Azerbaijan: The status and treatment of former Otryad Politsi Osobogo Naznacheniya (OPON) secret police members, including whether OPON continues to exist; whether any former members remain in prison; and whether the authorities continue to seek former OPON members who have evaded them (2003-2005)

Otryad Politsi Osobogo Naznacheniya (OPON), "a highly trained unit of about 500 officers" (World Police Encyclopedia 2006, 62), is a special police force also referred to as a special purpose police detachment (ibid.; Ryerson University 12 Jan. 2004) which was led by the former deputy Interior Minister, Rovshan Javadov (Baku Sun 19 Mar. 2004; World Police Encyclopedia 2006, 62) who was killed in 1993 (ibid.) or in 1995 (Baku Sun 19 Mar. 2004; Space TV 12 Oct. 2005). Although the World Police Encyclopedia indicated that OPON was dismantled following a mutiny conducted in Baku in 1993 (2006, 62), other sources reported that OPON carried out an unsuccessful armed coup against the government in March 1995 (Ryerson University 12 Jan. 2004; Baku Sun 19 Mar. 2004; RFE/RL 5 Jan. 2004). Some sources refered to OPON as a "former" (TIA 12 Oct. 2005; Space TV 12 Oct. 2005) or "now defunct" police force (RFE/RL 5 Jan. 2004). OPON is also referred to as the Special Destination Police Group (SDPG) (Human Rights Azerbaijan 7 Jan. 2006a) or Otriady Militsyy Osobogo Naznacheniya (OMON) (Civcassian Canada n.d.; RFE/RL 5 Jan. 2004; Human Rights Azerbaijan 7 Jan. 2006b).

One source indicated that in October 2005 there were ten individuals affiliated with OPON who were at that time still detained in prison (PWAA 29 Oct. 2005) while another stated that "there are currently about 15 former OPON members wanted and residing beyond the country. Although they want to come back home they fear ... [being] detained" (525ci Qazet 5 Oct. 2005).

The Turan Information Agency (TIA) reported that former OPON members that had been released "face[d] a lot of difficulties. They [could not] get a veteran-book [or a] job" (18 Apr. 2005). It also indicated that 21 former OPON members had to emigrate to other countries "[d]ue to unbearable conditions" (TIA 18 Apr. 2005). The same information agency also reported that, by November 2004, 200 former OPON members had obtained their veteran's book for having taken part in the Karabakh war but that 50 were not able to obtain such a document for lack of evidence of participation in the war (ibid. 9 Nov. 2004). In addition, ten former OPON members were not readmitted to the police academy or the universities where they had studied before their arrests (ibid.).

Various sources reported that beginning in April 2004, some former OPON members were given a second trial following the original trial of 1997 (ibid. 17 Sept. 2004; Bilik Dunyasi 24 June 2005; PWAA 29 Oct. 2005b). They had been prosecuted for their participation in the attempted coup (Caucasian Knot 28 July 2004) or mutiny (COE 31 May 2005, Section III, Para. 27) of 1995. Eleven former OPON members appeared before the Court of Appeal in 2004 (TIA 22 Jan. 2004; ibid. 17 Sept. 2004). The Court reduced the sentences to eight years for four of the defendants, confirmed the life sentences for three defendants, and released two others (ibid.). Another source indicated that the three former OPON members sentenced to life imprisonment were appealing the decision of the Court of Appeal to the Supreme Court of Azerbaijan (Bilik Dunyasi 24 June 2005).

The President of Azerbaijan has at least twice issued decrees to pardon prisoners, including once in March 2004 (Baku Sun 19 Mar. 2004; TIA 18 Mar. 2004) and once in June 2005 (ibid. 21 June 2005; 525ci Qazet 22 June 2005; RFE/RL 23 June 2005) both of which applied to some former members of OPON.

Nonetheless, two sources reported that some former OPON members were still in detention (PWAA 28 July 2005; COE 12 Jan. 2004). The Prison Watch – Azerbaijan Assocation (PWAA) had posted, on its Website, a list of 42 "political prisoners," which included the names of 16 former OPON members (28 July 2005). The Council of Europe (COE) had published a report on political prisoners in Azerbaijan in January 2004, which included an analysis of several "test cases"; among them were eleven individuals affiliated with OPON (12 Jan. 2004). The report also includes a list of 212 cases to be examined by independent experts as possible cases of political prisoners of which 91 were persons affiliated with OPON (COE 12 Jan. 2004). The report also included an "incomplete list" of political prisoners arrested before 1 January 2001 (21 out of a total of 57 were associated with the OPON mutiny of 1995) as well as those arrested after 1 January 2001 (4 out of a total of 51 were associated with the OPON mutiny of 1995) (ibid.). The Human Rights Center of Azerbaijan (HRCA) also provided COE with a list of 48 political prisoners who died in detention between 15 June 1993 and 25 March 2002, 14 of which were affiliated with OPON (ibid.). There was also a list, compiled by the Azerbaijan Federation of Human Rights Organization, of 88 political prisoners who did not appear on the list accepted by the COE in December 2003, of which 35 were associated with the OPON mutiny of 1995 (however, two OPON names were scratched out) (ibid.). According to the chairman of the Committee to Protect the Rights of Officers of OPON, only five of the thirty-five names listed above were "true" OPON members (Caucasian Knot 28 July 2004). The follow-up report of the COE included an "incomplete list" dated 12 May 2005 of 107 alleged political prisoners in Azerbaijan, of which 14 were associated with the OPON mutiny of 1995 (31 May 2005).

Information as to whether authorities continued to seek former OPON members who had evaded them could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

525ci Qazet [Baku, in Azerbaijani]. 5 October 2005. No. 191 (2047). "Former Members of Special Police Forces Currently Jailed Wait for President's Pardoning Decree." [Accessed 17 Jan. 2006]
_____. 22 June 2005. No. 116 (1972). "President Aliyev Pardons 100 Prisoners with Political Prisoners among Them." [Accessed 17 Jan. 2006]

Baku Sun. 19 March 2004. Zulfugar Agayev. "129 Prisoners Pardonned by the President." [Accessed 17 Jan. 2006]

Bilik Dunyasi News Agency [Baku, in Russian]. 24 June 2005. "Azerbaijan's Supreme Court to Retry 'Political Prisoners'." (Factiva)

Caucasian Knot. 28 July 2004. "Azerbaijan Human Rights Activists Accuse Each Other." [Accessed 17 Jan. 2006]

Circassian Canada. N.d. Egbert Wesselink. "Ethnic Conflicts." [Accessed 16 Feb. 2006]

Council of Europe (COE). 31 May 2005. Parliamentary Assembly. "Follow-up to Resolution 1359 (2004) on Political Prisoners in Azerbaijan." (Doc. 10564). [Accessed 18 Jan. 2006]
_____. 12 January 2004. Parliamentary Assembly. "Political Prisoners in Azerbaijan." (Doc. 10026). [Accessed 17 Jan. 2006]

Human Rights in the XXI Century – Azerbaijan Foundation. 7 January 2006a. "Elchin Amiraslanov, Shafa Poladov and Arif Kazimov' Cases Will Be Looked Into Again." [Accessed 17 Jan. 2006]
_____. 7 January 2006b. "Only 10 'OMON' Members Remained in Prison." [Accessed 17 Jan. 2006]

Prison Watch – Azerbaijan Association (PWAA). 29 October 2005a. "10 Former OMON Members Still in Prison." [Accessed 17 Jan. 2006]
_____. 29 October 2005b. Hasanov Elchin. "Elchin Amiraslanov and His Three Subordinates Will Stay in Prison for Life." [Accessed 17 Jan. 2006]
_____. 28 July 2005. "New List of 'Political Prisoners'." [Accessed 17 Jan. 2006]

Radio Free Europe/Radio Liberty (RFE/RL). 23 June 2005. Jean-Christophe Peuch. "Azerbaijan: PACE Calls for Political Dialogue ahead of Polls." [Accessed 17 Jan. 2006]
_____. 5 January 2004. "Ilham Aliyev Signs First Pardoning Decree." [Accessed 17 Jan. 2006]

Ryerson University. 12 January 2004. Small Arms/Firearms Education and Research Network (SAFER-Net). "Azerbaijan." [Accessed 17 Jan. 2006]

Space TV. 12 October 2005. "Former Special Police Vow to Foil Azeri Ex-Speaker's Return." (BBC Monitoring Caucasus/Factiva)

Turan Information Agency (TIA). 12 October 2005. "Group of Former OPON Members Threaten Rasul Guliyev." (Factiva)
_____. 21 June 2005. "Ilham Aliyev Pardoned 100 Prisoners with Political Prisoners among Them." (Factiva)
_____. 18 April 2005. "Problem of Political Prisoners in Azerbaijan Remains Unsolved." (Factiva)
_____. 9 November 2004. "Approximately 200 Former OPON Members Receive Veteran Books After Being Released." (Factiva)
_____. [Baku, in Russian]. 17 September 2004. "Azeri Court Upholds Life Sentence for Coup Plotters." (BBC Monitoring Caucasus/Factiva)
_____. 18 March 2004. "Azeri Rights Champion Praises President's Amnesty Decree." (BBC Monitoring Caucasus/Factiva)
_____. 22 January 2004. "Court of Appeal to Consider Gazakh OPON Case Again." (Factiva)

World Police Encyclopedia. 2006. Vol. 1. "Azerbaijan." Edited by Dilip K. Das. New York, NY: Routledge.

Additional Sources Consulted

Oral sources: Two oral sources did not provide information within the time constraints of this response.

Internet sites, including: Amnesty International, Azerbaijan Foundation of the Democracy and Human Rights Protection, British Broadcasting Corporation, Eurasianet, Factiva, Freedom House, Human Rights Center of Azerbaijan, Human Rights Watch, Institute for War and Peace Reporting, International Crisis Group, International Helsinki Federation, United Nations High Commissioner for Human Rights, United States Department of State.