[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.
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