 (But why the general prosecutor and the court of Nasimi district say YES to torture)
It is known that I was arrested near my residential building at 12.00 o’clock on June 21 of 2012, by 6-7 thugs in a civil uniform (later it become known that these people were policemen), savagely beaten, cursed, had my national ethnicity insulted, manacled, forcefully pulled and pushed into a private car and brought to the administration for the struggle against drugs while repeatedly listening to an imitation of the rhyme "who are you, come on, go away” from the the famous YouTube video hit (maykhana ) by the driver of another private car. A false accusation was made and after being threatened and consecutively pressured for 6-7 hours I was transferred to the police of Nasimi district. My right to property was violently infringed upon by 20-25 policemen who attacked my apartment and "discovered” about 30 grams of heroin from the pocket of my suit in my bed-room in a demonstrative manner, a false accusation was made again, I was detained in the temporary pre-trial cell with no food and water at all, and finally was illegally sentenced for three months by the court of Nasimi district…
Though even I have asked the prosecutor of the Nizami district to compile materials regarding serious injuries committed to me on June 22 of 2012 I was only interrogated by the investigator on June 30 of 2012. Because there was not any action taken by the prosecutor since my two months in jail I have to appeal to the court of Nasimi district to make a decision on the infringement of my rights according to the article 3 of convention of Europe on "being subjected to torture, inhuman treatment and humiliation of dignity” .
The court process planned for 22.08.2012 at 12.00 o’clock but unknowingly the process was held in the closed basement (Banker) of the court building at 13.00 o’clock. The court said that it was done with the alleged purpose of ensuring our security. One interesting event of the court was the invitation of a government paid interpreter to do Talysh- Azerbaijani Turkish interpretation. After announcing the start of the process, the court accommodated the lawyers to speak first. The lawyer, Mr. Yalchin Imanov started with questions of why the process was held in a closed location when the was no need for it to be, the reason for unexpected leave of the hall by the judge to hold the court in one of the rooms in the basement of the court building as if ensuring safety of someone when there was no any issue of unsafety and the reason for providing an interpreter who was requested neither by the alleged offender nor by the lawyers. Since there were not any logical answers from the judge, the second lawyer, Mr. Ramiz Mamadov, following the view of the lawyer, Mr Yalchin Imanov, articulated that all these lawlessness and groundless deeds prove that the false accusation against Hilal Mamadov was intentionally ordered by high government officials. He submitted the package of documents confirming the injuries committed against me, including the appointment of initial examination in regards to my assault and battery, photos confirming torture against me, copies of my appeal to the first court and requested to file these relevant documents. The Lawyer, Mr. Ramiz Mamadov stated that the reason why the prosecutor was indifferent to the fact of torture during Hilal Mamadov’s two month imprisonment is as well related to the same intentional order.
The Prosecutor who attended the court process (Sattar Rzayev) submitted the two day decision on this issue (signed by Rustam Usubov) dated on 27.08.2012 to the court and said that this case was rejected due to lack of serious proof. While the lawyers, Mr. R Mammadov and Mr. Y. Imanov asked for the reason of why the decision was not provided to the offender and to his lawyers ,the procecutor answered: "It may not be presented to you formally but you have right to make complaint against it”. The lawyer, Mr. Ramiz Mammadov as well as the second lawyer asked for the reason of why an interpreter was provided. After 10-15 minutes discussion Emin Mehdiyev-the judge asked us to express their opinion about what was said and about the core of the complaints. The question went on as following in way of dialogue:
Hilal Mamadov (H.M):
-Mr. Judge, firstly, I have three questions
The Judge: -please:
H.M: -my first question, what dangers do you feel or assume were jeopardizing our life that made you decide to hold this case hearing in camera?
The judge: -not only for you but for the security of entire court staff /crew as well
H.M: Mr. Judge, there are two lawyers, an interpreter, a secretary, a prosecutor and me in the court. Please tell me who do want to protect and by whom, whose life among us was more under danger and that lucky person was rescued as result of your protection?
The Judge: Any case, this should be safer.
H.M: "well-done, this is really an invaluable advice”, thanks awfully, Mr. Judge!. My second question: neither I nor my lawyers required an interpreter from the authority, what was the necessity for that?
The Judge: -the first statement in your complain to the court says that you are Talysh by national-ethnicity. Therefore, we assumed that you could express your opinion more clearly and correctly in your mother tongue rather than in Azerbaijani languages. However, it is not too late to refuse the interpreter in a written form.
H.M:- Mr.judge, does it mean that you have only read that first sentence of my complaint?
The Judge: -No, why?
H.M: - but, my complaint contains only 5-6 sentences highlighting my personal information and activity and would require only 2 minutes to read it. Then, what to do it seems that you had only enough time to read that first sentence. No problem, if you read the next two sentences you would have found out that I studied at the Baku state university, the faculty of mechanic- math during 1976-81 and I was awarded with honorary diploma, in 1981-86 studied my postgraduate course in Moscow and got my scientific degree as candidate of science there, and generally, during 1981-1993 I worked at institute of mathematic of the Azerbaijan academy of sciences as senior scientific researcher. Along with my scientific activities I was engaged in socio-political activity too, led the party for equality of nations in Azerbaijan (1992-1993) , was candidate for election as deputy in national assembly (milli mejlis) in 2005, acted as human right activist and journalist till the last day of my arrest and was known as independent expert in education. My last working place (as associate professor ) was the Azerbaijan socio-political university where I was delivering lectures and seminar for the students . Mr. Judge, Surely ,you have no doubt that all my studies ; at the ten-year school (1966-1976) in Baku as well as the university study including after study after university was not in Talysh language but Azerbaijani Turkish and in Russian languages. I think you believe that the seminars and lectures delivered to university students were not in Talysh language. Certainly, it was my wish since my childhood that the Talysh language was recognized and education in schools was provided in my mother tongue. Therefore, I am not going to refuse the person with the same ethnicity of mine -the interpreter in my mother tongue to be present in this room but absolutely other way round, I am very happy about it. Finally, in the last 70 years, our government recognized the Talysh people and its language for the first time; I wish the same success to other notional minorities- Lezgins, Tats, Kurds and etc. not in the court but to be achieved outside the court. In way I would like to thank to you and to our government for such charitable initiative and request for the present of the interpreter in the camera, I may need his help. Now, here is my third question.
The Judge: -please
H.M: Mr. Judge, could you make us known at least with the final sentence of the decision (signed by Rustam Usubov) submitted to you by the prosecutor?
The Judge: (went through document to read the last page) for sure … "since the facts related to the torturing were not proved and therefore, Hilal Mammadov’s complaint is denied!”
H.M: Mr. Judge, while announcing the court session open, you have truthfully mentioned that our country joined the European human right convention and as a full and equal member of the council of Europe, by respecting to all its articles and principles we try to do it. As you know that following the requirement of European court we also endeavor to be loyal to the principle of justice. May it be a truth, we all wish the same. However, let’s just imagine for a while do we really stick to the principle of fair justice by benefiting enough from the existing values of Europe? Are we really able to deny the intentional orders given by higher official and make fair court decision. But the principle of justice only works in a free and fair society and country. Mr. Judge, do you know how the Europe as well the Baltic countries and Georgia that escaped from USSR become free and prosperous? ,let me tell you, this because ,soon or later they understood that the only way to make the citizens heartily struggle for the prosperity of their country, as well as of himself and others is to set the human right respect as a priority. And therefore see ,in those countries not only the human right respected but even the right of animals, birds and fishes are defended , and in case of any kind of tortures observed in those country they become immediately a subject to criticism by people, Torturing- the entire world is realizing that this is the most awful notion humiliating human’s dignity. Even though one can see the statement of "say no to torturing” displayed on the wall and entrance of almost every administrative buildings of enforcement bodies and ministry of Justice in our country were we able to protect citizen form this terror? When I heard from my tens of cell-mates about the terrible torture they undergone during the pre-trial period during this two month of having been in pre-trial cells I have sometime to forget about the terrible torture committed against me. Mr. Judge!, If today I- teacher and scientist who educated thousands of students and youths, savagely beaten by 6-7 police, insulted my national-ethnicity, forcefully manacled, openly planted drug in my pocket without considering my age and respect to my position in the society, in this case, can we say a word about the respect to the human rights of ordinary citizens? Mr. Judge, please trust me, first I didn’t intend to raise the issue with regards to the fact of torturing me. Because I knew that the issue related to my ordered arrest would never be treated according to the law by the enforcement bodies. But even it is hard for me, painfully I must narrate that scene. When I was transferred to the Nizami police district by the main administration for the struggle against drugs and provided explanation to the first investigator appointed for my case about this ill-intentional "narcotic play” made by the authorities against me and he noticed that I felt pain which I tried to hide but couldn’t and he suddenly asked: "Did they beat you heavily?” "Just patted me on my back and then pushed me into a car”, I answered (in a sense of humor), he continued in way of openly realizing that he was getting involved in a serious crime and said: push up your trousers’ leg , unwillingly I pushed my trousers’ leg up to my knee , He sighed out after having seen area below my knee nearly peeled off and said: raise up your shirt , I raised my shirt up and he saw scratches and the hematoma in the area under my arm and put down his pen and asked: "Where else do you feel pain in your body” ?
I said: I have headache, surely, this is because of "they patted me on my head”
The investigator said: I will send you to the hospital for examination right now”
I said: no need, anyway they will say next day that "I slipped down from the bus on my way to home”
The investigator insisted and said you must and do you know why
I said: no
He said: this not only because of you but it is good for me too. I don’t want to be punished by you every day; at least you will remember my humanist action and stop punishing me for a while. Mr.Judge, it is possible that my statement will be used against that depressed investigator as a pressure tool however, I could not stop myself from mentioning it. Like you and others, he as well realized that he was used as a tool to carry out this ordered game but he this is what he was able to do. I have to accept his insisting request and go to hospital for examination/ checkup and relevant report was prepared. And there, the doctors examined me reluctantly and noted the injuries/ bruises only in the lower part of my body and paid no attention at all to the injuries and pains in other parts of my body. They are empowered just reluctant to make note of 1-2 sentences in their journals/recording book.
Mr. Judge, I was visited in the Shuvalan pre-trial cell by the investigator from the Nizami district prosecutor’s office on 30. 06. 2012 and received an explanation from me on torturing. He also tried to convince me that there would be a legal action taken against it, I answered that, inshanllah / if Allah wills it, that can happen in our future free, democratic and legal state not now. Just 1-2 weeks before this court, I was visited by an expert doctor and staff from the prosecutor’s office , they also listened to my wishes and made 1-2 pages of notes and said , may Allah open the door for you and left.
Your honor, today when you read the two day decision dated on 27.08.2010 signed by R.Usubov and you again become sure that all I have mentioned two month ago were not just nonsense. Surely, today you will re-affirm the decision by the vice-prosecutor without taking into consideration the legal aspect of that decision. As you have also read only the first sentences of my two pages of complaint and made a generous decision- reading that I am Talysh by national ethnicity and made request to the government to provide an interpreter in Talysh language. This means that you have also made a step toward ensuring justice as it was done by first investigator for my case. Surely, you are not empowered to achieve more than this otherwise, you would have made fair and legal decision to affirm the facts of torturing. To the worst scenario, you would have been accused of abusing power and send to me, to the pre-trial cell in Kerdakhani. By the way, most of the detainees who are in the same building where I am, they are also your colleagues- investigators, prosecutors, chief police, head of department against narcotic business, head of district recruitment office, staff from ministry of justice and etc. Most of them are accused of corruption, bribery and fraud. But we don’t have judge there.
Your honor, If in the first days of my arrest I didn’t intend to really exaggerate the fact of torturing, today we have enough reason to decide for publicizing it: I would like to do it for myself and my children but also for those in this camera; You, the prosecutor, lawyers, your secretary, the interpreter, personnel from the ministry of Justice, those outside of this camera and for the future of our children. I don’t want you to be subject to moral torture for you children too as today did -my 80 years old father- professor Alif Mammadov and my other relatives who morally suffer from witnessing the torturing committed against me since morning. Believe me that I don’t wish it to the children of those who even ordered my arrest. Upon my God, torturing is such a terrible factor that humiliate human dignity of which most people cannot withstand it ,they are physically and spiritually destroyed and as result they are afraid of protecting their basic rights in future. It is not possible to build a free or prosperous society or state with people who are afraid of protecting their rights!!!. Mr. Judge, and therefore, please think of it, even though it very hard but I have to tell you the truth and even it is a little, at least I have done some of my moral responsibility undertaken before the God in future. I have fulfilled my conscientious duty. I apologize for taking your time.
Having had to listen to my 10-15 minutes speech conscientiously the Judge took a deep breath after my last words and announced a break. While using the opportunity to say a few words to my lawyers I suddenly saw the waving hand of my relatives and other heroes (Tazakhan Miraliyev and others) who came to support me looking down through the barred windows of the bunker. I also tried to say hello with my hand from the iron cage but suddenly, the officer of the ministry of justice forcefully pulled away from the camera. Now I understood why the court was held in the bunker and who those "aggressors” were… As there was a protest in front of the building of Nasimi district court with a demand of allowing for open court related to the court held on 29.08.2012 which was discussed and decided in the meeting of 28.08.2012 held in the headquarter of the Musvat party for the occasion of my protection and birthday. Most probably, the authority got scared of these "aggressors” and decided to ensure my safety through "a court in bunker”
Any way … after a 3 minute deliberation. There was only me and my scared Judge when the Judge came back to the hall. He motioned to me that he knew and believed that I am a good mathematician now during the deliberation and when he started to read the verdict I stopped him. Mr. Judge let’s say good bye to each other with these good notes, surely I will be provided with the verdict in 1-2 days in Kurdakhani pre-trial cell.
After having felt that he moved a heavy burden from his shoulder and, the judge got up suddenly and left the hall in manner of being admired to my words.
For a while me and the officers from the ministry of justice went silent. "I have missed a few words to say to him”, I said. The officers said: what would like to say? , nothing, just a couple from the poem by Nazimi.
If a finger of religious man is cut he will deny the justice
Surely, if this real lover is fully skinned he will surely feel a pain
Hilal Mammadov
Candidate of mathematic and physic sciences, professor,
human right activist,
editor-in- chief of Tolyshi Sado newspaper
Kurdakhani, Baki, 29.08.2012
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