No.: 431/2007

Date: 1 Jan. 2007

The Problem of Southern Azerbaijan

The Office of High Commissioner for Human Rights, Geneva,

         Please circulate this Communication to the Working Group on Arbitrary Detention, also this is also of relevance to:

·   Special Rapporteur on the independence of judges and lawyers

·   Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

·   The Independent Expert on Minority Issues

CC    Mrs. Harrison, Amnesty International, London

 

Mr. Okhtay (Mehdi) Babai

Dear sir/madam,

Re       UPDATE No. 1: COMMUNICATION ON MR. OKHTAY (MEHDI) BABAI

Please find enclosed Communication for safeguarding human rights of Mr. Okhtay BABAI Ejebshir (Mehdi Babaei Ajabshir), a Southern Azerbaijani activist imprisoned by Iranian authorities. He is considered as a prisoner of conscience by Amnesty International (MDE 13/093/2006 on 17 August 2006). The Communication is a compilation of the latest information available on Mr. Babai as follows:

Table 1:          The Communication form based on Model questionnaire

Table 2: The log of our correspondence regarding this case

Table 3:          The translation of the sentence passed to Mr. Babai together with the source document

Table 4:          The translation of Mr. Babai’s letter which was written from Tebriz Prison and published recently in Southern Azerbaijani websites

Table 5: A chronology of the main events since the detention of Mr. Babai

We would like to stress that this Communication is submitted on our own initiative and for this we have not consulted at all with Mr. Babai and his family. We believe that he was denied of the right of access to a lawyer and naturally we have contacted no lawyer in relation to this Communication.

All facts have been transferred to the Questionnaire. We hope that you will find the imputed charges to be outrageous and the whole case to be blatantly arbitrary. We would like to focus on the Sentence (Table 3), which contains the following passage: he has been “under detention since 11 July 2006 for not having a guarantor.” We believe the Judge has been extremely disingenuous in dubbing this passage to the sentence, given the fact that Mr. Babai was not allowed a lawyer, and the trial was in a closed session. Additionally, the passage is in conflict with the appropriate information given in Mr. Babai’s letter from prison (Table 4) and his wife’s letter to her M.P. When his wife wrote to her M.P., she was not even aware that her husband was going to be imminently tried.

Mr. Babai is upset when an Iranian official refers to Southern Azerbaijani activists as villains or felons and challenges him. We are confident that your mandates are the only mechanism to facilitate this challenge. His defence rests before you. Thank you in advance for your care.

Yours sincerely,

Boyuk Resuloglu

For and on behalf of

The Committee for the Defence of the Rights of World Azerbaijanis
 

Table 1           The COMMUNICATION CASE OF MR. Mehdi Babai

Human Rights

United Nations

Office of the High Commissioner for Human Rights 

OHCHR

Working Group on Arbitrary Detention
"No one shall be subjected to arbitrary arrest, detention or exile."
(Article 9, the Universal Declaration of Human Rights)

VII. Model questionnaire to be completed by persons alleging arbitrary arrest or detention

I. Identity of the person arrested or detained

1.     Family name:                      Babai Ejebshir (the Farsi transcription of the name could be Babaei Ajabshir) ........................................................

2.     First name:                           Mehdi (known as Okhtay) ......................................................

3.     Sex:                                      Male            ......................................................................

4.     Birth date or age (at the time of detention):

                                                    32 years old

5.     Nationality/Nationalities: Southern Azerbaijani national; a citizen of the Islamic Republic of Iran

6.       (a) Identity document (if any): birth certificate No. 814.....................................

(b) Issued by:                 No direct knowledge on this but either issued in Tebriz or Ejebshir.

(c) On (date):                   The data not available          ................................................

(d) No.:                           814 (this information is given in the sentence issued by the authority

7.     Profession and/or activity (if believed to be relevant to the arrest/detention):

                                                   Not relevant ........................................

8.    Address of usual residence:

                                                   As specified in the sentence issued by the Iranian authorities: El Golu, Ferdovs District, Khiyaban 6 (6th Street), House Number 288, Tebriz, Southern Azerbaijan, Northwest Iran.

II. Arrest

1.    Date of arrest:                     11 July 2006

2.    Place of arrest:                    According to Amnesty International (A.I.) MDE 13/093/2006 on 17 August 2006: The arrest took place in the streets but the victim’s family only learned through eyewitness accounts.

                                                   It is also relevant to add that the arrest was planned to take place on 28 June at his house, the account is described by A.I. as follows:

                                                   “On 28 June, at 10.30pm, around sixteen police officers from the Ministry of Intelligence (Etelaat) entered Mehdi Babai Ejebshirs house in order to arrest him. He was not present at the time. The police searched the house until 12.30am before arresting Mehdi Babai Ejebshir’s brother Eli. The police confiscated Turkic-language books, CDs, family’s computer, a poster, and family photograph albums. They allegedly threatened members of his family that when they caught Mehdi Babai Ejebshir he would be tortured, or even shot. That night, the Ministry of Intelligence police made repeated telephone calls to the family's house, demanding that they reveal the whereabouts of Mehdi Babai Ejebshir.” [Note: the names are brought to Azerbaijani Turkic transcription style to maintain consistency of our text]  

3.    Forces who carried out the arrest or are believed to have carried it out:

                                                   A.I.: Ministry of Intelligence Officials. This is normally the case.

 

4.    Did they show a warrant or other decision by a public authority?

(No) The eyewitness account is not specific on this, however, showing a warrant is highly unusual and basically Iranian security agents can get away by arresting or abducting Southern Azerbaijani activists, as they wish. In one case, a judge makes this point.  ..........

5.    Authority who issued the warrant or decision:

                                                   Undoubtedly, the Ministry of Intelligence is the culprit even without issuing any warrant. .....................................................................

6.    Relevant legislation applied (if known):

Normally this data is non-existent as the acts of arrest or abduction is arbitrary.        ..............................................

 

III. Detention

1.    Date of detention:               There is no specific information on the date of detention. However, it appears from the Sentence, translation of which is given in Table 3, the detention was at the same date as he was arrested, i.e. 11 July 2006. It is important to bear in mind that, the victim’s family did not know on the whereabouts of the victim for 10 days until 21 July, until he called from the detention facility. ........................................

2.    Duration of detention (if not known, probable duration):

                                                   There are no dates imputed by the authorities both on the date of detention and his transfer to the prison.  We know that on his 50th day he was still suffering indefinite detention. However, it is likely that the victim was tried on 3rd of September 2006 (55 days since the detention) and his sentence appeared in the Internet on 22 September 2006 (74 days since the detention).

3.   Forces holding the detainee under custody:

                                                   The victim was held by the Ministry of Intelligence officials. However, there was no specific information released by the officials as who was holding him in the custody, i.e. the Ministry of Information, the Internal Ministry or the Ministry of Justice. However, there is often collusion between them.  ............

 

4.    Places of detention (indicate any transfer and present place of detention): A.I.: “He is detained incommunicado at an undisclosed location, believed to be either Tebriz prison or a Ministry of Intelligence detention facility in Tebriz, northwestern Iran, where he is at risk of torture.” [Note: the names are brought to Azerbaijani Turkic transcription style to maintain consistency of our text]. A report in Baybek (http://www.baybak.com/Baybak/?p=2098) states he was transferred to the prison on his 10th day of detention. According to a report in Webblog (http://oxtaybabayi.blogfa.com/post-5.aspx) the victim was in Tebriz Prison, the Wing for thieves and fraudsters.   

5.    Authorities that ordered the detention: As in III.3 .....................................................

6.    Reasons for the detention imputed by the authorities:

                                                   There is no official information released, this was a proof in itself that the arrest, remanding in custody and detention were all arbitrary acts. However, with the benefit of the sentence issued, given in Table 3, the imputed reasons, all arbitrary, are as follows (the text is taken from the published Sentence but changed the style of presentation):

1.      Accused of being a member in band organisations intending to undermine national security;

2.      After reading Turkic books and journals developed interest in ethnic minority movements;

3.      Joined Turkic education classes, during his education in Islamic Open University (Tebriz branch);

4.      Participated in Babek Castle Ceremonies during the years 2002 and 2003:

5.      Shows sympathy to ethnic minorities, include his participation in the funeral of Mehemmed-Eli Ferzane at the Open University in 2005.

6.      A greater connections to the Association for Students’ Union of Aspiration (Translator’s Note: often referred to as “Arman” meaning Aspiration);

7.      Travelled to Sulduz with the intention of voting for those candidates who were in favour of the ethnic minority rights during the election period of 7th parliamentary election.

8.      Together with his wife, participated in May 2006 protests, following the publication of the offensive material in the daily Newspaper Iran;

9.      Planned with his fellows in Urmu to participate in the Babek Assembly;

10.  Several times he has sent emails to the GAMOH website, although objecting to their idea of an independent flag; and

11.  Visited other websites of other active groups and forwarded their articles to his friends.

7.         Relevant legislation applied (if known):

Article 499 of Islamic Penal Code. This hindsight information is taken from the published Sentence, as given in Table 3......

8.         Subsequent trial and the relevant procedures (if known) [this was not in the standard form but we added it ourselves]:

The victim was tried in the seemingly a kangaroo court possibly on 3 September 2006 and arrived at the arguably premeditated sentence of 6 months of punitive imprisonment. The news of the sentence was published on 22 September, undoubtedly to serve as a deterrent to the then planned campaign of the reinstatement of the official status of the mother tongue of Southern Azerbaijanis. His right of access to his family has been obstructed and to the best of our knowledge, his right of access to a lawyer (let alone a lawyer of his own choice) was denied to him. The imputed charges are not recognisable charges in international courts of law and Amnesty International has been consistently making this very point. The trial was conducted in a closed session. All the evidence shows that the kangaroo court was to arrive at a premeditated Sentence and in a complete contempt of the mandates entrusted on the OHCHR to the world community.

The victim has not been allowed any furlough leave as the prison authorities normally allow all the prisoners including criminals. Yet the victim was denied of this facility. Also, the victim was reportedly 

IV.    Describe the circumstances of the arrest and/or the detention and indicate precise reasons why you consider the arrest or detention to be arbitrary

The Islamic Republic of Iran is simply waging racist policies and highly intolerant of the national movement of Southern Azerbaijan. We would like to quote three items of information as issued by Amnesty International to support our statement:

A.I. MDE 13/074/2006   on 29 June 2006: Mass demonstrations broke out in towns and cities in north-west Iran following the publication on 12 May 2006 of a cartoon in the state-owned daily newspaper, Iran, which offended many in the Azerbaijani Turkic community.  The government suspended publication of the newspaper on 23 May and both the editor-in-chief and cartoonist were arrested.  Protests began on a small scale mainly among Azerbaijani Turkic students in universities in Tehran and Tebriz, but rapidly to Azerbaijani Turkic areas. A huge demonstration took place in Tebriz on 22 May and further demonstrations were held in other places in the following days. Most of these protests were peaceful, but some ended with attacks on government buildings and cars. Some Iranian Azerbaijani Turkic sources have claimed these attacks were instigated by government agents.  The Iranian government has accused the United States (US) and other outside forces of stirring up the unrest. The US government has denied this.

The victim was arbitrarily arrested in relation to the annual event of the Babek Assembly. The background information is given by A.I. MDE 13/074/2006 on 29 June 2006: Amnesty International is calling on the Iranian authorities to respect international human rights standards in relation to the policing of the Babek Castle gathering and ensure that those responsible for law enforcement conform at all times with standards such as the United Nations Code of Conduct for Law Enforcement Officials release all prisoners of conscience immediately and unconditionally.  Other detainees should be released unless they are to be charged with a recognizably criminal offence and brought to trial promptly and fairly grant all detainees prompt and regular access to lawyers of their own choosing and their families and to appropriate medical care if necessary investigate all allegations of torture or ill-treatment promptly and thoroughly. The methods and findings of any such investigation should be made public. Anyone implicated in human rights violations should be brought to justice promptly and fairly and victims of torture and ill-treatment should be granted compensation ensure that any trials respect, as a minimum standard, the relevant provisions of the International Covenant on Civil and Political Rights investigate all possible unlawful killings or extra-judicial executions promptly and fairly in accordance with the UN Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions, and bring to justice, fairly and promptly, any members of the security forces responsible for unlawful killings or other grave violations of human rights.

The issue of the reinstatement of the official status of the mother tongue of Southern Azerbaijanis is to the heart of the Babai family. His wife pointed out this in her letter to her M.P. in 50th day of the victim’s indefinite detention in the following terms: ”Is it a crime to campaign to educate our children in our mother tongue, Turkic Azerbaijani? If it is, why do the authorities avoid trying my husband? And to whom should I refer regarding my sufferings? I keep receiving threatening calls from security agents now and then ordering me not to talk to anyone. Else, I would be arrested. A.I. MDE 13/108/2006   on 25 September 2006: Iranian Azerbaijanis, who live mainly in the north-west of Iran, and who speak Azerbaijani Turkic, have over the past 15 years or so been demanding that the Iranian authorities respect their right to be educated in the medium of their own language. Article 15 of the Iranian Constitution permits “the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools… in addition to Persian”.

Under international law, persons belonging to minorities have the right to use their own language, in private and in public, freely and without interference or any form of discrimination. States cannot deny the right to use one’s own language.

While the state provides education in the state’s official language(s) for the majority population, members of minorities have a right to establish and maintain schools where education is provided in their own language, provided that they conform with the minimum educational standards laid down by the state. Parents have a prior right to choose the kind of education that shall be given to their children. This includes the right to choose for their children institutions other than those established and maintained by the public authorities.

The victim has written a letter from prison and deliberately avoided the details of his ordeal since the detention. In stead he resorted to an analytical overview of some of vital current issue and posed the following questions from the head of the office of the Ministry of Justice, in Tebriz Mr. Aghazade (see Table 4):

So I ask Mr. Aghazade that: have the unrest in Iran been generated by the pro-Turkic activists? Is it not that your policies that pick on impoverished nation of (Southern) Azerbaijan, our unemployed youth who undergo discrimination by seeking employment in Persian deserts as a pretext to obliterate the culture of the Turks, their thought faculties, historic roots and national unity; as well as denying the human rights of this oppressed nation? Also acknowledging the ongoing the repressions over the Turkic journals and publications and shutting down Azerbaijani music schools, his other question is: how these repressive policies affect the development of the culture of the nation of this ancient Azerbaijan?

 

The victim is proud of being a law-abiding individual and naturally is upset when the Judge issues a general statement calling Southern Azerbaijani activists villains or felons.

“My last word is the prime order of my life based on the rule of law and to date within the 32 years of my life I have not even committed a minor crime, to the extent I only cross the road when the traffic light is green (a law that is yet to prevail in Iran). In your world (i.e. the world of the Judge, Mr. Aghazade.) of flouted laws, who am I with my principled approach to insist on the rule of law! However, your own code to regard the law abiding individuals as villains or felons is vague. I challenge you to specify why you call us villains or felons.”

 

We are confident that his challenge will not be met by the Iranian authorities other than by increasing the scale and magnitude of their arbitrary acts. The OHCHR is the only remaining authority to spell out the human rights of the victim and pronounce loud and clear that the imputed charges are not acceptable to the world community endowed with the Universal Declaration of Human Rights.

V.     Indicate internal steps, including domestic remedies, taken especially with the legal and administrative authorities, particularly for the purpose of establishing the detention and, as appropriate, their results or the reasons why such steps or remedies were ineffective or why they were not taken

As far as we know Iranian authorities are unique in obstructing any flow of information in relation to their arbitrary acts against Southern Azerbaijani activists. Mr. Babai’s family members have explored all the domestic avenues but to no avail. For instance, the victim’s wife has written to his M.P. but as far as we know there was no response.


  VI.     Full name and address of the person(s) submitting the information (telephone and fax number, if possible) (d)

Mr. Boyuk Resuloglu

On behalf of:

The Committee for the Defence of the Rights of World Azerbaijanis

Address:

Ayna, Sherifzade 1, Baki, Azerbaijan; Tel/Fax +47-99399225; Email: Boyuk_Resuloglu@hotmail.com or  bo-diza@online.no

Date: 2 January 2007 ................................                      Signature:
 
This questionnaire should be addressed to the Working Group on Arbitrary Detention, OHCHR-UNOG, 1211 Geneva 10, Switzerland, fax No. (41-22) 917.90.06.
 


© The Office of the High Commissioner
for Human Rights
Geneva, Switzerland Send e-mail with comments and suggestions to:
webadmin.hchr@unog.ch
 


OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
Telephone Number (41-22) 917-9000

 

Table 2 – Source Documents and a Log DunAzHAK of Communications on Mr. Babai

Cursory Mentioning of Mr. Babai in our previous campaigns

Ref: 382/2006 on 17 Semtember 2006;

Ref: 367/2006 on 22 August; and

Ref: 41x/2006 on 15 December 2006

Person-specific Communications to OHCHR or Amnesty International

Ref: 375/2006 on 5 September 2006 submitted as a Communication (inappropriately called a Complaint). This is also very relevant, as it translates a letter by Mr. Babai’s wife to her Member of Parliament.

 Amnesty International’s Urgent Action on Mr. Babai: MDE 13/093/2006 on 17 August 2006


 

Table 3 – Translation of the Sentence passed on Mr. Babai

 

Right hand side: Emblem of the Ministry of Justice of the Islamic Republic of Iran

The caption reads: the Ministry of Justice of the Islamic Republic of Iran

Middle header: An Arabic caption

Left hand side of the header: Sentence of the Court: (Blank – Translator)

File No:                       756/85/1

Case No:                     1052 verdicts/85/6/9

Prosecutor:                 Branch 1, the Revolutionary Islamic Court, Tebriz

Defendant:                 Mr Mehdi Babai Ejebshir, son of Mehemmed-Sadiq, resident of El Golu, Kuy-e-Ferdovs, Khiyaban 6, Number 288, Tebriz.

Accusation:                Membership in banned organisations intending to undermine National security

General procedure:   After receiving the dossier, registering it under the above Reference No., and the performance of legal procedures the court has announced the end of the trial and the sentence has been issued as follows:

The sentence:

The attached dossier No: 85/1-756 is concerned with the case of Mr Mehdi Babai-Ejebshir, known as Okhtay, son of Mehemmed-Sadiq, born in 1975, Birth Certificate No. 814, educated, resident of the above address, affiliated to the Shiite Moslem religion, and a citizen of the Islamic Republic of Iran. He is married with no previous convictions and under detention since 11 July 2006 for not having a guarantor. He is accused of being a member in band organisations which are intended to undermine national security. It must be clarified that the accused after reading Turkic books and journals has developed interest in ethnic minority movements.

During his education in Islamic Open University (Tebriz branch) he joined Turkic education classes; also during the years 2002 and 2003 he participated in Babek Castle Ceremonies. His other activities in conjunction with showing sympathy to ethnic minorities, include his participation in the funeral of Mehemmed-Eli Ferzane at the Open University in 2005. His greatest connections are related to the Association for Students’ Union (Translator’s Note: often referred to as “Arman” meaning Aspiration), and he was in close contacts with those who have already been arrested and after their trials they have been convicted with suspended imprisonment terms. On an occasion, the accused together with other acquaintances during the election period of 7th parliamentary election travelled to Naqade (Sulduz – Translator) with the intention of voting for those candidates who were in favour of the ethnic minority rights. Furthermore, following the publication of the offensive material in the daily Newspaper Iran, which took place in May 2006, together with his wife he participated in the relevant marches. He is in contact with other ethnic activities including the ones based in Urmia with whom he planned to participate in Babek Castle Ceremonies. Several times he has sent emails to the GAMOH website and according to his confessions, he has objected to their idea of an independent flag. He has also visited other websites of other active groups and forwarded their articles to his friends.

After considering the above matters, the initial report and as a result of the investigations of the honourable Provincial Office and the confessions of the accused to the accusations as well as the lack of a reasonable defence and by considering the defence presented by the honourable Public Prosecutor, the accused has been found guilty as charged.

Therefore, in accordance with Article 499 of Islamic Penal Code, the accused is hereby sentenced to six month imprisonment with considering the period he has spent in detention prior to the hearing.

This sentence was issued in person and an appeal may be considered within 20 days of its date of issue.

Head of the First Department of  Revolutionary Islamic Court of Tebriz

Ali Ali-Akbary

 

Table 4:     Translation of Mr. Okhtay (Mehdi) Babai’s Letter from Tebriz Prison

Source: http://oxtaybabayi.blogfa.com/post-7.aspx

Honourable nation of Azerbaijan,

My family and I wish to express our gratitude to every single one of our well-wishers and the activists of the national movement of (Southern) Azerbaijan for their support since I have been arrested and detained. Equally, I should express my respect to maestro Demirchi, who has devoted his life for the protection of the culture and the music of this oppressed nation, as well as his gallantry in his resistance against the ongoing repressions by adding his weight to the movement and ensuring a steadfast consolidation of the movement.

I would have wanted to address you by opening up the ordeal I experienced including: the manner of the raid of the agent of the Ministry of Intelligence to our house midnight; the solitary confinement run by the Ministry of Information where I was kept after being arrested until transferred to the central prison; the threats and trauma posed to my parents; summoning of my younger brother for interrogations in the Ministry of Intelligence; direct threatening of my father in-law in his office in two occasions that why he consented for the marriage of his daughter with such a person!!! I hope you are more or less in the picture but there are a whole range of issues and therefore I resort to silence since I cannot expose them for the fear of more reprisals.

However, just recently the statement of Najaf Aghazade, the head of the Ministry of Justice, East Azerbaijan, was published in the press as follows:

“Poverty, youth unemployment and impoverished culture of suburbia are some of the causing factors contributing to crises and social tensions but a number of opportunists are escalating these through pan-Turkism and promoting their ethnicity. In this way, they create social problems.” (The Daily newspaper: Mehd-e-Azadi, No.: 4705, 21 November 2006, Page 1).

According to his statement: “from now on, we will keep monitoring the ringleaders and all those unworthy individuals and adventurers promoting ethnicity by tagging them. As a result of these confrontational measures, the mass and the society may live in full security and peace.”

The behaviour of the agents of the Ministry of Information with us while in detention provided us the food for thought that they regards us far more dangerous than any criminal, assailants and fraudsters. For instance, the so called villains and felons in Tebriz Prison are released on furlough, and this was normally for a month during the month of Ramadan, but we are deprived of such releases for a variety of reasons. For instance Maestro Demirchi was not released for as meagre as one hour to visit his lifelong friend maestro Shatiriyan in his deathbed. This cruelty was extended by not allowing him to attend the funeral proceedings even accompanied by the agents of the State.

 Whilst I invite you, my dearest ones, to read the sentence passed to me, you will see a range of legitimate activities and events have been placed as charges against me. I acknowledge that our region also suffers from poverty, Azerbaijani youth are massively unemployed and our culture has been impoverished over the years. So I ask Mr. Aghazade that: have these contributing causes been generated by the pro-Turkic activists? Is it not that your policies that pick on impoverished nation of (Southern) Azerbaijan, our unemployed youth who undergo discrimination by seeking employment in Persian deserts as a pretext to obliterate the culture of the Turks, their thought faculties, historic roots and national unity; as well as denying the human rights of this oppressed nation?

I also acknowledge the ongoing the repressions over the Turkic journals and publications and shutting down Azerbaijani music schools. So my other question is this: how these repressive policies affect the development of the culture of the nation of this ancient Azerbaijan?

My last word is the prime order of my life, which is to uphold the rule of law and to date within the 32 years of my life I have not even committed a minor crime, to the extent I only cross the road when the traffic light is green (a law that is yet to prevail in Iran). [Translator’s Note: The following final sentence in the original document is sarcastic in tone and clear in meaning but it is transformed into a direct statement for a clear meaning in English.] In your world of flouted laws, who am I with my principled approach to insist on the rule of law! However, your own code to regard the law abiding individuals as villains or felons is vague. I challenge you to specify why you call us villains or felons.

Tebriz Prison, Mehdi Babai (Okhtay)

The Source Document published widely including: http://oxtaybabayi.blogfa.com/post-7.aspx

اوختای تبریز دوستاغیندان بیر مکتوب گوندردی

آذربایجانین شرفلی اولوسو


هر سؤزدن اؤنجه یئری وار اؤزومون و عایلهمی سوْنسوز سایقیلاریمی تکبهتک دوْستلارا و آذربایجانچیلیق حرکتینین چالیْشانلارینا یئتیرهم، کی بو اؤیونمهلی، یاخالانما گۆنلرینده بیزی اؤز یاخشیلیقلارییلا اوتاندیردیلار و ائلهجهده گرهکلیدیر سالامیمی و سایقیمی اوستاد دمیرچی بَیه سونام کی بو مظلوم اولوسون کۆلتورونون و موسیقیسینین یۆکسلیشی یوْلوندا عؤمورلرین قوْیوبلار، قوْچاچ بیر کیشی کی اؤز دیرهنیش و دایانیشلاری، متین و سانباللی داورانیْشلارییلا ایگیدلر یوردو آذربایجانین اؤیونجلرینه آیریدان بیر قیْزیل صایفا آرتیردیلار.

ایطّیلاعات باخانلیغینین اینفیرادی توتوق ائولریندن تبریزین مرکزی دوستاغینا گتیریلدیکده ایستردیم کؤنلومده قالانمیش دردلریمدن سیزینله دانیشام؛ ایطّیلاعات مأمورلارینین گئجه ایکن ائویمیزه یۆروشلرینین نئجهلیییندن و آتا-آنامی، تئزلیکله منی اوْنلارا بوراخمالارینا هدهلهمهلریندن، کیچیک قارداشیمین ایطّیلاعاتدا سوْرغولانماغا چاغریلماسیندان و عایلهمه قوْرخولو و سیْخینتیلی دوروم یاراتماقدان، اۆستهلیک، قایینآتامی ایکی دؤنه ایدارهلرینده گئدیب هدهلهمک کی، نَدهن قیْزینی بئله بیر آداما وئریب؟!... و اَن سوْنوندا 10 گۆندهن سوْنرا توتولماق و ایطّیلاعاتین اینفیرادی توتوق ائولرینده سایقیلی داورانیشلار!!!، کی بئله بیلیرهم هامینیز تعریفین ائشیدیبسینیز و باشقا سوْرونلار کی بیر سیْرا مصلحتلره گؤره بو تصمیمدن واز گئچیب سوسدوم.

آما سوْن گۆنلرده دوغو آذربایجان عدلیّهسینین باشچیسی، نجف آغازادهنین سؤزلری مطبوعاتدا بئله یازیلدی:"فقر، بیکاری جوانان و فرهنگ پایین در برخی مناطق حاشیهنشین شهرها از عوامل بحرانزا شمرده شده که عدهای فرصتطلب تحت عنوان پان تۆرکیسم و قومیّتگرا به آن دامن زده و مشکلات اجتماعی ایجاد میکنند."(مهد آزادی گۆنده لییی، 4705-جی سای، 30.آبان.85، بیرینجی صایفا)

"یوْخسوللوق، گنجلرین ایشسیزلییی و کۆلتورون آشاغیلیغی شهرلرین بیر سیرا قیْراق بؤلگهلرینده یاشایانلارین گرگینلیک یارادان نَدهنلردن ساییْلیب، کی بیر قوروپ گیرهوهچی، تۆرکچو و قومیتچی آدیْیلا اوْنا قوْل قاناد وئریب و توْپلومسال چتینلیکلر یارادیرلار."

کی اوْنون دئدییینه گؤره: "بوندان سوْنرا یاراماز آداملار و قومیّتچی اراذیل- اوْباشلار ایله اوْنلارین باشچیلاری کیملیک وئرمکله گؤز آلتینا آلیْناجاقلار، ائلهکی، اوْنلار ایله قارشیلاشماقلا کۆتله و توْپلوم تام گۆوهنلیک و دینجلیکده یاشاسینلار."

ایطّیلاعات ایله دوستاغدا بیزیمله اوْلان داورانیشلار تام بونو دۆشوندوردو کی بیزلر هر جۆره جینایتچیدن، سالدیرقاندان و فیْریلداقچیدان تهلۆکهلیییک، نییه کی تبریز دوستاغیندا اۆستهلیک، سؤیلهنیلن اراذیل - اوْباشلاریندا نئچه گۆنلوک و اوْروجلوقدا بیر آیلیق بوراخیلیردیلار، آما بیز هر آد آلتیندا بوراخیلمادان یوْخسونوق اؤرنک اۆچون اوستاد دمیرچی بَیلرین ایستکلی دوْستو اوستاد شاطیریانین سایریْلیق یاتاغیندا اوْلدوغو چاغدا ساعاتلیق بوراخمادیلار، اوْنودا مأمورلارلا، و اوْندان سوْنرا توْرپاغا تاپشیرما تؤرهنینده اوْلمالارین قوْیمادیلار.

سیز ایستکلیلری محکمه حؤکمومون اوْخوماسینا چاغیرماقلا ــــ کی بیر سیرا یاسال چالیشمالار ایله اوْلایلاری سوچ مدرکی آدیْیلا گؤستریبلر ــــ آغازاده جَنابلاریندان سوْروشورام؛ بو بؤلگهنین یوْخسول ساخلانیلماسی، آذربایجان گنجلرینین ایشسیزلییی و کۆلتورون آشاغیلیغی کی اوْنلاری گرگینلیک یارادان نَدهنلردن تانیتدیریبلار، هامان تۆرکچولرین یاراتدیقلاری چتینلیکلردیمی؟ یوْخسا آذربایجان اولوسونون یوْخسول قالیْنیلماسینی گؤرمک، آذربایجانین قئیرتلی گنجلرینین ایشسیزلییی، ایرانین چئشیدلی بؤلگهلری آراسیندا آلچاقلیقلا آیری سئچگیلیک و هامیدان اؤنملی؛ آشاغی ساخلاماق یوْخ، بلکه تۆرکلرین کۆلتورلری، دۆشونجهلری و تاریخ کؤکلری میللی بیرلیک آدییلا آرادان آپاریلماسی، بو مظلوم اولوسون حاقلارین آلماقلا، تۆرکچولرین چالیْشمالارینا سوْنوجلانیبمی؟


آیری بیر سوْرغو بو کی، تۆرک گۆندهلیک و درگیلرینین باغلانماسی و آذربایجانین موسیقی اوْخوللارینین ییْغیشیلماسی ائله بو اسکی یوردون اولوسوندا کۆلتورون یۆکسلمهسی یوْلوندا سۆرولن سیاستلردندیرمی؟

سؤزون سوْنو بوکی، یاشامیمین باشلیغی یاسایا باغلی اوْلماق ایدی و بو گۆنه کیمی 32 ایللیک یاشامیمدا اَن کیچیک قضایی سابیقهمده یوْخدور، اۆستهلیک بۆتؤو چاغلاردا خیاوانین یاشیْل چیْراغیندان کئچمهیه باغلییام (ایراندا یئرینه دۆشمهمیش بیر یاسا!!!)، بوندانبئله، دیلهییرهم اراذیل - اوْباشلیق کیملیییمی تئزلیکله منه اؤدهسینلر تا بو ایش ایله اؤزومون عدالت پاییمی آلمیش اوْلام و بو کیچیک قولا گؤره عدالت تام سورولسون.

تبریز دوستاغی ــ مهدی بابایی(اوْختای) 

 

Table 5 - The Reverse Chronology of the Detention of Mr. Okhtay Babai

Date

Events

28 June2006 – 10.30 p.m.

·     Some 16 police officers from the Ministry of Intelligenc entered his house to arrest him

·     His brother Eli was arrested as Okhtay was not home, who was released conditionally the following day to persuade his brother

·     Their books in Azerbaijani Turkic, family’s computer, a poster, and family photograph albums and CDs were confiscated

·     His home was called by the agents repeatedly demanding information on his whereabouts

11 July 2006

·     Was arrested in the street by Ministry of Intelligence officials. This was a witness account

·     Detained incommunicado at an undisclosed location

21 July 2006

·     The family did not know his whereabouts until 21 July,

·     Phoned his family that he was detained

·     He has had no contact with his family since and no access to his lawyer. Apparently he was transferred to Tebriz prison.

1 Sept 2006

·     A letter by his wife, as translated in our letter Ref: 375/2006 on 5 September 2006

3 Sept. 2006

·     The Sentence published recently indicates that the trial court was probably held on this day. This is date next to the pronouncement of the Sentence. However, this date could be when the Sentence was typed. When the letter by Mrs. Babai was published 2 days earlier, she is in the dark on the date of the trial.

22 Sept 2006

·     There is an Internet report on the sentence issued to the case of Mr. Babai, e.g.

·     http://haqqimiz.blogfa.com/post-262.aspx and http://bijar-az.blogsky.com/?Date=1385-09-01

18 October 2006

·     100th day of arbitrary detention and yet he remains indefinitely detained

print    forward    download

main page      up

 

info@dunazhak.net