[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 183 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. CON. RES. 183

Calling on the Government of the Republic of Azerbaijan to immediately 
release Farhad Aliyev and Rafiq Aliyev from detention during trial, to 
assure that their right to a fair and open trial before an independent 
and impartial tribunal will be carried out, and to comply with all its 
 international human rights agreements and commitments respecting the 
                  rule of law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2007

 Mr. Hastings of Florida (for himself, Mr. McCotter, and Mr. Ackerman) 
 submitted the following concurrent resolution; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Calling on the Government of the Republic of Azerbaijan to immediately 
release Farhad Aliyev and Rafiq Aliyev from detention during trial, to 
assure that their right to a fair and open trial before an independent 
and impartial tribunal will be carried out, and to comply with all its 
 international human rights agreements and commitments respecting the 
                  rule of law, and for other purposes.

Whereas, on October 19, 2005, the former Minister of Economic Development of 
        Azerbaijan, Farhad Aliyev, known as a leading advocate of pro-market 
        reforms, was arrested during Azerbaijan's parliamentary campaign for 
        allegedly planning a coup d'etat, and he has been detained in solitary 
        confinement, without family visitation rights, continuously since that 
        time in violation of Azeri and international law;
Whereas, on October 19, 2005, Rafiq Aliyev, the brother of Farhad, a leading 
        businessman and former President of the oil company AzPetrol, was 
        arrested for allegedly failing to declare foreign currency in his 
        possession prior to an international flight from Baku airport, and has 
        also been detained in solitary confinement continuously since that time 
        in violation of Azeri and international law;
Whereas their pre-trial detentions exceeded the maximum period permitted by 
        Azeri law and the indictment containing the charges for which they are 
        now facing trial was not presented until March 1, 2007, and does not 
        include the charges relating to the alleged coup, which have been 
        separated and remain untried for an indefinite period of time;
Whereas the Aliyevs have been denied sufficient time and resources to review 
        evidence and prepare adequately for trial, nor have they been permitted 
        to see their international legal representatives;
Whereas Farhad Aliyev has been denied a medical examination by doctors of his 
        own choice, despite the clear recommendation of the Council of Europe 
        (Council Resolution 1545);
Whereas the Aliyev brothers are now facing trial on other charges, including 
        embezzlement, tax evasion, and illegal privatization, and the families 
        of Farhad and Rafiq Aliyev have been the subject of intimidation, 
        harassment, and illegal search and seizure of property;
Whereas Farhad and Rafiq Aliyev vigorously deny all the accusations against 
        them, claiming that the charges are based on false evidence and are 
        politically motivated;
Whereas, after the commencement of pre-trial and trial proceedings in May 2007, 
        international trial observers, including representatives of the United 
        States and British Embassies, the press, international organizations, 
        nongovernmental organizations, and their British lawyer representing 
        them before the European Court of Human Rights were all excluded from 
        attending the proceedings, in violation of Azeri and international law;
Whereas in September and November 2006, applications were filed with the 
        European Court of Human Rights on behalf of Farhad and Rafiq, 
        respectively, alleging violations of rights guaranteed under the 
        European Convention on Human Rights, including violations of the right 
        to liberty, unlawful and arbitrary pre-trial detention, poor conditions 
        of detention, the absence of a fair trial, the arbitrary prohibition on 
        correspondence with and visits from their families, and violations of 
        property rights;
Whereas during this period, Farhad and Rafiq Aliyev have on numerous occasions 
        petitioned for release from pre-trial detention, including more recently 
        under the relevant provisions of Azerbaijan's Criminal Procedure Code 
        and Article 5 of the European Convention on Human Rights, on the grounds 
        that the maximum period for their pre-trial detention had expired, and 
        were consistently denied;
Whereas Farhad and Rafiq Aliyev further petitioned for release from detention in 
        both the preliminary hearings and during trial proceedings under the 
        relevant provisions of Azerbaijan's Criminal Procedure Code and Article 
        5 of the European Convention on Human Rights, and were denied;
Whereas the Republic of Azerbaijan is a member of the Organization for Security 
        and Cooperation in Europe (OSCE), the Council of Europe, the United 
        Nations Human Rights Council, and a signatory to the Energy Charter 
        Treaty and the European Convention on Human Rights;
Whereas the Department of State Country Reports on Human Rights Practices, 2006, 
        issued on March 6, 2007, stated that the Government of Azerbaijan's 
        human rights record remains poor, and it continues to commit numerous 
        abuses;
Whereas the Country Reports on Human Rights Practices, 2006, further stated 
        that, although Azeri law prohibits arbitrary arrest and detention, the 
        Government of Azerbaijan generally did not observe these prohibitions in 
        practice, and official impunity remained a problem, specifically citing 
        the cases of the Farhad Aliyev and Rafiq Aliyev in this regard;
Whereas Amnesty International's 2007 Human Rights Report stated that Farhad 
        Aliyev and Rafiq Aliyev were denied rights to due process, a fair trial, 
        medical care and, initially upon being detained, legal counsel of their 
        own choosing, among other violations;
Whereas Human Rights Watch World Reports for 2007 also cites the cases of Farhad 
        and Rafiq Aliyev as a pattern of politically-motivated arrests in 
        Azerbaijan;
Whereas according to the OSCE Representative on Freedom of the Media, Azerbaijan 
        has the highest number of arrested journalists among all the 56 OSCE 
        Member States;
Whereas at present seven journalists are imprisoned in Azerbaijan, and over 20 
        journalists have openly asked for political asylum abroad;
Whereas the Government of Azerbaijan has rejected repeated calls by the United 
        States Government, the OSCE, the Council of Europe, and other 
        international organizations to revise the criminal code so as to 
        decriminalize slander and defamation;
Whereas violent attacks against journalists have become alarmingly frequent, 
        and, along with other constraints on independent media, have elicited 
        the public concern of the OSCE Representative on Freedom of the Media 
        and international human rights organizations;
Whereas restrictions imposed on opposition and independent Azeri media outlets 
        have constrained their access to the trial of Farhad and Rafiq Aliyev, 
        making it difficult for the Azeri public and the international community 
        to receive objective information;
Whereas the arbitrary imprisonment and violation of human rights against the 
        citizens of Azerbaijan in violation of OSCE commitments on freedom from 
        arbitrary arrest or detention, the right to a fair trial, and violations 
        of other international agreements, are of serious concern to the 
        Congress; and
Whereas Azerbaijan is an important strategic ally of the United States, serving 
        as a key source and transit route for the export of Caspian oil to 
        Western markets, and a strong energy security policy requires the United 
        States to deal with stable and reliable countries to the extent 
        possible; Now therefore, be it
    Resolved by the House of Representatives (the Senate concurring),  
That--
            (1) Congress--
                    (A) calls on the Government of the Republic of 
                Azerbaijan to immediately release Farhad Aliyev and 
                Rafiq Aliyev from detention during trial and to assure 
                that their right to a fair and open trial before an 
                independent and impartial tribunal established by law 
                will be carried out;
                    (B) calls on the Government of Azerbaijan to 
                immediately implement visitation rights for family and 
                medical and international legal advisers for Farhad and 
                Rafiq Aliyev, consistent with the relevant provisions 
                of Azeri law and Article 8 of the European Convention; 
                and
                    (C) calls on the Government of Azerbaijan to 
                fulfill its international obligations, including 
                obligations relating to its membership in the Council 
                of Europe, the Organization for Security and 
                Cooperation in Europe (OSCE), the Convention on Human 
                Rights, and the Energy Charter Treaty; and
            (2) it is the sense of Congress that--
                    (A) the United States Government should use all 
                available means, including diplomatic channels, to 
                encourage the Government of Azerbaijan to release 
                Farhad and Rafiq Aliyev from detention during trial;
                    (B) the United States Government should use all 
                available means, including diplomatic channels, to 
                encourage the Government of Azerbaijan to release the 
                imprisoned journalists and aggressively identify and 
                prosecute those individuals who beat and attack 
                journalists;
                    (C) the United States Government should coordinate 
                actions with the OSCE, the Council of Europe, and other 
                appropriate international organizations; and
                    (D) the OSCE should continue to monitor these legal 
                proceedings for compliance with all commitments under 
                the Helsinki Final Act.
                                 <all>