CAT/C/40/D/301/2006
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in 1989 and the complainant became an active member of the party, holding seminars and
meetings. In December 1992 the Oghuz department of the Musavat party was established and
the complainant received his party membership card on 20 October 1996 . He was the vicechairman of Musavat in the region, recruiting members and organizing demonstrations. He
also worked as an electoral adviser. His brother was the chairman of Musavat in the Oghuz
region.
2.2 On account of his participation in a demonstration on 12 September 1998 he was
arrested and kept in custody for three days. He was beaten badly by military staff and police
both during the demonstration and in detention, and sustained injuries on his back and
kidneys. When he was finally released, he was in very poor physical and mental condition.
2.3 His brother stood for the general election held on 5 November 2000, and the preelection campaign led to the complainant and his brother being threatened that they would
lose their jobs. On the day of the general election, the complainant acted as an electoral
observer, and was arrested by the police. In detention, the police tried to make him falsify the
electoral protocol, which he refused to do. They arrested the complainant and he was kept in
custody for one day.
2.4 The complainant continued with his political activities and once again worked as an
electoral adviser during the general election on 15 October 2003. On that day he was
questioned by the local authorities and ordered to go to the chief of police at the local police
station in Oghuz. He refused and was arrested from 8:30am until 4pm. In detention he was
physically abused by the police. Foreign observers entered the police station and, as a result,
the complainant was released. The chief of police told the complainant that he would be dealt
with later.
2.5 After his release, he was informed that there was a demonstration in Baku, organized
by Musavat, which he decided to attend. He left for Baku the next morning and arrived there
at 3.50 pm, by which time the demonstration had degenerated and the situation was chaotic.
The complainant witnessed the beating of a female journalist, and tried to help her. He was as
a result beaten very badly by police using truncheons, arrested and brought to the nearest
police station. The physical abuse continued and he was beaten and whipped on the soles of
his feet. He was released between 9 and 10 p.m. that day, as a Norwegian observer had
intervened and also because his injuries could result in internal bleeding. Following his
release he was transported to his brother’s home in Baku. An ambulance was called and
administered first aid as his condition required immediate medical attention. When the
ambulance personnel learned that he had participated in a demonstration, they refused to take
him to hospital. The complainant’s brother then asked a family friend, a doctor, to examine
him.
2.6 On 17 October 2003 the complainant left Baku and returned to Oghuz, together with his
brother and other party members. At the border between two regions, the mini-bus was
stopped by policemen, they were arrested and taken to Oghuz police station. The
complainant’s brother, nephew and cousin were taken to the court office, while the
complainant remained at the station. He was fined 220,000 Manat, and was detained for two
days with others, without receiving any food. On 19 October 2003, international observers
arrived and the complainant and other party members were released. By order of the