Azerbaijan: Denial of the commutation of sentence for Elchin Mammad

The Observatory has been informed about the denial of the commutation of sentence for Mr. Elchin Mammad, human rights lawyer, who has been arbitrarily detained on false charges for over a year at the time of publication of this Urgent Appeal. Elchin Mammad is the President of the Social Union of Legal Education of Sumgait Youth (SULESY), an NGO providing free legal assistance to low-income families and non-profits, as well as the Editor-in-chief of the newspaper Yukselish Namine, which publishes articles on human rights concerns in Azerbaijan.

On December 9, 2021, the Court of Appeal of Baku rejected the appeal filed by Elchin Mammad challenging the October 9, 2021 decision of the Surakhani District Court to deny Mr. Mammad the replacement of his remaining prison term with either a suspended prison sentence or non-custodial alternatives. On November 24, 2021, Elchin Mammad was transferred from prison No. 14 of the Penitentiary Service of the Ministry of Justice to pre-trial detention centre No. 1 in Kurdakhani, where he remained detained at the time of publication of this Urgent Appeal. The reasons for this transfer remain unknown. Elchin Mammad’s health has drastically deteriorated during his detention due to the lack of adequate medical care. Moreover, after his transfer to pre-trial detention centre No.1 in Kurdakhani, Elchin Mammad had no access to a bed for some days due to severe overcrowding in the facilities.

The Observatory recalls that on March 30, 2020, the police arrested Elchin Mammad at his home in the city of Sumgait, a few days after he had published online a critical report on the human rights situation in Azerbaijan. The police claimed to have found stolen jewellery worth 7,500 manats (around 4,070 Euros) and ammunition at his office. The Sumgait City Court remanded Mr. Mammad in custody on charges of “theft causing significant damage” and “illegal purchase and possession of firearm accessories”. On October 14, 2020, the Sumgait City Court sentenced Mr. Mammad to four years in prison.

The Observatory further recalls that the circumstances in which the verdict was handed down suggest that Elchin Mammad did not benefit from a fair trial. The evidence heard at the trial was inconsistent and should not have led to Mr. Mammad's conviction, while the investigation phase also appeared to have been marred by police tampering of evidence. Yet, on February 19, 2021, the Sumgayit Court of Appeal upheld the four-year prison sentence of Elchin Mammad and concluded that his right to a fair trial was respected during the judicial proceedings in his case. Moreover, on July 7, 2021, the Supreme Court of Azerbaijan upheld Elchin Mammad’s prison sentence. His lawyers announced they will submit his case to the European Court of Human Rights.

On June 12, 2021, Elchin Mammad was transferred to the Main Medical Department of the Ministry of Justice (Central Penitentiary hospital), following an order from the Ministry of Justice of Azerbaijan. Six days before his transfer to the penitentiary hospital, Elchin Mammad fainted. Moreover, he has lost a significant amount of weight while in detention, has trouble walking and swollen legs. Being ill with Hepatitis C, his health condition is particularly concerning and puts him at high risk of contracting COVID-19 in view of the overcrowding and poor prison conditions in Azerbaijan.

The Observatory expresses its utmost concern over the ongoing arbitrary detention and the deteriorating health of Elchin Mammad and urges the Azerbaijani authorities to grant him access to adequate and comprehensive medical treatment, and to immediately and unconditionally release him, as his detention is arbitrary and is only putting his life at risk.

The Observatory further deplores that the case of Elchin Mammad is only emblematic of the serious and widespread abuses and intimidation of human rights activists in Azerbaijan, where a decades-long crackdown on human rights defenders has considerably curtailed civic space in the country.