Azerbaijan

17.10.201824.01.2019

OFFICIAL STATEMENT

Article of the Law of Azerbaijan on Presidential Elections 178 §1 sets the date — the third Wednesday of October, which would mean that the elections were held on October 17, 2018 — that is, today. However, the vote was unexpectedly postponed by a presidential decree of February 5, 2018 to another date, April 11.

The Constitutional Court of Azerbaijan, to which I appealed with the demand to hold the Presidential election on the date established by law, remained unanswered. The statement addressed to the Prosecutor General of Azerbaijan with the undeniable facts of criminal offenses committed during the presidential elections of 2013, which resulted in the illegal reform of the Constitution, was also not considered. The international observers, human rights organizations and the FBI were acquainted with all legal materials.

Since today, October 17, 2018, presidential elections are not held in Azerbaijan, this creates legal grounds for appealing to the Prosecutor of the International Criminal Court demanding the start of a full-scale investigation and bringing to justice the criminals and their accomplices, who have recognized illegal seizure of power in Azerbaijan by a group of persons by prior conspiracy. Despite the fact that Azerbaijan does not recognize the jurisdiction of the ICC, the criminal activity of the mafia group has long assumed an international character, therefore the appeal to the ICC from a legal point of view is justified. In addition, if the judicial and legal system is not working, there are all legal grounds for demanding that Azerbaijan be recognized as failed state, with the return of the articles of the Constitution of the Republic of Azerbaijan to its original form and lustration in state bodies.

After the “elections” on April 11, I made an official statement on the establishment of the Azerbaijani government in exile, which was forwarded to international observers, public organizations, media, representatives of the Foreign Ministry of Russia, Israel and other countries, US President Donald Trump.

All international treaties signed by «President of Azerbaijan» Ilham Aliyev from April 11, 2018 to the date of new fair and legal elections will be disavowed!

Israeli State Comptroller Yosef Shapira received materials about unprecedented corruption schemes involving officials from Azerbaijan, which in recent years have been involving Israeli leading politicians and security forces in return for supporting the regime of Ilham Aliyev, whom the French court officially recognized as a dictator in 2017. According to one of the allegations related to corruption in the Israeli Ministry of Defense, the State Attorney’s Office has already begun a lawsuit.

People from Azerbaijan have always been distinguished by solidarity and mutual assistance. Many honest, talented, wise Azerbaijanis had to leave their homeland due to intolerable conditions and direct persecution of themselves and their families. I invite to cooperation all persons interested in the liberation of my native Azerbaijan from the captivity of the mafia group led by Ilham Aliyev.

Remember, no one is above the Law!

With love,
Milana Gorenstein
Lawyer, investigative journalist
Candidate for President of Azerbaijan (2013, 2018)
Head of Government of Azerbaijan in exile

18.04.201818.04.2018

The government of Azerbaijan in exile

sevgi_partiyasi

On April 11, 2018 a criminal offense — forcible seizure of power in Azerbaijan — was committed in front of the whole world.

Today, on April 17, 2018, despite a complaint to the Prosecutor General’s Office and two lawsuits to the Constitutional Court of the Republic of Azerbaijan, the court approved the election of Ilham Aliyev, officially recognized by the French court as dictator, the president of Azerbaijan for a new term.

Both citizens of the Azerbaijan Republic and tens of millions of Azerbaijanis of the world are victims of this crime, in which the Constitutional Court became an accomplice.

The inaction of the Constitutional Court with regard to complaints of violation of the rule of law in the Republic of Azerbaijan, coupled with the inactivity of other judicial bodies and state organizations, which for many years refused to rule on cases unsuitable for the government, gives grounds to recognize the Republic of Azerbaijan as a failed state.

In the current situation, I announce the establishment of the Azerbaijani government in exile. The new structure will operate under my leadership and under the aegis of the «Party of Love» (Sevgi Partiyasi) in Jerusalem. The program of our actions will be announced soon.

With love,

Milana Gorenstein (Ustinova)

Lawyer & investigative journalist
Candidate for the President of Azerbaijan (2013, 2018)

11.04.201811.04.2018

The seizure of power takes place in Azerbaijan

123

On April 11, 2018, the so-called «presidential elections» are held in the Republic of Azerbaijan.

In fact, on April 11 the Azerbaijani authorities committed criminal actions aimed at forcible seizure of power in violation of the Constitution, with direct or indirect complicity of a large number of international observers and the world’s leading media.

The presidential candidate of Azerbaijan, Milana Gorenstein (Ustinova), appealed to the Prosecutor General of Azerbaijan Zakir Garalov in relation to the criminal offenses committed by the leaders of the CEC of Azerbaijan during the period from 2013 to 2018. A lawsuit was filed with the Constitutional Court of the Azerbaijan Republic demanding holding scheduled elections, withdrawing the candidature of Ilham Aliyev and bringing him to justice.

The CEC of Azerbaijan did not register the candidacy of Ms. Gorenstein, and there was no official refusal or explanation of the reasons. The Ministry of Foreign Affairs of Azerbaijan, to which the application was sent to visit Nagorno-Karabakh for professional activities, did not respond to the official request of Ms. Gorenstein. The General Prosecutor’s Office and the Constitutional Court of the Republic of Azerbaijan also showed inaction regarding the applications and enabled the crime of seizure of power in Azerbaijan.

The leading international observers and the media, as well as local and international organizations conducting exit polls («Opinion Way» — France, «Arthur Finkelstein Association» — USA, Independent Research Center «Els» — Azerbaijan) were informed in writing and verbally of the impending crime. Some observers (missions of the CIS Executive Committee and OSCE / ODIHR) received full access to documents sent to the Prosecutor General’s Office and the Constitutional Court of Azerbaijan. The legal situation prevailing in Azerbaijan was also discussed with the leaders of the Venice Commission. The materials of the case are provided to the Secretariat of human rights organization “Amnesty International”.

Milana Gorenstein (Ustinova) is running in the presidential elections in Azerbaijan for the second time. After the elections in 2013, due to the refusal of all judicial instances of Azerbaijan, including the Supreme Court, lawsuits against the crimes committed by the leadership of the CEC were brought to the ECHR (France). The ECHR judge Julia Laffranque refused to consider the case of falsification of elections in Azerbaijan without any explanation. The PACE President Anne Brasseur received a complaint about the problems in ECHR and a full copy of the case materials, but she also decided to remain silent. Europol experts, who monitor transnational crimes, recommended starting an investigation into the above facts.

In 2018, Ilham Aliyev, expecting the recurrence of the 2013 scenario and new lawsuits in the ECHR regarding elections falsification, decided to strengthen his positions by expanding the powers of the judge from Azerbaijan to the ECHR Latif Huseynov. However, the authorities’ crimes went beyond the scope of the ECHR: in 2017 the French court officially recognized Ilham Aliyev as dictator.

When laws cease to work in the state, the state itself ceases to exist in the declared legal format. Ilham Aliyev led the Republic of Azerbaijan to the condition of failed state.

Milana Gorenstein (Ustinova) after consultation with the Secretariat prepared a statement of claim to the Prosecutor’s Office of the International Criminal Court in Hague. Despite the fact that Azerbaijan has not ratified the Rome Statute, there are mechanisms in international law to hold accountable the main executors and all accomplices for multiple crimes (seizure of power, juridical genocide, extreme international corruption, transnational crimes, state terror, political prisoners, violations of international humanitarian law, etc.)

According to official sources, 894 international and 58,175 local observers were involved in the process of illegal seizure of power in Azerbaijan, as well as 150 journalists representing the world’s leading media: “The Washington Times”, “The Hill”, “The Jerusalem Post”, , «The Times of Israel», «Daily Caller», «Muslim World Today», «The Algemeiner», «Independent Journal Review», «RAİ» TV, «New Europe», «Al Jazeera», ORT, RTR, “Russia Today”, “The Daily Times”, TRT World, and others.

Press office of the Kingdom of Love

25.03.201810.04.2018

International observers faced problems in the 2018 elections in Azerbaijan

International observers are informed of the legal problems that arose in connection with the early presidential elections in Azerbaijan.

Milana Gorenstein informed the heads and members of the observer missions, as well as the heads of international organizations (the headquarters of the CIS observer mission, PACE, OSCE / ODIHR, Venice Commission, etc.), invited to the April 11 elections, that they were not informed about the legal immorality taking place in the republic and involved in the international crime to seize power in Azerbaijan.

In particular, on February 8, 2018, Ms. Gorenshtein appealed to the Prosecutor General of Azerbaijan Zakir Garalov with a request to conduct a prosecutor’s check, fire from the positions and bring to justice the workers of the Central Election Commission: the Chairman of the CEC of Azerbaijan Mazahir Panahov, the head of the legal department of the CEC of Azerbaijan Irada Hajiyev and the head of press service of the CEC Azer Saryev.

On March 8, 2018, Milana Gorenstein applied to the CEC for participation in the presidential election-2018.

On March 12, 2018, Milana Gorenstein filed a lawsuit with the Constitutional Court of the Republic of Azerbaijan with a demand to remove Ilham Aliyev from participation in the presidential elections of 2018 and bring him to justice (Article 80 of the Constitution of the Republic of Azerbaijan). Attached to the lawsuit were copies of materials sent earlier to the Prosecutor General’s Office of the Republic of Azerbaijan and materials of international criminal investigations.

None of the letters to the date of this news report (March 25, 2018) was considered, the candidacy of Milana Gorenshtein as a candidate for the President of the AR was not approved, nor were the reasons for the refusal announced. The Ministry of Foreign Affairs of Azerbaijan has also been silent in relation to request from Ms. Gorenshtein for permission to visit Nagorno-Karabakh in connection with her professional activities as a lawyer and journalist.

Ignoring and concealing facts in the presidential elections are new crimes of state bodies of the Republic of Azerbaijan, in which international observers were involved.

At present, observers have been invited lawyers to study the facts and accompanying documents set out in the application.

Milana Gorenstein, without being distracted by falsifications and legal cataclysms in Azerbaijan, will present her renewed political program in the coming days and begin to actively form the work team of the Party of Love.

Press office of the Kingdom of Love

01.08.201401.08.2014

Open letter to H.E. Ambassador Francesco Maria TALÒ

Date: August 1^st, 2014

Embassy of Italy in Tel-Aviv
H.E. Ambassador Francesco Maria TALÒ
Trade Tower
25 Hamered Street
68125 Tel-Aviv, Israel
Tel. (972) 3 510 40 04
Fax (972) 3 510 02 35
info.telaviv@esteri.it
http://www.ambtelaviv.esteri.it

Copies:

Council of Europe
Mr.Thorbjorn Jagland, Secretary General
Tel. 33 3 88 41 20 00
Fax 33 3 88 41 27 99
private.office@coe.int
http://hub.coe.int

Council of Europe Parliamentary Assembly (PACE)
Mrs. Anne Brasseur, President
Tel. 33 3 88 41 23 41
mark.neville@coe.int
http://assembly.coe.int

OSCE Minsk Group

Personal Representative of the OSCE Chairperson-in-Office
on the conflict dealt with by the OSCE Minsk Conference
Ambassador Andrzej Kasprzyk
Tel. 43 1 514 360
Fax 43 1 514 36 69 96
pm@osce.org

Permanent Representation of France to the OSCE
Ambassador Pierre Andrieu
Tel. 43 1 501 82 0
Fax 43 1 501 82 509
france-osce@org-france.at

Permanent Mission of the Russian Federation to the OSCE
Ambassador Igor Popov
Tel. 43 1 280 27 62
Fax 43 1 280 31 90
rfosce@yandex.ru
rfms@chello.at

United States Mission to the OSCE
Ambassador James Warlick
Tel. 43 1 31 339
Fax 43 1 36 863 85
pa-usosce@state.gov

“Let us highlight what unites us, not what separates us. What unites us are the objectives of the Council of Europe, namely strengthening human rights, democracy and the rule of law while remembering always that our values cannot be taken for granted, and that we must defend them each and every day.»

(c) Anne Brasseur, PACE President

Dear Mr. TALÒ!

My name is Milana Gorenstein, I am from Baku (Azerbaijan). Since 1988 I live in Jerusalem (Israel). I was the only female independent candidate during the presidential elections -2013 in Azerbaijan.

This letter is a response to official visit of “President” of the Republic of Azerbaijan Ilham Aliyev to Italy on July, 2014. I ask you to transfer the letter and the attached documents (102 pages of complaint No. 25718/14 to European Court of Human Rights (ECHR)) to the Government and the MFA of the Italian Republic.

During the mentioned visit a few agreements were signed by the parties, including a declaration on strategic partnership, which provides, in particular, the close cooperation between the two countries in resolving the Nagorno-Karabakh conflict on the basis of the recognition of the sovereignty, territorial integrity and the sanctity of borders of Azerbaijan. The agreements are presented to general public by the official media of Azerbaijan as a “great success” of Azerbaijani officials. In fact, it was one more attempt of the government of Azerbaijan to violate the international law and create a new legal precedent, based on lies.

I understand that, while signing the documents, the Azerbaijani officials did not inform their Italian partners on lawsuits and other processes that have started just after the presidential elections — 2013 in Azerbaijan, and currently in progress, related to the Succession of State of Azerbaijan according to principles of international law and the final status of the Nagorno-Karabakh.

In this regard I would like to inform the Government of the Italian Republic that:

Presidential elections-2013 in Azerbaijan were totally falsified (see the attached ECHR trillion-Euro lawsuit No. 25718/14). Therefore, any document signed by the non-legitimate “President” will be considered null and void.

Azerbaijan proclaimed its independence in October 1991, before the official dissolution of the USSR. Earlier, in September 1991, the disputed Nagorno-Karabakh region re-affirmed its willingness to create a separate state as the Nagorno-Karabakh Republic.

In his appeal to the Azerbaijani people on the 80th anniversary of creation of the People’s Republic of Azerbaijan in 1998, national leader Heydar Aliyev divided the period after creation of the People’s Republic of Azerbaijan in 4 phases.

The first phase — 1918-1920 – existence of the People’s Republic of Azerbaijan (another name — Democratic Republic of Azerbaijan, ADR);
the second phase — 1920-1922 – existence of the Soviet Socialist Republic of Azerbaijan;
the third phase — 1922-1991 – totalitarian regime, communist ideology prevail in Azerbaijan, which exists in the Union together with other ally republics;
the fourth phase – from December 1991, declaration of state independence of Azerbaijan as result of the collapse of Soviet Union till present.

The modern Republic of Azerbaijan is political successor of the People’s Republic of Azerbaijan (another name — Democratic Republic of Azerbaijan, ADR). The Constitutional Act on Independence adopted on October 18, 1991 says that independence lost in 1920 is restored. Being the political successor of the People’s Republic, the Republic of Azerbaijan adopted its flag, emblem and anthem. May 28, 1918, the day the Independence Declaration was declared, is celebrated today as Republic Day. People’s Republic of Azerbaijan (another name — Democratic Republic of Azerbaijan, ADR) did not include Nagorno-Karabakh within its borders as a part of the state!

The modern world is dwelling in a crisis. The world peacekeeping organizations, called upon to protect this world, are also in crisis. In some cases, their actions cause problems that they should be eliminating in the first place.

The Nagorno-Karabakh war, that took place in the late 1980s to May 1994, had over 20 000 people killed and created over a million refugees; about 500 000 of them – refugees from Azerbaijan, mostly Armenian (as well as Russians, Jews and members of mixed families), that have been forced to flee to Armenia, NKR, Russia, USA and other countries. Many people (including myself) hold the passports of USSR and no country is ready to take a legal responsibility on them according to Succession of States law.

The OSCE Minsk group was established to resolve the Nagorno-Karabakh conflict, however its efforts have not resulted in much success. Contrary to the Azeri refugees from Armenia and Nagorno-Karabakh, the refugees from Azerbaijan have never been in focus of negotiations that took place under the patronage of the OSCE Minsk group, as if 500 000 people “disappeared in the air”…

But we exist and we fight for our rights!

The lack of progress in Nagorno-Karabakh peace settlement negotiations created a real threat of new war and a serious risk to security in the South Caucasus region. The conditions of the long-term media war have raised new generations of Azerbaijanis and Armenians that see the enemy in the neighboring people. The consequences of mutual demonization lead to genocide and war crimes against civilians, crimes against humanity. We must learn the history lessons and never let this happen again in the future.

Nagorno-Karabakh Republic has not been diplomatically recognized by any other state. As such, the region, effectively independent since the beginning of the Nagorno Karabakh War in 1991, is largely considered de jure part of Azerbaijan until a final solution to its status is found through negotiations. It is a huge legal mistake that have to be fixed as soon as possible.

Since the Republic of Azerbaijan ignores the rights of the former citizens of Soviet Socialist Republic of Azerbaijan (see the documents of ECHR case No. 25718/14), Nagorno Karabakh Republic within its current borders, according to international law, is the only State successor for 500 000 refugees from Azerbaijan.

“Truth’s onward march continues also in this case”, once said the PACE President Anne Brasseur, “…all criminals must be prosecuted and held responsible for their illegal acts, whichever side they belonged to and irrespective of their political role”.

The Azerbaijani officials lied over two decades to people of Azerbaijan and to international community, trying to convert their propaganda slogans into legal reality. The ECHR answer to my complaint No. 25718/14 created a new legal reality. Since the ECHR disagreed to be involved in finding a legal solution for the presented problems, today the Nagorno-Karabakh conflict and problems of refugees can only find a solution based on principles of international law related to Succession of States. Any world state that will support the illegal statements of the Azerbaijani officials in relation to Nagorno-Karabakh territory, should take responsibility on destiny of 500 000 Armenian refugees and can expect over 1 million lawsuits from both Azerbaijani and Armenian refugees on violations of their rights.

I appeal to Government of The Italian Republic to undertake all due steps to prevent new bloodshed and support our efforts to establish peace in the South Caucasus. Nagorno-Karabakh Republic should be recognized as a neutral independent state (based on precedent of Turkmenistan). The compensations and other issues, related to refugees from both sides, will be resolved during further negotiations. The complete plan for peaceful resolution of Nagorno-Karabakh conflict, developed by “AZAM21” peacemaking group, will be presented to OSCE Minsk group co-chairs and other international organizations on August, 2014.

As a leader of “AZAM21” peacemaking group, I strongly believe that the real peace solution lies in the destruction of image of the enemy, reestablishment of lost neighborly relations, peaceful conflict resolution based on principles of international law without double standards, and, most importantly, in the bringing back of the VALUE OF HUMAN LIFE to the political and public agenda. This will bring hope of reducing global tension, and a more secure world for generations to come.

With my esteem and respect,

Milana Gorenstein, LL.B
/HM Queen Maria II of Jerusalem and of Nagorno-Karabakh/

International lawyer, journalist
Former member of the Board of Directors of Amnesty International (Israel)
Founder of “AZAM21” peacemaking group
Founder of “Karabakh Our Home” International civil movement

Short link — http://wp.me/pYsEi-IR