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Press-release,
30 September 2005
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The Baku Mayor Office has sent an additional reply to organizers of the procession and rally, which they are planning to hold on October 1, 2005.
The letter says that, according with Article 9.1.3 of the Law of the Republic of Azerbaijan "on Freedom of assembly", it is forbidden to hold assemblies, rallies and demonstrations within a 300 meters radius around the offices of legislative, executive and judicial bodies. In this regard, it is noted that the routes of the procession-rally, proposed by its organizers - from Museum of Carpet to Azadlig Square, from the Karabakh Hotel to the Narimanov cinema, from the monument to Azizbayov to the building of National Academy of Sciences, from Sabir Park to Fizuli Square -pass near the Government agencies (respectively, State Frontier Service, Ministry of Communications and Information Technologies, Central Election Commission, a number of ministries located in the House of Government, Baku Department of Taxes, Executive Power of Narimanov district, Ministries of Justice, Taxes, Ecology and Natural resources and State Customs Committee; Constitutional Court, Ministry of Internal Affairs and Ministry of Foreign Affairs), and that for this reason holding of action on these routes shall be inadmissible under the above-mentioned Law.
At the same time, organizers of the procession-rally are being informed that, following the Executive order #933 of the Chief Executive of Baku, dated 17 September 1998, the Azadlig Square has been determined for holding special state events, and, therefore, it is forbidden to hold any other assemblies at this place, in accordance with Article 9 § III (3) of the Law of the Republic of Azerbaijan "on Freedom of assembly".
The letter also states that all the routes, suggested by the organizers of procession-rally, in particular, the Jafar Jabbarly Square located near to railway station, and the square by the "Ganjlik" metro station where large trade centers are placed, pass through areas with intensive movement of transport and pedestrians. This would create serious problems for guaranteeing, on these areas, of free movement of the citizens, who do not intend to participate in procession-rally, as well as of working rhythm of transportation facilities, and, therefore, can lead to infringement of public order, in accordance to Article 7 of the specified Law. For this reason, lawful restriction on freedom of assembly will be applied on the routes and in the places mentioned in the letter of organizers of procession-rally. Moreover, it is stated that the places suggested to be a final stop of the proposed routes cannot accommodate 30.000 people, expected to participate by the organizers of procession-rally.
Taking into account the lawful restrictions upon holding of procession-rally at the specified places and routes, the Mayor of Baku proposes that organizers of procession-rally to hold on 1 October 2005 the meeting-procession, with observance of requirements of the Law of the Republic of Azerbaijan "on Freedom of assembly", on one of the following routes and places:
1. To hold procession from the 20 January metro station, along the Hasan Bay Zardabi Street up to the square by the building of the State Cinema Fund (former "Gelebe" cinema) and to hold rally on this square;
2. To hold procession from the "Neftchiler" metro station (the "Dakar" Square), along the Rustam Rustamov Street up to traffic circle of the New Baku Oil Refinery named after Heydar Aliyev, and to hold rally on this square;
3. To hold rally at the square of the Association of Voluntary Military Patriotism and Technical Sports (Motordrom) in settlement of Bilajari;
4. To hold rally at the stadium of the "Azerneftyagh" plant, located on the Nobel Avenue (near to the "Azad Fehle" monument);
5. To hold procession from the "Hazi Aslanov" metro station to the Mohammed Hadi Street up to the Ukraine Square, and to hold rally on this square.
It is recommended in the letter that the organizers of the procession-rally use all available opportunities to maintain that the procession-rally on the routes and places proposed by the Mayor of Baku, are being held in peaceful and lawful manner and in accordance with the conditions specified by the Mayor of Baku.
Referring to Articles 12 § V and 13 § VI of the Law of the Republic of Azerbaijan "on Freedom of Assembly", the organizers are once again informed that it is forbidden for organizers and participants of assembly to carry fire-arms and/or cold steel, stones, pieces of glass and boards, truncheons, able to represent threat for the life and health of people or to cause damage to the property, specially made subjects for drawing physical injuries, explosives or the pyrotechnic products strong, poisonous, inflammable or poison gases, radioactive substances.
Letter of the Mayor of Baku further informs that, according to the received information, some persons are being forced to participate in rallies, while, according to the requirements of the law, one should take part in assemblies voluntarily. The persons, forcing somebody to participate in assembly, bear responsibility provided for by the legislation of the Republic of Azerbaijan.
At the same time, the Mayor of Baku notifies that holding of procession-rally on the forbidden routes and places will be assessed as infringement of provisions of the Law of the Republic of Azerbaijan "on Freedom of Assembly", and in this case, the responsibility for possible undesirable negative consequences lies on organizers and participants of procession-rally.
September 28, 2005
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