Becket Fund asks European Court of Human Rights to block mosque evictionApr 28, 2004 April 28, 2004
Becket Fund asks European Court of Human Rights to block mosque eviction
Case filed as Azerbaijan President Aliev arrives in Strasbourg
The Becket Fund for Religious Liberty today formally filed an application with the European Court of Human Rights (ECHR), charging that "The Government of Azerbaijan is threatening to use force to expel the members of the Juma Mosque Congregation from the Juma Mosque in the Inner City of Baku in retaliation for the pro-democracy, pro-human rights, and pro-religious freedom activities of its leadership." The Becket Fund also asked that the court take interim measures to block seizure of the mosque while the ECHR considers the case.
"The government's intended course of action would nevertheless constitute a very grave intrusion upon the Applicants' rights under the European Convention," the Becket Fund letter states. Invasion of the mosque and expulsion of the congregation would "constitute a clear violation of Articles 5, 6, 9, 10, 11 and 14" of the European Convention, which Azerbaijan ratified on April 15, 2002. The ECHR thus has the authority to act to protect the congregation's rights of freedom of conscience and religion, to protect them against discrimination and selective enforcement, and to protect their rights to a fair hearing and an effective remedy.
The Becket Fund filing comes one day before the scheduled appearance of Azerbaijan President Ilham Aliev before the Parliamentary Assembly of the Council of Europe (PACE). Both PACE and the ECHR are headquartered in Strasbourg, France.
On March 29, Becket Fund attorney Emilie Kao delivered a statement before the United Nations Commission on Human Rights in Geneva, charging the Azeri government with persecuting the Juma Mosque community. On March 31, The Becket Fund sent a lengthy letter to the Azeri Appeals Court, calling on it to reverse a lower court decision allowing seizure of the mosque. On April 22, the Appeals Court rejected the mosque's appeal without stating any reasons.
"The confiscation of the Juma Mosque would be nothing short of desecration," the Becket Fund letter states. "If the Government is permitted to deprive the Congregation of its right to stay in the Juma Mosque, the Congregation's right to practice Islam will be rendered meaningless." The letter was signed by Becket Fund attorneys Eric Rassbach, Emilie Kao, Kevin Hasson, Anthony Picarello and Derek Gaubatz. The Becket Fund is a U.N.-recognized Non-Governmental Organization (NGO) with special consultative status. The full text of the letter can be found at www.becketfund.org. Relevant Cases
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