AZERBAIJAN: 20 July trial of Pastor who led "illegal meetings"
The trial of Pastor Zaur Balaev of a Georgian-speaking Baptist congregation in the village of Aliabad in the far north of Azerbaijan is to begin on 20 July, Judge Seifali Seifullaev, who will hear the case, told Forum 18 News Service. He refused to explain why he rejected Balaev's appeal to be transferred from prison to house arrest as he awaits trial. Balaev was arrested on 20 May and is charged with beating up five policemen and damaging a police car, charges he and church members reject. The indictment complains that Balaev "conducts illegal meetings under the guise of religious activity without concrete authority and without state registration", attracts young people to services and plays loud music at services. Ilya Zenchenko of the Baptist Union told Forum 18 that "this is the opinion of the police and representatives of the authorities, not of the [ethnic] Georgian residents of the village, who support Zaur and do not regard him as a 'dangerous person'."
Judge Seifullaev told Forum 18 from Zakatala on 16 July that Balaev's trial would begin at 10 am on 20 July. This will be two months to the day after Balaev's arrest. Police seized the pastor when they raided his Baptist congregation's Sunday worship service in a private house in his home village of Aliabad, near Zakatala in the remote north of Azerbaijan close to the border with Georgia.
An official of the Baku office of the Organisation for Security and Co-operation in Europe (OSCE) told Forum 18 on 16 July that it has been keeping a "close eye" on Balaev's case and intends to send a staff member to monitor the trial in Zakatala on 20 July.
At the 13 July hearing, Balaev's lawyer requested a transfer from pre-trial detention in prison to house arrest, but Judge Seifullaev told Forum 18 he had rejected this. He ordered that Balaev continue to be detained in an investigation cell at the prison in Gyanja [Gäncä], 250 kilometres (150 miles) from Aliabad.
Asked by Forum 18 why Balaev could not await trial at home rather than in prison, Judge Seifullaev responded: "That's how it should be. Why should I explain to you?" He refused to discuss any further questions and put the phone down.
However, Zenchenko of the Baptist Union remains unhappy at the decision. "The judge wouldn't allow the transfer to house arrest because Zaur is [ethnic] Georgian and could flee to Georgia and escape trial," he told Forum 18. "For this reason I say that this is not a criminal trial but an ethnic/religious trial, where the authorities are violating not just Azerbaijani but international law."
Balaev faces trial under Article 315 Part 1 of the Criminal Code, which punishes: "Use of violence, resistance with the use of violence against a representative of authority in connection with performance of official duties by him, or the use of violence not dangerous to life or health concerning his close relatives, as well as threat of the use of such violence". This article carries a maximum three year prison term.
The charges relate to Balaev's response to the 20 May raid on the church's worship service. After initially claiming Balaev set a dog onto them, police then alleged that he beat up five policemen and damaged the door of a police car. The indictment includes medical reports of injuries the prosecution claims Balaev committed to the five policemen, but no photographs of the alleged injuries. The indictment also includes a photograph of a damaged door of a police car which the prosecution claims Balaev was also responsible for. Balaev, church members and other residents of the village deny the accusations absolutely.
In late May Zenchenko and eight other Christian leaders signed a joint appeal to Azerbaijan's General Prosecutor, Zakir Garalov, expressing "deep concern" about Balaev's arrest (see F18News 12 July 2007 http://www.forum18.org/Archive.php?article_id=993).
Zenchenko particularly criticises parts of the indictment which he believes reveal that the authorities are determined to crush the Baptist congregation Balaev leads. The congregation has repeatedly been denied legal status for thirteen years and church members have faced official harassment.
"Zaur Balaev conducts illegal meetings under the guise of religious activity without concrete authority and without state registration in a place specially built on his property for this purpose," the indictment gives as the reason for the 20 May raid. "He attracts young children to these meetings. At these meetings they play loudly on special musical instruments, which violates the rules on social residence and annoys the surrounding inhabitants."
Zenchenko also points to earlier verbal statements from the prosecutor and the chief of police that Balaev is "socially dangerous" because he is a Christian.
Zenchenko rejects the official attitude he believes lies behind the attempt to convict Balaev. "This means the police came to him as a 'dangerous person' for the inhabitants of this village," he told Forum 18. "But it has to be stressed that this is the opinion of the police and representatives of the authorities, not of the [ethnic] Georgian residents of the village, who support Zaur and do not regard him as a 'dangerous person'."
Officials of the State Committee for Work with Religious Organisations in Baku frequently deny legal status to religious communities they do not like, including Muslims, Protestants, Jehovah's Witnesses and others. Azerbaijan's bureaucratic registration procedures also allow local officials to obstruct a registration application even before it reaches the State Committee.
Unregistered religious activity is not illegal in Azerbaijan, though officials often act as though it is. Zenchenko points out the bitter irony that officials have obstructed the congregation's applications for registration, then sought to punish it for meeting without registration. (END)
For a personal commentary, by an Azeri Protestant, on how the international community can help establish religious freedom in Azerbaijan, see http://www.forum18.org/Archive.php?article_id=482
For more background information see Forum 18's Azerbaijan religious freedom survey at http://www.forum18.org/Archive.php?article_id=92
More coverage of freedom of thought, conscience and belief in Azerbaijan is at http://www.forum18.org/Archive.php?query=&religion=all&country=23&results=50
A printer-friendly map of Azerbaijan is available at http://www.nationalgeographic.com/xpeditions/atlas/index.html?Parent=asia&Rootmap=azerba
12 July 2007
The hearing of the case against detained Baptist pastor Zaur Balaev begins tomorrow (13 July) at 10 am, Forum 18 News Service has been told by Judge Seifuli Seifullaev. Azerbaijan's Baptist leader, Ilya Zenchenko, insists the charges are false – as do over 50 other people, including 25 who were present at the service, other villagers who are not Christians, and the leaders of eight Christian churches in Azerbaijan. "Zaur is accused of beating up five policemen and damaging the door of a police car," Zenchenko stated. "But how could a thin man like Zaur beat up five strong policemen?" Police initially alleged that Balaev had resisted being taken to a police station by setting a dog onto them. "The dog has completely disappeared from the accusation," Zenchenko told Forum 18. However, during the investigation, the Prosecutor stated verbally that Balaev is a Christian and therefore a threat to society and to social security. The date for the formal trial is due to be set at tomorrow's preliminary hearing.
22 June 2007
Imprisoned Baptist pastor Zaur Balaev has been held for over a month by Azerbaijan, on charges which witnesses insist are false, Forum 18 News Service has learnt. Pastor Balaev was arrested on 20 May, and the authorities intend to bring criminal charges of resisting officials with violence. The arrest took place during a police raid on a worship service which they insist – against Azerbaijan's international human rights commitments – was illegal as the church does not have state registration. The authorities have been denying the church legal status for 13 years. Since being detained over a month ago, "Zaur's health has deteriorated seriously" the head of the Baptist Union Ilya Zenchenko told Forum 18. Zenchenko also stated that police had hit Balaev in the face and that since his arrival in prison he has been threatened with violence. The Balaev family has had to go into debt to pay to take food to Zaur Balaev, who has been held over 250 km. (150 miles) from his home. The authorities have denied Balaev's family the opportunity to meet him since his arrest. Officials have refused to discuss the charges with Forum 18.
4 June 2007
Police have verbally told members of the embattled Baptist church in the remote village of Aliabad in north-western Azerbaijan that their pastor Zaur Balaev is to face a criminal charge of "resisting government representatives", which carries a maximum three year prison term. The authorities claim he set a dog onto police who raided the church's Sunday service on 20 May. The church's deacon, Ramiz Osmanov, insisted to Forum 18 News Service that the accusation is based on "false testimony". "I was there – I saw." After two weeks in police custody, Balaev was today (4 June) transferred to the prison in Gyanja [Gäncä]. Ilya Zenchenko, head of the Baptist Union, told Forum 18 the region around Aliabad is the worst in Azerbaijan for Baptists. "It is a place where officials insult our believers, won't allow them to gain legal status and deny birth certificates to their children." Hidayat Orujev, the chief state religious affairs official, rejected Baptist claims of persecution. Balaev's arrest "has no relation to his faith", he told Forum 18.