Introduction
(Updated 17th May 2014) Azerbaijan remains an authoritarian country, where civil and political rights are severely restricted and violated. The political power is completely concentrated in the hands of the President, Ilham Aliev and the ruling party directly affiliated with him. According to international observers, the last parliamentary elections held in 2010 were rigged in favour of the ruling party. Restrictions on freedom of expression, including intimidation and arrest of journalists and human rights activists were frequent. Media is mostly state-controlled and its freedomseverely restricted. Anti-government protests have been seriously curtailed by the authorities, a prime example of which were the rallies preceding the Eurovision back in 2012. Other grave human rights problems include a corrupt justice system, frequent cases of arbitrary arrests, detentions, torture, ill-treatment of prisoners, obstruction of civil society organisations, discrimination against sexual and racial minorities and persons with disabilities.
Human rights defenders
Human rights defenders in Azerbaijan are facing difficulties and security risks when investigating and exposing human rights violations committed or sanctioned by the state, engaging in confidence building activities, or challenging discriminatory laws, traditions and stereotypes. Therefore, they and independent journalists face a high risk of criminal persecution and violence in their daily work. In spring 2012, authorities opened criminal cases against two human rights defenders, Ilham Amirslanov and Taleh Khasmammadov, who were involved with the work of civil society organisation Kur Civil Union, in retaliation for their work in protecting flood victims in Southern Azerbaijan. The former was charged with with illegal possession of weapons. Taleh Khasmammadov, who investigated the allegations of abuse and corruption by law enforcement officials, was convicted on charges of hooliganism and physical assault of public officials. Civil rights organisations were widely obstructed from their work. For example, Azerbaijan Human Rights House remained closed following the Ministry of Justice decision to supsend its registration in 2011.
There is also the risk of societal misconception of human rights defenders work and as a result, they often face a lack of understanding or hostility from the general public.
With regards to the Armenian-Azerbaijani conflict in the Nagorno-Karbakh Republic, the widespread feeling of insecurity places limits on the work carried out by civil society . The atmosphere of mistrust and fear obstructs human rights work and also creates conditions where triggers could easily escalate violence in the area . The risk of a possible armed confrontation also puts human rights defenders in one of the highest risk categories due to the nature of their work.
The right to life and physical integrity
The death penalty was abolished in Azerbaijan in 1998. The last execution took place in 1992. However, torture and ill-treatment continue with impunity in government run detention facilities. Despite the adoption of legislation providing for the ethical treatment of detainees, inhumane treatment in prison intensified in 2012 as the country prepared to host the 2012 Eurovision Song Contest. Azerbaijan has undertaken some reform measures to strengthen the penal system. Some new prisons have been built and a general upgrading of the infrastructure has been completed. A committee for review of prison conditions has been established, and the Azerbaijani State Human Rights Ombudsman has conducted visits to prisons and detention centers. However, poor nutrition, inadequate health care, infectious diseases and suicides are still common in Azeri prisons.
Local human rights organisations have reported a high number of abuses and deaths in the military.
The right to liberty and security of person
Arbitrary detentions are widespread and have increased over recent years. Many critics of the country’s deteriorating human rights situation have been put behind bars on fabricated charges – sometimes the accusations were changed while the detainee were awaiting trial. Members of the opposition parties, youth workers, as well as journalists have been affected the most. The editor of the Talysh newspaper, whose charges were changed in such a manner from drug possession to bribery in 2012, is one of the most famous faces of freedom of expression within Azerbaijan. His predecessor, the former editor-in-chief of the newspaper, died in prison in 2008 due to maltreatment and lack of access to basic health care and sanitary facilities.
The cases of politically motivated disappearances have not widely been reported.
A 2011 report indicated at least 16 political prisoners being held in Azerbaijani prisons. National civil society organizations estimates that between 23 and 45 people were imprisoned for political reasons in mid-2011.
The right to a fair trial and an effective remedy
The rule of law in Azerbaijan is considered inadequate and is not independent of executive influences. The judiciary system also suffers from corruption, inefficiencies and understaffing. Equality before the law is inadequate. A 2012 OSCE review of the judicial system stressed the occurrence of torture and threats connected to legal proceedings. The Azerbajani authorities generally acknowledge problems within the justice system and have taken a number of steps in recent years to try and reform it. A legal academy has been established. Recruitment and training of new judges is ongoing, and the number of graduated judges has also increased. Judicial infrastructure, court rooms and prisons have been subject to rennovations and upgrades. In spite of all these recent improvements – more judges, better selected and qualified, more aware of international human rights standards – the actual independence of the judiciary is still far from being secured. Dubiously motivated criminal prosecutions and disproportionate sentences by politically influenced judges remain a concern.
The right to respect for private and family life
Government surveillance is a major concern in the country, and, in light of the Arab Spring and social media revolutions in the Middle East, the regime has especially tightened its grip on monitoring social media and new technology. Blanket surveillance of Azerbaijan’s mobile-phone networks is carried out with the assistance from the telecommunications company TeliaSonera, a third of which is owned by the Swedish state. Sources from within the company described how in Azerbaijan, TeliaSonera’s subsidiary, Azercell, installed devices known internally as “black boxes,” which allowed for real-time blanket monitoring of all mobile traffic without court orders or warrants. Azercell even hosts government security personnel on company premises. Dissidents are especially exposed to surveillance from the authorities. In 2011 for example a journalist was secretly filmed while having sex, and the video was put online after she published controversial articles about the president’s family.
The right to freedom of thought, conscience and religion
Azerbaijan is a secular state with Islam overwhelmingly as the dominant religion. In 2010, all religious communities were forced to re-register with the State Committee for Work with Religious Organizations by January 1, 2010, or face possible closure. The state denied registration to Baku’s Baptist Church, its Catholic Parish, and its Seventh-day Adventists and Jehovah’s Witnesses. Religious groups are still harassed in Azerbaijan, especially Jehovah´s witnesses, for distributing religious literature without state permission. In December 2011, the president signed legislative amendments criminalising the illegal production, distribution, and import of religious literature not approved by state. A new criminal code article punishes the creation of any group that undermines social order under the pretext of carrying out religious work. In December 2010 the government banned women from wearing head scarves in schools and universities, leading thousands to drop out.
The right to the freedom of expression
Freedom of expression in Azerbaijan is severely restricted. Libel is criminalised. Defamation remains a criminal offense punishable by high fines and imprisonment – the respective amendments to the law imposing even harsher punishments and extending criminal defamation provisions to online content were adopted by parliament in May 2013. Journalists are threatened and assaulted with impunity, many of them are being jailed on fabricated charges. Internet and social media remained almost the only channels of anti-government voices. However, the government has repeatedly blocked some websites that feature opposition viewpoints and has intimidated the online community through harsh treatment of bloggers critical to the regime as well as carrying out extensive surveillance of social media. The Ministry of Justice has repeatedly refused registration to the Media Monitoring Institute, which has attempted to register 6 times since 2009. Foreign-language FM media broadcasting as well as foreign-language TV-shows and films are outlawed. The latter was enacted in May 2012. The situation worsened after the 2012 Eurovision Song Contest. A July 2012 speech given by President Aliyev – branded civil rights activists as “anti-nationalist forces” and “traitors to the nation” for exposing human rights problems in the country – marked a new era for oppression of free thinkers and civil activists.
The right to freedom of assembly and association
People´s fundamental right to freedom of peaceful assembly is extensively violated. In early November 2012 the Azeri government introduced amendments to the law to raise the punishment on peaceful protestors. According to the Criminal Code of Azerbaijan, anyone involved in a ´´legally banned demonstration´´ can be imprisoned. Officials did not authorise any demonstrations in central Baku, and the police quickly and often violently dispersed those unauthorised protests. Police detained more than 50 activists in March 2012 after pro-democracy protests, inspired by the Arab Spring. The courts tried dozens in closed-door, late-night trials, sentencing activists for up to 10 days. In an unauthorised rally on April 2012, police physically obstructed protesters from gathering and detained over 200 people—including public figures, journalists, and opposition activists—14 of whom were sentenced in unfair trials receiving up to three years in prison. The situation worsened after the Eurovision with Azerbaijan cracking down on demonstrations even in front of the international community.
Legal amendments enacted in 2009 require non-governmental organisations to register their grants with authorities and foreign NGOs to reach agreements with the government before opening offices in the country. NGOs that release reports revealing human rights abuses have been continuously pressured and harassed by authorities.
The right to protection against hate speech and war propaganda
The most common form of hate speech revolves around LGBT issues. Politicians and public figures in Azerbaijan often make degrading and discriminatory statements about homosexuality. Reports of alleged homosexual orientation have also been used to discredit political opponents and journalists.
The right to political rights
The political power is largely concentrated in the hands of the president. The interference of authorities into the electoral process is pervasive. A large number of registered parties don’t offer political pluralism in practice as many act as supporting parties to the incumbent government. Actual oppositional parties are not represented in the parliament. Prominent political families exercise strong power, and the system is characterised by corruption and bias.
The 2008 presidential elections led to the appointment of Ilham Aliyev, the son of the previous president Heydar Aliyev, for a second term. He officially won 89 percent of the votes but overall, widespread cheating occurred. The last parliamentary elections held in 2010 did not meet international standards of fair and democratic elections. Most oppositional parties boycotted the election. Women essentially have the same rights of participation in elections as men. However, in practice, only 14 of the Parliament’s 125 sitting members are women and there are no female ministers.
While there were 50 registered political parties in the country, the ruling Yeni Azerbaijan party almost exclusively dominated the political landscape. On April 2012 the parliament passed amendments to the law on political parties that undermines political pluralism by establishing state funding for political parties, clarifying restrictions on political party financing and setting new rules for disclosure of private contributions.
The right to protection against discrimination
Among groups most frequently exposed to discrimination are internally displaced people, women, persons with disabilities, national and sexual minorities. Internally displaced people are at risk of being socially excluded and are characterised by higher poverty rates. They are affected by higher unemployment, in particular displaced women experience higher unemployment rates. In Azerbaijan, IDPs amount to more than 6 % of the total population. IDPs are frequently settled in remote rural areas, which also limit access to labour market opportunities and they are often dependent on government assistance. National minorities, first of all, people of Armenian decent amounting to 20,000 – 30,000, were discriminated in employment, housing and provision of social services. Azerbaijan decriminalised homosexuality in 2001 to coincide with its entry into the Council of Europe. However, the country has not signed Protocol 12 of the European Convention on Human Rights, which specifically refers to discrimination based on sexual orientation, nor has the country accepted the 2007 UN declaration on sexual orientation and gender identity. Azerbaijan has so far failed to enact laws that specifically ban discrimination based on sexual orientation and gender identity and provide effective protection to LGBT people. Homophobia and transphobia remain life-threatening. Police’s brutality against the LGBT community is common, but is often not reported because of fear of harassment, reprisals and social stigma. This is particularly pronounced in rural areas, especially in the southern parts of the country which border Iran. A local organisation, Gender and Development, specialises in these issues and has worked to make LGBT issues visible in the public debate since 2007. On a positive note, in May 2011, the Parliament adopted the Draft Law on Domestic Violence, thus criminalising domestic abuse and providing for the creation of aid centres for victims of violence.