E/CN.4/2001/66
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Procurator’s Office. He confessed to the murder. On 24 August 1998, the Baku Municipal
Court found him guilty and sentenced him to 14 years’ imprisonment. An examination of the
facts failed to establish that he had been beaten up.
95.
Concerning Vakhid Gurbanov, Vagif Guliev and Elchin Mamedov, the Government
replied that on 12 September 1998, a group of 250 to 300 persons, including the above-named,
attempted to hold an authorized meeting in Azadlig Square in Baku. Participants in the
procession to the square disrupted the peace and quiet of the town’s inhabitants. They were
thereby deliberately provoking police officers, obliging them to use force against them. The
participants threw stones, bottles, pieces of metal and sticks at police officers, as a result of
which 78 were injured. The lawbreakers were arrested, some were warned and immediately
released, others were fined by the court or held in custody for 2 to 15 days. The majority of
persons charged were questioned by the Procurator General and his staff. Steps were taken to
determine the motives of their crime and whether unlawful force had been used against them
during or after the arrest. Those charged were informed of their right to appeal to the Procurator
General. They were subsequently summoned to the Procurator’s Office and on being questioned
stated that, as the injuries they had suffered during the confrontation between participants and
police officers were insignificant, they had not appealed to the investigating authorities.
On 30 December 1998, Vakhid Gurbanov was given a suspended sentence of two years.
On 18 March 1999, a Baku District Court sentenced Elchin Mamedov to two years’
imprisonment to be served in two years’ time and Vagif Guliev to a suspended sentence
of 18 months’ imprisonment.
96.
Concerning Dzhamal Gumbatov, the Government stated that allegations of torture were
checked on several occasions but not confirmed.
97.
Concerning Kerim Kerimov, the Government replied that an investigation by the
Gyandzh Procurator’s Office established that members of the Gyandzh section of the National
Front Party of Azerbaijan had tried, on the pretext of holding a funeral ceremony, to hold a
meeting which was not authorized by the municipal authorities. Kerim Kerimov and others were
questioned at the police station in Gyandzh. After a warning not to engage in unlawful activities
of that nature in future, they were released. The allegations that he was beaten by members of
the Gyandzh police department on 24 May 1997 proved to be unfounded.
98.
The Government stated that any human rights violation brought to the attention of the
authorities becomes the subject of careful inquiries and that in each case steps are taken to
restore the citizen’s rights and to ensure that justice is done. The protection of human rights and
fundamental freedoms is proclaimed in the Constitution as the principal objective of the State. A
Police Law prohibiting the use of threats, torture and other physical and psychological pressure
(article 5) and requiring police officers to respect the rights and freedoms of individuals in the
course of their activities entered into force in November 1999 and was being widely distributed
amongst the population and the police.
99.
Concerning the journalists Smira Mamigdze, Ilhame Mamigdze, Zamina Aliguze and
others, the Government responded that an investigation by the Procurator’s Office of the
Republic of Azerbaijan had found that an unauthorized picket had been held in front of the
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