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  • F18News: Azerbaijan - Conscientious objector prisoner freed

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ========================================== ======
    Wednesday 14 May 2008
    AZERBAIJAN: CONSCIENTIOUS OBJECTOR PRISONER FREED

    Azerbaijan has freed a Jehovah's Witness conscientious objector prisoner,
    Samir Huseynov, Forum 18 News Service has learnt. Huseynov was freed from
    jail on 1 May, despite his appeal against his sentence being refused.
    "Because I have not been cleared, I now have a criminal record," Huseynov
    complained. "If I want to get a job, any employer will find this out and
    will treat me with more caution." He insisted that "the state one hundred
    percent had no right to imprison me," telling Forum 18 that "I have rights
    guaranteed under the European Convention of Human Rights." Jehovah's
    Witnesses state that no other of their young men are facing prosecution for
    refusing compulsory military service on religious grounds, although several
    have this year been harassed by military conscription offices. When it
    entered the Council of Europe in 2001, Azerbaijan promised to introduce an
    Alternative Service Law by January 2003. But it has not done this. An
    official claimed that an Alternative Service Law "will be adopted this
    year."

    AZERBAIJAN: CONSCIENTIOUS OBJECTOR PRISONER FREED

    By Felix Corley, Forum 18 News Service <http://www.forum18.org>

    Jehovah's Witness conscientious objector Samir Huseynov was freed from
    prison on 1 May, despite failing in his appeal against his sentence, as he
    told Forum 18 News Service on 14 May. He is now back in his home village of
    Dalmamedli near the city of Gyanja [Gäncä] in western Azerbaijan. "Because
    I have not been cleared, I now have a criminal record," Huseynov
    complained. "If I want to get a job, any employer will find this out and
    will treat me with more caution." He insisted he should never have been
    imprisoned for refusing to perform compulsory military service. "The state
    one hundred percent had no right to imprison me," he told Forum 18. "I have
    rights guaranteed under the European Convention of Human Rights."

    Jehovah's Witnesses say no other of their young men are currently facing
    prosecution for refusing military service, although several have this year
    been summoned by Military Conscription Offices and harassed after declaring
    that they will not serve in the armed forces because of their religious
    faith.

    Azerbaijan committed itself to introduce an Alternative Service law by
    January 2003 when it entered the Council of Europe in 2001, but failed to
    do so. A parliamentary official says that a draft Alternative Service Law
    is about to be presented to parliament.

    "The draft Law has not yet been presented to parliament," Jeyhun Garajaev,
    an expert on the Permanent Commission on Legal Policy and State Building,
    told Forum 18 from Baku on 14 May. "But our leaders have said we are ready
    to adopt this law and it is at a decisive stage. It will be adopted this
    year." He initially said the draft is being prepared by the Presidential
    Administration, but added that it could be being prepared by a group of
    parliamentary deputies.

    Garajaev repeatedly refused to admit that his country had failed in its
    obligation to the Council of Europe to adopt this law. However, he claimed
    that this was "connected to objective conditions", a reference to the
    unresolved conflict with Armenia over Nagorno-Karabakh.

    Garajaev said the draft Law is still in the "working phase" but that he
    expects it to be presented during parliament's spring session, which
    finishes at the end of May. He said the draft will first be presented to
    one of parliament's commissions, probably to his Commission on Legal
    Policy. He claimed that the text will be published on the parliamentary
    website before it is even considered by the Commission.

    Garajaev contradicted Safa Mirzoev, the head of the Parliamentary
    Administration, who was reported by the Trend News Agency as telling
    journalists on 2 May that the draft Law would be adopted at the spring
    session. Mirzoev claimed that the draft Law has been approved by
    "international organisations", which the agency did not name. The agency
    noted that not all parliamentary deputies supported the idea of introducing
    an alternative service. Forum 18 was unable to reach Mirzoev on 14 May.

    One human rights activist complained about the secrecy surrounding the
    adoption of the Alternative Service Law. "The draft law is top secret and
    was never publicly discussed," Eldar Zeynalov, head of the Baku-based Human
    Rights Centre of Azerbaijan, told Forum 18 on 14 May.

    The Geranboy District Court in western Azerbaijan sentenced Huseynov in
    October 2007 to ten months' imprisonment for refusing military service on
    grounds of religious conscience under Article 321.1 of the Criminal Code.
    He was transferred to Penal Colony No. 16 in the Baku suburb of Bina in
    January (see F18News 19 March 2008
    <http://www.forum18.org/Archive.php?articl e_id=1102>).

    Huseynov failed in his first appeal, but then challenged his sentence at
    the Regional Appeal Court in Gyanja. He was brought to Gyanja from Baku on
    14 April ahead of the appeal hearing, which took place a week or so after
    his transfer. That appeal failed, but he was allowed another appeal shortly
    after, which was held on 1 May. "The three judges took just twenty minutes
    to hear the appeal," he told Forum 18. "One of them then told me that my
    appeal was being rejected but that I was being freed, without explaining
    why."

    He said his lawyer received a copy of the written Appeal Court ruling and
    passed it on to him on 13 May. The written verdict rejected his appeal for
    the original sentence to be overturned, but ruled that he should be freed
    early because the sentence of ten months was too harsh.

    Huseynov said at the Military Conscription Office last year he was
    insulted when he declared he could not serve in the armed forces because of
    his faith. But he says he was generally well treated during his
    imprisonment and not beaten. He said the head of Penal Colony No. 16 asked
    why he had been imprisoned. "I told him I am a Jehovah's Witness and he was
    very interested to find out about us," Huseynov told Forum 18. "He treated
    me with respect."

    However, Huseynov added that this did not prevent the penal colony head
    listing him as a dangerous prisoner, requiring him to sign in every hour
    between 7 am and 10 pm at the guardhouse. "They had no reason to do this,"
    he insisted. "And there is always the danger that if you sign in late you
    will be punished." He said he was held in a cell for 12 prisoners, which
    often held about 13 or 14.

    Huseynov said he does not know if the military authorities will again try
    to conscript him.

    The Jehovah's Witness community in Dalmamedli has several times had its
    meetings raided by police, Huseynov reported. "They've occasionally stopped
    us meeting and studying the Bible, speaking to us very crudely." He said
    that in June 2007 several local Jehovah's Witnesses were fined, but
    complained against them and did not pay. He said the local community has
    not been harassed in 2008.

    However, raids on Protestant and Jehovah's Witness communities in other
    parts of Azerbaijan have continued in 2008 (see F18News 6 February 2008
    <http://www.forum18.org/Archive.php?articl e_id=1082>(END)

    For a personal commentary, by an Azeri Protestant, on how the
    international community can help establish religious freedom in Azerbaijan,
    see <http://www.forum18.org/Archive.php?article_id= 482>.

    For more background information see Forum 18's Azerbaijan religious
    freedom survey at <http://www.forum18.org/Archive.php?article_id' >.

    More coverage of freedom of thought, conscience and belief in Azerbaijan
    is at <http://www.forum18.org/Archive.php?query=& religion=all&country=23>.

    A survey of the religious freedom decline in the eastern part of the
    Organisation for Security and Co-operation in Europe (OSCE) area is at
    <http://www.forum18.org/Archive.php?article_ id=806>.

    A printer-friendly map of Azerbaijan is available at
    <http://www.nationalgeographic.com/xpedition s/atlas/index.html?Parent=asia&Rootmap=azerba& gt;.
    (END)

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855
    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/

    From: Emil Lazarian | Ararat NewsPress
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