UA: 113/14 Index: EUR 55/005/2014 Date: 8 May 2014

URGENT ACTION PEACEFUL PROTESTORS SENTENCED TO DETENTION Five activists arrested for taking part in a peaceful protest have been sentenced to between 15 and 30 days in jail for an administrative offense. One of the activists was reportedly tortured in custody. She was also the only one to receive a 30 day prison term.

On 6 May over 150 supporters of the recently convicted NIDA Civic Movement activists gathered outside the Baku City Grave Crimes Court. Some of the supporters shouted protest slogans after the verdicts were read out in court. This prompted plainclothes and uniformed police officers, who were stationed outside, to use force to break up the crowd. Video footage shows protesters being punched and journalists having their cameras thrown on the ground.

At least 26 individuals were dragged into a waiting bus and driven to a nearby police station. Some were released the same day with warnings and fines, but 17 activists were kept in custody overnight. On 7 May, Nasimi District Court handed down detention terms under Article 298.2 (participation in a gathering not organized in accordance with the law) of the Administrative Code amounting to 30 days for Kemale Benenyarli; 20 days for Orkhan Eyyubzade; and 15 days for Tural Abbasli, Shefi Shefiyev and Haji Zeynalli. The remaining 12 activists received fines ranging from AZN 300-600 (USD 382-764) on the same charge.

Azerbaijani Popular Front Party (APFP) activist, Kemale Benenyarli, told her lawyer on 8 May, that she was beaten twice at the Nasimi District Police Department. She was beaten by two plainclothes officers when first brought to the police station, then she was dragged to another room. When she refused to sign an incriminating statement she was repeatedly punched on the head. Water was thrown in her face whenever she fainted, allowing the police to continue the beating. She was he was then dragged and thrown in to a cell, where she was kept without food or water until her trial the following morning.

After the hearing on 7 May, Kemale Benenyarli was transferred to Binagadi Temporary Detention Center, where a large lump was discovered on her head and formally recorded following a customary medical examination. Following persistent vomiting emergency services were called to treat Kemale Benenyarli on 8 May.

Please write immediately in English, Russian, Azeri or your own language, calling on the authorities to:  Immediately and unconditionally release of all activists jailed on 6 May 2014;  Launch of a prompt, impartial and effective investigation into all allegations of torture and ill-treatment, and for those found responsible to be held accountable;  Ensure that Kemale Benenyarli receives thorough medical treatment in a timely manner.

PLEASE SEND APPEALS BEFORE 19 JUNE 2014 TO: Prosecutor General Ombudsman Zakir Qaralov Elmira Suleymanova 7 Rafibeyli Street 40 Uzeyir Hajibeyov Street Baku, AZ 1001 Baku. AZ 1000 AZERBAIJAN AZERBAIJAN Fax: 011 99 412 492 32 30 (keep trying) Fax: 011 99 412 498 23 65 (keep trying) Email [email protected] Email: [email protected] Salutation: Dear Prosecutor General Salutation: Dear Ombudsman

Also send copies to: Ambassador H.E. Elin Suleymanov, Embassy of the Republic of Azerbaijan 2741 34th Street NW, Washington DC 20008 Fax: 1 202 337 5911 I Email: [email protected]

Please check with the AIUSA Urgent Action Office if sending appeals after the above date.

UA: 113/14 Index: EUR 55/005/2014 Azerbaijan Date: 8 May 2014 URGENT ACTION PEACEFUL PROTESTORS SENTENCED TO DETENTION

ADDITIONAL INFORMATION

The 26 individuals detained by police on 6 May 2014 were initially sent to the 22nd Nasimi District Police Station. Of those, 14 were then sent to the Nasimi District Chief Police Department. This is where Kemale Benenyarli was allegedly tortured. The remaining 13 activists were returned to the 22nd Nasimi District Police Station where they were kept overnight.

Kemale Benenyarli was presented with a written “confession” for signing, which she refused. Allegedly, the “confession” stated that she was paid by the leader of the Azerbaijani Popular Front Party, Ali Karimli, to organize an unsanctioned protest outside of the Baku Grave Crimes Court on 6 May, and that this was planned in turn with the aid of the French and US governments. When she refused to sign this document, the four plainclothes officers in the room began to punch her on the head. They would intermittently throw water in her face to awaken her whenever she lost consciousness.

Kemale told her lawyer that she was constantly accused of being a traitor and insulted throughout her ordeal at the Nasimi District Chief Police Department.

Some of the over 150 activists who were gathered outside Baku Grave Crimes Court on 6 May began to shout slogans of protest when eight NIDA activists were read out a court judgement sentencing them to 6-8 years of imprisonment. Police moved in to violently break up the crowd as soon as slogans were shouted.

The NIDA activists, Shahin Novruzlu, Bakhtiyar Guliyev, Mammad Azizov, , Rashadat Akhundov, Uzeyir Mammadli, and Ilkin Rustamzade were arrested in March, April and May 2013 and charged with the illegal possession of drugs and explosives, and with intending to cause public (mass) disorder at a protest on 10 March 2013. This protest went ahead peacefully until it was forcibly broken up by police who used rubber bullets and water cannon to disperse the crowd.

On 6 May 2014, Baku Grave Crimes Court sentenced them 6-8 years of imprisonment. Amnesty International considers all eight members of the NIDA Civic movement to be prisoners of conscience, imprisoned solely for peacefully exercising their right to freedom of expression.

Name: Kemale Benenyarli (f) Orkhan Eyyubzade (m), Tural Abbasli (m), Shefi Shefiyev (m) and Haji Zeynalli (m) Issues: Torture/ill-treatment, Prisoners of conscience, Health concern

UA: 113/14 Issue Date: 8 May 2014 Country: Azerbaijan

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