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MEMORANDUM
Representatives of the human rights protection organizations and authorities of Azerbaijan:
-Taking into account the commitment of the Republic of Azerbaijan taken upon accession to the Council of Europe to release or retry the prisoners recognized by the human rights protection organizations as "political prisoners"; -Emphasizing that it is possible to settle this issue of sensitivity to Azerbaijan through cooperation between the representatives of human rights protection organizations and the authorities; -Noting the importance of the work performed by both the human rights protection organizations and the state authorities, as well as the political will of the authorities to settle this problem; -Taking into account that Azerbaijan is the only country among the Council of Europe member states where criteria for defining "political prisoners" are used, while other European nations do not accept those "criteria"; -Guided by the principles of humanism and democracy,
Established during their June 10-11, 2005 meeting a task force, comprising the following representatives of the human rights protection organizations and authorities of Azerbaijan:
The main purpose of the task force consists of adopting single position and approach to the issue of meeting the commitment and eliminating the problem.
Thus, primarily the report and subsequent draft resolution "On Follow-up to Resolution 1359 (2004) regarding Political Prisoners in Azerbaijan" included in the agenda of the Parliamentary Assembly of the Council of Europe to take place on June 20 - 24, 2005, were discussed.
As for three persons considered "political prisoners" by the independent experts, as indicated in the draft resolution, the task force agrees that, taking into account the violent nature of their crimes and all other specifics of their cases, no insistence will be made for extra-judicial release of those persons. At the same time, noting Azerbaijan's entry into the jurisdiction of the European Court of Human Rights, the task force stressed existence of possibility to apply all legal remedies in releasing those persons.
Respecting all opinions of independent experts respect, the task force does not put in doubt the position of independent experts on the 43 persons not being "political prisoners". At the same time, it agrees with the position of the Parliamentary Assembly of the Council of Europe and notes that it is possible for those persons not considered "political prisoners" by the independent experts to get their situation changed otherwise (pardon based on humanitarian reasons, conditional release, etc.).
As a result of analysis of the "list of 107 presumed political prisoners", the task force agrees that the list lacks precision on certain instances, including the following with regard to the persons on the list:
-27 persons have already been released (including 10 pardoned and 17 released by decision of court); -one person's name is repeated twice; -5 names have not been determined among those serving terms in state penitentiaries.'
At the same time, the task force notes that, taking into account that the remaining persons on the list have been convicted for committing grave violent crimes, additional opportunity should be provided for their application before the European Court of Human Rights, and other remedies should be utilized for eliminating any violations committed during their trials.
Representatives of the human rights protection organizations and authorities of Azerbaijan have agreed on following:
-Representatives of Azerbaijani authorities will make use of every legal remedy (amnesty, review of cases by higher-instance courts, conditional release, release on health condition, pardon) to settle this problem; -To request that the Parliamentary Assembly of the Council of Europe, taking into account activity of the task force, postpones consideration of the issue until the agreements within the task force are fully implemented; -The task force will continue its activity and meet on a regular basis.
Novella Jafarova Samad Seyidov Saida Gojamanly Gultakin Hajiyeva Saadet Bananyarly Ali Huseinov Rena Sadaddinova Fuad Alasgarov Zaliha Tahirova Chingiz Askarov Mourad Sadaddinov Kamalia Ismayilova Eldar Zcynalov Otari Qvaladze Chingiz Ghanizadeh Tahir Taghizadeh Sahib Mammadov Baku, 11 June,2005 |
