Print this pageFor Immediate Release
August 2, 2010
Azerbaijan fails to comply with European standard for conscientious objectors
BAKU, Azerbaijan—Although ready and willing to perform alternative civilian service that is not under military control, 22-year-old Farid Mammadov was convicted of evasion of military service by the Nisami District Court. On July 16, 2010, the Court sentenced Mammadov to nine months’ imprisonment under Article 321.1 of the Criminal Code, even though he had the lawful ground to refuse on account of his conscientious objection to bearing weapons and joining the military.
The Constitution of the Azerbaijan Republic clearly makes this provision in Article 76.2: “If the beliefs of citizens conflict with actual military service, then, in cases provided by law, it is allowed that actual military service shall be replaced with alternative service.” In addition, in paragraph 14 of Report No. 222, dated June 28, 2000, the Parliamentary Assembly of the Council of Europe cites a letter from the President of the Azerbaijan Republic, the Speaker of the parliament, and other leading national officials, in which Azerbaijan imposes upon itself the responsibility to bring into force within two years an alternative civilian service law compliant with European standards, and in the meantime not to imprison conscientious objectors. Now ten years later, and despite repeated admonitions from the Council of Europe to enact legislation that would allow conscientious objectors to exercise their right to alternative service under the Constitution and international human rights laws, the Azerbaijan Republic has failed to do so. Unfortunately, Azerbaijan continues to ignore its commitment to comply with “European standards.”
Although disappointed with the trial court’s verdict, Farid Mammadov maintains a positive outlook. He said: “I still have hope the higher courts in Azerbaijan will recognize my religious beliefs and agree that my request for alternative service is a reasonable one. I am not a criminal.” Interestingly, the trial court stated in its ruling that the prison sentence will not be enforced until the verdict is “brought to execution,” which means Farid Mammadov remains free while he prepares for the Baku Court of Appeal. The Azerbaijan Republic will thus have another opportunity to honor its legal commitment to the Council of Europe and pardon Farid Mammadov until such time as genuine alternative civilian service is enacted. Time will tell whether the country is willing to seize the opportunity.
Contact Information:
In Belgium: European Association of Jehovah’s Christian Witnesses
Telephone: +32 2 782 0015
In Britain: European Association of Jehovah’s Christian Witnesses
Telephone: +44 208 906 2211
In the United States: J. R. Brown, Office of Public Information
Telephone: +1 718 560 5600
Gregory Allen, Associate General Counsel,
Telephone: +1 845 306 0711