Non-Violent Radical Party

Brussels, 26 – 27 March 2007: As the people of Europe celebrate fifty years of constructive political partnership, the European Parliament in Brussels has hosted a conference aiming to begin a dialogue hoping to secure a similar future for the people of Iraq.

The Turkmen are Iraq’s third largest ethnic community, with a long history in its northern region. Their existence has however been characterised by a sustained catalogue of human rights violations and ongoing political marginalisation. This has most recently prompted a crisis in the oil rich city of Kerkuk, now threatening to become a new theatre for conflict and confrontation. With 31 December 2007 looming as the Iraqi constitution’s deadline for resolving the city’s future status, Kerkuk’s historical Turkmen communities claim their lack of meaningful representation in local administration and large demographic changes following the fall of Saddam Hussein’s regime have unjustly favoured dominant Kurdish actors in a proposed referendum. A prerequisite for any legitimate resolution to the conflict, they claim, is the genuine inclusion of all affected communities and an end to ongoing human rights violations as rival factions jostle for influence and control.

Remarkably, this conference marked the first opportunity for Iraqi Turkmen representatives to present their experiences and opinions to the international community. Assembled press, Parliamentarians, European leaders, and civil society activists, were consequently given a new and previously unheard perspective on the realities of life in northern Iraq. Mr. Ali Mehdi, Head of the Turkmen Group at the Kerkuk City Council; Ms. Nermin al-Mufti, author and al-Ahram Correspondent; Dr. Hassan Aydinli, Iraqi Turkmen Front Representative, Mr. Ersed Hurmuzlu, author, and Mr. Suphi Saatci, Editor of Qardashlik Journal, spoke with great passion and conviction of the rich and diverse cultural history of both Iraq and the Turkmen people, emphasising the historical precedent there is for a harmonious and unitary Iraqi state in which all its communities live side by side. Where a genuine democratic process favours a federal over a unitary Iraq however, Dr. Muzaffer Arslan, advisor on Turkmen Affairs to the President of Iraq H.E. Jalal Talabani, confirmed his intention to respect this, underlining however that such a solution must acknowledge also Turkmen rights to a territory and distinct place within any federation.

Mr. Marco Cappato MEP and Mr. J.M. Wiersma MEP both stressed the need for creativity and a common commitment to stability when it comes to addressing the thorny issue of Kerkuk. Both Assyrian and Turkmen representatives present underlined their opposition to the imminent referendum, anxious that the ongoing process of “normalization” has failed to restore the historical demographic balance of the city following the manipulation of Saddam Hussein’s regime, and concerned by what they consider a new period of Kurdish migration. They emphasised however also their willingness to respond to calls for creativity, discussing the possibility of Kerkuk being administrated jointly by all its communities as a region of its own. Mr. Burhan Jaf, EU Representative of the Kurdish Regional Government, supported proposals voiced by UNPO and assembled MEPs for stronger EU involvement with respect to election monitoring and other initiatives.

In particular, conference organizers UNPO General Secretary Mr. Marino Busdachin and SOITM Chairman Sheth Jerjis, echoed by other participating stakeholders, urged an EU-appointed commission to continue the discussions started at this conference, aiming to securing a sustainable solution and preventing further conflict and confrontation – a goal, it was acknowledged, which can only be achieved through the genuine inclusion of all Iraq’s non-ruling communities.

For more information please see www.unpo.org

Azerbaijan: Splits at the Top

Arrest of a once-loyal politician suggests feuding among the ruling elite.

By Boyukaga Agayev in Baku (CRS No. 385 29-Mar-07)

A fight on the floor of parliament and the subsequent arrest of a deputy have exposed increasing tensions within the once monolithic governing elite in Azerbaijan.

During a debate on March 16 on the government’s report on its activities, parliamentary deputy Husein Abdullayev, formerly a loyal supporter of the government, launched a stinging attack on Prime Minister Artur Rasizade and his cabinet.

The speaker tried in vain to get Abdullayev to calm down, and pro-governmental members responded to his tirade.

The exchange of angry words ended in a fight between Abdullayev and Fazail Agamaly, the head of the pro-government Ana Vatan (Motherland) party. The younger and more athletic Abdullayev sent the other man crashing onto a table and then left the chamber.

Agamaly apologised to members of the government, deputies and guests for the incident, saying, “Someone had to stop this ill-mannered man, and that’s what I did.

“Everyone can see that he’s gathered a gang of cut-throats around him. The law-enforcement bodies know that and should take serious action.”

Three days later, Abdullayev was summoned to the prosecutor’s office and arrested for hooliganism and assault. Later, he was stripped of his parliamentary immunity and given two months’ pre-trial detention in Baku’s Bailovo prison.

Eynulla Fatullayev, editor-in-chief of Realny Azerbaijan newspaper and a friend of Abdullayev, told IWPR how the arrest happened. He said Abdullayev had been on his way to a meeting with diplomats from the Organisation for Security and Cooperation in Europe when he was stopped by a group of men who asked to see his documents, then seized him, pushed him into a car and drove him to the prosecutor general’s office.

Fatullayev said that his friend had been expecting to be arrested even before the fight in parliament, and described that incident as a “provocation”.

“Sources in the government told him as much. They forced Abdullayev to choose between leaving Azerbaijan and going to prison. He wanted to stay and carry on his struggle, and he asked me for advice. I said, ‘You’ve already made your move, so you have to fight to the end.’”

Abdullayev is now also being investigated for tax evasion.

As often happens in Azerbaijan, relatives of a disgraced public figure are suffering alongside him. On March 26, Husein Abdullayev’s brother Azer was sacked from his post as head of the anti-smuggling department at airport customs.

Husein Abdullayev can lay claim to being the first of the oligarchs in post-independence Azerbaijan. In 1992, his fortune was estimated at five million US dollars, a huge sum for that time. He set up a big trading company, called Nakhichevan after his home region, and was a major player in the oil business.

He is now head of a large private security agency.

In recent years Abdullayev has moved into politics and was an ardent supporter of the late president Heidar Aliev, who also came from Nakhichevan. He personally led an armed group that broke up opposition protests.

In 2005, he was elected to parliament as an independent deputy.

However, the political landscape has changed since Ilham Aliev succeeded his father Heidar in 2003, and in his new role as legislator Abdullayev did not toe the government line.

He first caused a stir in parliament last year, when he demanded that Interior Minister Ramil Usubov give a report on the case of Haji Mamedov, a police colonel who had recently been given a life sentence after years of collusion with criminal gangs.

Abdullayev is only one of a number of politicians who have quarreled with their former allies in the government and presidential administration. Several of them have ended up in jail.

Former health minister Ali Insanov was arrested on the eve of the October 2005 parliamentary election and accused of plotting a coup d’etat. The charges against him have changed since he has been in detention, and he is now accused of corruption, embezzlement of state funds and abuse of power.

Insanov’s court appearances have attracted much public attention, since he was one of the founders of the ruling Yeni Azerbaijan party and was considered the leader of a large influential “clan” in government drawn from Azerbaijanis with roots in Armenia. In court, Insanov has accused his accusers of being politically motivated and of “anti-state activities”.

Insanov’s supporters have joined protests by the opposition party Musavat, which has held three political rallies this year.

Musavat and another opposition party, the Popular Front, are now also demanding the release of Abdullayev.

Another ex-minister, Farhad Aliev, also arrested in October 2005, is also due to stand trial soon. Analysts believe his arrest marked the start of a period of strife within the governing elite.

Political expert Eldar Namazov said the feuding was almost inevitable.

“No political reforms have been carried out in Azerbaijan since 2003,” he said. “Heidar Aliev controlled the system by virtue of his personal authority. The system ran on autopilot for several years after he died.

“Now it’s begun to crumble from within. Even those who built this power structure are worried about the situation.”

Namazov said the breakdown of the elite was a long drawn-out process, but might pick up speed as circumstances changed.

“Every day there are new scandals and rows,” he said. “People who used to be strong supporters of the authorities are now strongly criticising them. They cannot stand the situation any longer, and they are speaking out.”

Abdullayev has complained that he is being held in poor conditions and is being subjected to pressure by the prison authorities. He met the head of Azerbaijan’s Anti-Torture Committee on March 22 and has appealed to international organisations to help him fight what he says is an illegal arrest.

Boyukaga Agayev is a correspondent with the Azadliq newspaper and head of the South Caucasus Research Centre in Baku.

(http://www.iwpr.net)

To the Court of Sabail District

From Ashurov Isaxan Gara oglu,

defender of Huseynov Samir Sadagat oglu accused under the article 283.2.2 and
Tagiyev Rafig Nazir oglu accused under the article 283.1.1.of Criminal Code of Azerbaijan Republic Petitions (in accordance with the articles 92.9.6 and 299 of The Procedural Criminal Code of Azerbaijan Republic)

19 March 2007

Your Honour!

(1) Persons protected by me Huseynov Samir Sadagat oglu, acussed under the article 23.2.2. of the Criminal Code, and Tagiyev Rafig Nazir oglu, accused under the article 283.1.1. of the Criminal Code OF the Azerbaijan Republic, are accused illegally, groundless and unjustly on the basis of indictment composed by investigating authority.

(2) On the basis of Clause 1 of Article 6 of the European Convention for the protection of the Human Rights and Fundamental Freedoms: “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”.

(3) Defense, guided by the mentioned in the norm of the Convention, joined by Azerbaijan Republic since 2002, presents you legal and reasonable petition concerning the following cases as an integral part of preliminary hearing in connection with the issues to be resolved in the preparatory session of the court.

a. About the expelling of the materials which are inadmissible for investigation as evidence

(in accordance with the article 299.4.3 of the Procedural Criminal Code)
(4) In the resolution about the estimation of the evidence, composed by Hamidov Anvar Gudrat oglu holding the preliminary investigation concerning the matter and in the indictment composed according to this matter it is claimed that as if there are enough evidences to prove that the mentioned crime was committed by Mr. Huseynov and Mr. Tagiyev based on the testimonies of Mr. Mammadov Mubariz Hasan oglu (l.m. 79-80), Mr. Suleymanov Elchin Abbas oglu (l.m 97-100), Mr. Israfilov Musaddag Alish oglu (l.m. 105-106) and khanum Ismailova Gilas Mammad kizi (l.m. 135-136) as principal evidences. Investigating authority estimated the testimonies even of the father of Mr. Huseynov Huseynov Sadagat Hasan oglu, violating the acknowledged constitutional norms in civilized world.

(5) There is not any fact or information against Mr. Huseynov and Mr. Tagiyev in the testimonies of mentioned above Mr. Musaddag Israfilov and khanum Gilas Ismailova. These persons simply confirmed the publishing of the Mr. Rafig Tagi's article No 16(060) dated on 11 November 2006, titled “Europe and us”. In respect of this fact the defense submits the following two cases for consideration of the respected court:

- Firstly, neither Mr. Tagiyev nor Mr. Huseynov denies the publishing of the article in the issue on the mentioned above date, on the contrary, they confirm this in their testimonies and comments given to the investigating authority;

- Secondly, investigating authority with the aim of confirmation of the case, may base on the testimony of the all of the newspaper readers as evidence.

(6) As opposed to these witnesses Mr. Huseynov’s father Huseynov Sadagat Hasan oglu said that he hadn’t read the article in the newspaper in general, he only had heard about it. Though in accordance with the article 126.3 of the criminal code of The Azerbaijan Republic “the information provided by witnesses on the basis of the words of the third persons can not be used as evidences”. As it is known to respected Court this is referred only in exceptional cases to the dead person’s words.

(7) Taking into consideration these cases, the defense asks to expel the testimony of Mammadov Mubariz Hasan oglu (l.m. 79-80), Mr. Suleymanov Elchin Abbas oglu (l.m 97-100), Mr. Israfilov Musaddag Alish oglu (l.m. 105-106) and khanum Ismailova Gilas Mammad kizi (l.m. 135-136) from investigation as inadmissible materials for evidence.

b. About the grounds of reverse of restraint of Mr. Huseynov and Mr. Tagiyev

(in accordance with the article 299.3.5 of the Procedural Criminal Code)

(8). It is evident from the materials of the case that the investigating authority and the court choosing the extreme restraint – arrest, didn’t trouble themselves in grounding its reason. The investigating authority suggested groundless conclusion, without basing on any fact or information, that in the case if Mr. Huseynov and Mr. Tagiyev are at large, they will escape and hide out from investigation and the court accepted this suspicion as a fact. Defense supposes that there are enough grounds for reversing the restraint of Mr. Huseynov and Mr. Tagiyev and they include the followings:

- Non application of grounds specified in and cases to be taken into consideration under Article 155 of the Procedural Criminal Code and factors determining them, while applying restraint - arrest of Mr. Huseynov and Mr. Tagiyev on 15 November, 2006.
- Absence of any definitely accepted fact or information about preconceived evasion of Mr. Huseynov and Mr. Tagiyev from summon of the court or the investigating authority in respect of the present or any other criminal case.
- Absence of any fact or information about evasion of Mr. Huseynov and Mr. Tagiyev from process in respect of the present or any other criminal case;
- Unstained reputation of Mr. Huseynov and Mr. Tagiyev as journalists;
- Existence of their permanent place of work;
- Presumption of innocence;
(9). Taking into consideration the above mentioned cases the defence requires to annul the illegal, groundless and unjust restraint of Mr. Huseynov and Mr. Tagiyev and to take into consideration that we are ready to provide guaranties in accordance with Article 5 of the Convention in respect of appearance in the court.

Isakhan Ashurov