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BAKU: Former POWs to stand trial for "high treason" in Azerbaijan

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  • BAKU: Former POWs to stand trial for "high treason" in Azerbaijan

    Former POWs to stand trial for "high treason" in Azerbaijan

    Ekho, Baku
    18 Aug 05

    Azerbaijan has charged three former POWs with high treason and they
    will stand trial in late August, Azerbaijani Ekho newspaper has said.
    In an interview with the newspaper, independent military expert
    said the Defence Ministry circulated conflicting reports about the
    disappearance of the soldiers, first saying they lost their way and
    then announcing that they had crossed over to Armenia to cooperate
    with its secret services. The expert argues if it was so easy for
    "callow youths" to cross over to the enemy's territory, it mustn't
    be too difficult for Armenian intelligence to come and commit acts
    of sabotage in Azerbaijani territory either. The following is an
    excerpt from R. Mammadov's report by Azerbaijani newspaper Ekho on
    18 August headlined "The soldiers charged with high treason are most
    likely innocent" and subheaded "This supposition has been voiced by
    military expert Uzeyir Cafarov and rights campaigner Eldar Zeynalov";
    subheadings have been inserted editorially:

    As is known, the saga of three Azerbaijani soldiers who were taken
    prisoner by the Armenian side lasted from February till May of this
    year. Then, the Defence Ministry tried to explain their delaying return
    by Armenia's reluctance to honour its international commitments. The
    attempts to have them released with the aid of international
    organizations, such the International Committee of Red Cross (ICRC),
    and the state commission for prisoners of war under the Azerbaijani
    National Security Ministry also remained futile.

    POWs face high treason charges

    The soldiers, however, were released in May. After some time, another
    report came like a bolt from the blue. It emerged that the three
    soldiers of the Tartar [District] garrison - Sgt Ruslan Bakirov,
    Pte Xayal Abdullayev and Pte Hikmat Tagiyev - are charged with
    high treason (article 274), defection (334.3), breach of combat
    duty regulations (338.1) and abuse of power (341.3). According
    to investigation materials, the soldiers crossed over to Armenia
    in the Tartar direction in February and entered into contact with
    Armenian secret services. In May, they were arrested and the case was
    considered by the Tartar military prosecutor's office. A preliminary
    hearing of the case is due at the court for grave military crimes on
    25 August. The hearings will be presided over by Qadim Babayev.

    Such reports are clearly surprising. Azerbaijani soldiers have
    been taken prisoner in the past as well, but never before have they
    faced such serious charges. Ekho has asked the Defence Ministry for
    an explanation, but the head of its press service, Ramiz Malikov,
    urged us to send all queries to law-enforcement agencies.

    "Our services inquired about them and started an investigation,
    but I don't have specific information about what happened to them
    afterwards. You should ask law-enforcement bodies," he said.

    Independent expert doubts Defence Ministry's theory

    "The facts that have been made public are very surprising and
    regrettable," says independent military expert Uzeyir Cafarov.

    "First of all, when the soldiers were taken prisoner, the Defence
    Ministry could not confirm that for a long time. Then it started
    saying an investigation is under way. Then it finally acknowledged
    that the soldiers lost their way and were taken prisoner. The head of
    the Defence Ministry's press service said that even our officers can
    lose their way in combat conditions. In other words, they initially
    said that three soldiers lost their way, but now they are saying that
    they deliberately crossed over to Armenia and purportedly agreed
    to cooperate with the Armenian secret service. We all remember the
    Armenians promising to release the soldiers soon, then saying that
    it would happen by the Novruz Bayrami [holiday, 20-21 March], but
    eventually things lasted till May," Cafarov said.

    "The soldiers have now been officially charged with espionage and
    breach of combat duty regulations. The question is where our [special]
    services obtained this information and how they managed to have such
    suppositions verified," the expert said.

    Independent commission should inquire into the issue

    If the trial of the soldiers is open, we will be able to find out
    the details, Cafarov says.

    "But I am afraid the trial will be held behind closed doors under
    the pretext that at issue is the disclosure of military secrets. I
    don't really believe the Armenian secret service managed to agree
    something with these callow youths who accepted their offer. Let me
    recall that as this case caught the public eye, our warrant officer
    Ramin Xudaverdiyev, called up for service by the Ganca enlistment
    office, was taken prisoner early this month. And the Defence Ministry
    wasn't the first to find out about that. Only after the ICRC informed
    the soldier's parents did the Defence Ministry start to investigate
    this fact. Before that, the military command was concealing this
    information," Cafarov said.

    "I can't understand how one can cross a mined area in order to
    intentionally fall into the hands of the Armenians. How can it be that
    after 10 years of a cease-fire it is so easy to cross over to the
    enemy? It means it is quite possible for the Armenian intelligence
    to cross over to our territory in the same way and carry out acts
    of sabotage here. These are very serious and worrying issues. It is
    not enough to conduct an in-house investigation the Defence Ministry
    has launched, it is necessary to set up an independent commission to
    carry out a thorough investigation because at issue is the security
    of our borders," the military expert said.

    The circumstances in which three former POWs were brought to book also
    seem quite surprising for well-known rights campaigner Eldar Zeynalov.

    "I have to say first of all that when someone is released from
    captivity, it is done with the mediation of the ICRC. Employees of the
    Red Cross ask each of the POWs confidentially if they want to return
    to their country of origin. If they don't, a different procedure is
    engaged - the search for the third country starts. In other words,
    if these three really wanted to betray their motherland for which
    they defected the army in order not to come back, then why did they
    return of their own accord? This seriously impugns the theory of the
    investigation that they ran away and turned themselves over to the
    Armenians of their own volition.

    [Passage omitted: the rights activist recalls other incidents when
    Azerbaijani servicemen were taken prisoner]
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