Azerbaijan: Communication sent on 17 March 2005

CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTION OF RELIGIOUS INTOLERANCE

Addendum
Summary of cases transmitted to Governments and replies received

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Azerbaijan
Communication sent on 17 March 2005

12. The Special Rapporteur brought to the attention of the Government information she had received according to which, on 4 February 2005, the Supreme Court failed to protect the right of Mr. Mahir Bagirov to perform alternative service despite a provision in the constitution guaranteeing this right for those unable to serve in the army on grounds of conscience. Mr. Bagirov is a Jehovah's Witness on whose behalf a communication was sent on 27 October 2004 (See E/CN.4/2005/61/Add.1 at par. 18). The court reportedly argued that the lack of a law on alternative service meant that this right did not exist. Fears had been expressed that Mr. Bagirov would soon be arrested by the military police and brought to a military barracks where, as an alleged deserter, he could be at risk of being subjected to brutal treatment. Concerns had been expressed that Azerbaijan's army was not yet ready to allow young men to do alternative service.

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Response from the Government dated 25 March 2005

15. The Government indicated that Mr. Mahir Baghirov filed a complaint with the Khatai District Court concerning the actions of the military official. He requested to consider call-up paper No. 1328 dated 27 May 2004 illegal and proposed to adopt a resolution to acknowledge his right to change military service to alternative service. This resolution would serve as a precedence since Mr. Baghirov had been called up according to the decision of the recruitment commission of the Khatai District Military Commissariat even though he had been the member of the religious community “Jehovah Witnesses” and was forced to serve despite his religious obligations barring any military activity.

16. Mr. Baghirov had passed the military training course of the Azerbaijan Medical University, swore to serve, and received the military rank of medical service lieutenant. He did not submit evidence that he had requested relevant bodies to relieve him of his military rank. Moreover, Mr. Baghirov received the call-up paper No. 1328 from the Khatai District Military Commissariat of the Ministry of Defence on 1 June 2004, obliging him to arrive at the military unit No. 161. The call-up paper was based on a Decree of the Minister of Defence of Azerbaijan No. 0305 date d 23 May 2004.

17. According to Article 76 of the Constitution, the defence of the native land is the duty of every citizen. The citizens must perform military service in accordance with the rules determined by the Law. If doing military service contradicts the convictions of citizens, it is possible to substitute military service for alternative service only in those cases determined by the Law. Furthermore, according to Article 2 of the Regulations for alternative service, those male citizens aged 18 to 25 who cannot do military service because of their confession must do alternative service instead in compliance with Article 9 of the Law on Armed Forces of the Republic of Azerbaijan. According to these Regulations, the only persons exempt from military service are those who have a professional relationship with the religious orders, such as priests and students in religious schools.

18. Moreover, according the same Regulations, the citizens who cannot do military service because of their confession should submit a written request to the call-up commission at least 2 months prior to the call-up for active service. Mr. Z. Baghirov was called up for military service on 27 May 2004, whereas he submitted a written request on 29 April 2004.

19. In accordance with Article 78 of the Civil Procedure Code, evidence should submitted by the concerned persons to court of first instance. Mr. Baghirov had not submitted any evidence of his cleric activities since 2002 to the first instance court. During the examination of the case in the court of appeal, Mr. Z. Baghirov and his representative could not explain the reasons why they had not submitted this evidence to the first instance court.

20. The panel of judges noticed that the head of the “Jehovah Witnesses” community, L.A. Moroz, described Mr. Z. Baghirov, in the application No. 20 dated 29 May 2004, as a member of the community and not as a cleric. Thus, the allegation that Mr. Baghirov was a cleric was neither in the application of 29 May 2004 nor that of 9 September 2004

21. Accordingly, the Court considered that there were unsubstantial grounds to prove that Mr. Baghirov was an active cleric of the “Jehovah Witnesses” community since 2002. The decision was confirmed by the Supreme Court of Azerbaijan.

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Observations

25. The Special Rapporteur is grateful for the detailed response regarding Mr. Mahir Baghirov. However, she would like to refer the Government’s attention to Article 1 of Resolution 1998/77 of the Commission on Human Rights, which draws attention to the right of everyone to have conscientious objections to military service. This right is not, and should not be, limited to clerics and students of religious schools. She encourages the Government to review its legislation on alternative service, in accordance with international standards and best practices.

26. She will address the question of conscientious objection as well as other situations raised by the above communication in the report that will be submitted further to the visit that she carried out in Azerbaijan from 26 February to 5 March 2006 at the invitation of the Government.

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Source: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G06/121/25/PDF/G0612125.pdf?…