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 impar-
tial tribunal will be carried out, and to comply with 
all its international human rights agreements and com-
mitments respecting the rule of law, and for other pur-
poses. 
Whereas, on October 19, 2005, the former Minister of Eco-
nomic Development of Azerbaijan, Farhad Aliyev, known 
as a leading advocate of pro-market reforms, was ar-
rested during Azerbaijan’s parliamentary campaign for 
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•HCON 183 IH 
allegedly planning a coup d’etat, and he has been de-
tained 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 fail-
ing 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 pe-
riod permitted by Azeri law and the indictment con-
taining the charges for which they are now facing trial 
was not presented until March 1, 2007, and does not in-
clude the charges relating to the alleged coup, which have 
been separated and remain untried for an indefinite pe-
riod of time; 
Whereas the Aliyevs have been denied sufficient time and re-
sources to review evidence and prepare adequately for 
trial, nor have they been permitted to see their inter-
national legal representatives; 
Whereas Farhad Aliyev has been denied a medical examina-
tion by doctors of his own choice, despite the clear rec-
ommendation of the Council of Europe (Council Resolu-
tion 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 ac-
cusations against them, claiming that the charges are 
based on false evidence and are politically motivated; 
Whereas, after the commencement of pre-trial and trial pro-
ceedings in May 2007, international trial observers, in-
cluding representatives of the United States and British 
Embassies, the press, international organizations, non-
governmental organizations, and their British lawyer rep-
resenting 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 be-
half of Farhad and Rafiq, respectively, alleging violations 
of rights guaranteed under the European Convention on 
Human Rights, including violations of the right to lib-
erty, unlawful and arbitrary pre-trial detention, poor con-
ditions of detention, the absence of a fair trial, the arbi-
trary 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 pro-
visions of Azerbaijan’s Criminal Procedure Code and Ar-
ticle 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 re-
lease 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 Orga-
nization 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 Azer-
baijan generally did not observe these prohibitions in 
practice, and official impunity remained a problem, spe-
cifically citing the cases of the Farhad Aliyev and Rafiq 
Aliyev in this regard; 
Whereas Amnesty International’s 2007 Human Rights Re-
port stated that Farhad Aliyev and Rafiq Aliyev were de-
nied 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 ar-
rested journalists among all the 56 OSCE Member 
States; 
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•HCON 183 IH 
Whereas at present seven journalists are imprisoned in Azer-
baijan, and over 20 journalists have openly asked for po-
litical 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 re-
ceive 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 
Resolved by the House of Representatives (the Senate 
concurring), That— 
(1) Congress— 
(A) calls on the Government of the Repub-
lic of Azerbaijan to immediately release Farhad 
Aliyev and Rafiq Aliyev from detention during 
trial and to assure that their right to a fair and 
open trial before an independent and impartial 
tribunal established by law will be carried out; 
(B) calls on the Government of Azerbaijan 
to immediately implement visitation rights for 
family and medical and international legal ad-
visers for Farhad and Rafiq Aliyev, consistent 
with the relevant provisions of Azeri law and 
Article 8 of the European Convention; and 
(C) calls on the Government of Azerbaijan 
to fulfill its international obligations, including 
obligations relating to its membership in the 
Council of Europe, the Organization for Secu-
rity and Cooperation in Europe (OSCE), the 
Convention on Human Rights, and the Energy 
Charter Treaty; and 
(2) it is the sense of Congress that— 
(A) the United States Government should 
use all available means, including diplomatic 
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