IV 

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 


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•HCON 183 IH 

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; 


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•HCON 183 IH 

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 


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•HCON 183 IH 

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; 


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•HCON 183 IH 

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 


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•HCON 183 IH 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That— 

3 (1) Congress— 

4 (A) calls on the Government of the Repub5 lic of Azerbaijan to immediately release Farhad 

6 Aliyev and Rafiq Aliyev from detention during 

7 trial and to assure that their right to a fair and 

8 open trial before an independent and impartial 

9 tribunal established by law will be carried out; 

10 (B) calls on the Government of Azerbaijan 

11 to immediately implement visitation rights for 

12 family and medical and international legal ad13 visers for Farhad and Rafiq Aliyev, consistent 

14 with the relevant provisions of Azeri law and 

15 Article 8 of the European Convention; and 

16 (C) calls on the Government of Azerbaijan 

17 to fulfill its international obligations, including 

18 obligations relating to its membership in the 

19 Council of Europe, the Organization for Secu20 rity and Cooperation in Europe (OSCE), the 

21 Convention on Human Rights, and the Energy 

22 Charter Treaty; and 

23 (2) it is the sense of Congress that— 

24 (A) the United States Government should 

25 use all available means, including diplomatic 


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•HCON 183 IH 

1 channels, to encourage the Government of Azer2 baijan to release Farhad and Rafiq Aliyev from 

3 detention during trial; 

4 (B) the United States Government should 

5 use all available means, including diplomatic 

6 channels, to encourage the Government of Azer7 baijan to release the imprisoned journalists and 

8 aggressively identify and prosecute those indi9 viduals who beat and attack journalists; 

10 (C) the United States Government should 

11 coordinate actions with the OSCE, the Council 

12 of Europe, and other appropriate international 

13 organizations; and 

14 (D) the OSCE should continue to monitor 

15 these legal proceedings for compliance with all 

16 commitments under the Helsinki Final Act. 

Æ 


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