This page summarizes cases raised with Azerbaijan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Azerbaijan. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Azerbaijan, English). First Report (May 1, 2011 to March 15, 2012) Joint allegation letter, 24/08/2011. Case no. AZE 2/2011. State Reply: 08/09/2011. Arbitrary demolition of a building housing the Institute of Peace and Democracy. Joint allegation letter, 27/09/2011. Case no. AZE 3/2011. State Reply: None to date. Arbitrary demolition of a building housing the Women‟s Crisis... Continue reading →
UN Special Rapporteur Maina Kiai has authored a piece on his mandate's litigation project for the latest edition of Sur, the international journal of human rights journal published by Conectas. The piece appears in Sur issue 22, and gives an overview of the litigation project and the cases it has handled thus far. Launched in 2014, the litigation project focuses on providing technical assistance and advisory services for public interest litigation on assembly and association issues. The aim of the project is to increase such litigation and encourage the application of international law norms at the domestic level. The Special Rapporteur has also submitted three amicus briefs in cases relevant to the rights to freedom of peaceful assembly and of association. "Litigation does present advantages unique among rights-promotion tools," Kiai writes in the Sur piece. "When used in the right context, for example, it can ensure concrete remedies: accountability, compensation and some closure. Litigation can also shine a light on repression by forcing the government to address issues head-on in a public setting, whether through written procedures or open hearings. Independent courts and strong rulings can provide backing for activists, halt abuses and command societal change." The essay provides an in-depth... Continue reading →
Issue No. 17 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • UN experts warn that Brazil anti-terrorism law may threaten fundamental freedoms • Kiai urges European Court to establish “clear and strong standards” on assembly rights • Burundi: Experts urge Security Council to follow resolution with ‘concrete’ steps • Bangladesh NGOs: Kiai warns against proposed funding bill • Special Rapporteur urges Chile to scrap proposed ‘identity check’ bill • High time to protect sexual and reproductive rights defenders in the Americas • Civil society needs ‘new tactics’ to reverse shrinking space, Special Rapporteur tells Asia-Pacific activists in Seoul • Background reports compare laws on businesses and CSOs in 34 states • Freedom of association and assembly: By the numbers • Special Rapporteur news in brief: November-December 2015 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (4.1MB file) or here (6.8MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line... Continue reading →
NAIROBI/GHENT/STRASBOURG – Special Rapporteur Maina Kiai has joined with Ghent University’s Human Rights Centre to file a third party intervention in four cases before the European Court of Human Rights. The cases, Mahammad Majidli v. Azerbaijan (no. 3) and three other applications, concern the exercise of the right to freedom of peaceful assembly in Azerbaijan. At issue is the Court’s interpretation of Article 11 of the European Convention on Human Rights, which enshrines the right to freedom of peaceful assembly. The submission from the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Human Rights Centre, calls upon the Court to clarify its jurisprudence on the right to freedom of assembly and to establish “clear and strong protective standards.” “States are increasingly limiting the right to freedom of assembly using justifications such as ‘unauthorized assemblies’ or ‘unlawful assemblies’ with consequent measures such as administrative and criminal sanctions,” the authors write. “The cases before the Court provide an excellent opportunity for the Court to clarify the use of these notions and measures in light of the legal protection guaranteed by Article 11 of the Convention.” The brief focuses on the need to... Continue reading →
Issue No. 15 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • UN releases Kiai’s next report to the General Assembly: Comparing States’ treatment of business and civil society • Mexico: Special Rapporteur weighs in on case challenging constitutionality of protest laws • ‘Stop the erosion of democracy’ – UN experts urge Governments across the world • Peaceful protest recommendations project: Asia and Africa meetings • Ecuador: UN and IACHR experts condemn moves to dissolve prominent organization • Mauritania: UN rights expert urges repeal of NGO Bill that threatens civil society • Human rights defender stories from Kazakhstan, Burundi and Azerbaijan • Freedom of association and assembly: By the numbers - sectoral equity edition • Special Rapporteur news in brief: July-August 2015 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (1.5MB file) or here (4.5MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent... Continue reading →
GENEVA – A group of United Nations human rights experts, including Maina Kiai, today condemned the recent prison sentencing of prominent Azerbaijani human rights activists Leyla and Arif Yunus as “manifestly politically motivated and representative of the continuing repression of independent civil society in Azerbaijan.” On 13 August 2015, the Baku Grave Crimes Court sentenced Ms. and Mr. Yunus to eight and a half and seven years’ imprisonment respectively on charges of fraud, tax evasion, and illegal entrepreneurship. They also face charges of treason. “The authorities of Azerbaijan must put an end immediately to all forms of persecution against human rights activists in the country,” the experts said. “Leyla and Arif Yunus are two of many activists in Azerbaijan, which include Anar Mammadli, Rasul Jafarov and Intigam Aliyev, who have been targeted because of their legitimate human rights work.” “Criminalization of those working for the promotion and protection of human rights in the country is deeply disconcerting,” the experts said, reiterating a call on the authorities they made one year ago “to reverse the trend of repression, criminalization and prosecution of human rights work in the country.” “Silencing these prominent voices is having a devastating impact on the... Continue reading →
Issue No. 13 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • UNSR presents latest reports to Human Rights Council; calls for binding human rights treaty for corporations • Cambodian civil society excluded from NGO bill drafting process, UN rights expert warns • Kiai joins experts to speak out on youth LGBT rights • “Azerbaijani activists must be freed before the Baku 2015 Games” • Bolivia: Special Rapporteur files amicus curiae brief challenging NGO regulations • The Special Rapporteur announces official visit to Chile in September 2015 • Freedom of association and assembly: By the numbers • Special Rapporteur news in brief: May-June 2015 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (3.6MB file) or here (12.3MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 2, No. 1 (Issue 10) (January 2015) The Assembly and Association Briefing,... Continue reading →
GENEVA – The United Nations Special Rapporteur on the situation of human rights defenders, Michel Forst, today criticised the “relentless prosecution and repression of prominent rights activists in Azerbaijan” and called for their immediate release ahead of the inaugural European Games in Baku which begin on 12 June. “As preparations were in full swing for the Baku Games, the Azerbaijani authorities stepped up their efforts to harass, jail, and surveil human rights defenders, as well as ban them from travel and freeze their assets,” the independent expert said. “Such unjustifiable criminalization has been usually justified with trumped-up or politically-motivated charges of state treason, illegal entrepreneurship, tax evasion and abuse of office,” Mr. Forst said. “As a result, most Azerbaijani defenders have had to endure prolonged pre-trial detention, imprisonment or exile.” The UN expert drew special attention to the cases of Intigam Aliyev and Khadija Ismail for documenting cases of political prisoners; Anar Mammadli, Bashir Suleymanli and Elnur Mammadov for monitoring the presidential elections in October 2013; Leyla Yunus and her husband, Arif, for criticising the government; and Rasul Jafarov for organising the “Sport for Rights” initiative during the Baku Games to... Continue reading →
Issue No. 7 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • Kiai makes official visit to Oman; says it’s time for sultanate to build on economic development and fully embrace human rights • UN experts urge Bahrain to release human rights defender Maryam Al-Khawaja • Iran: Kiai condemns the recent wave of arrest and sentencing of civil society actors • UN experts urge Tasmania to drop bill that would limit protests against businesses • Kiai and others call on the government of Azerbaijan to stop persecution of rights activists • UNSR makes follow-up visit to Rwanda • Freedom of association and assembly: By the numbers • Special rapporteur news in brief: July-September 2014 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (3.1MB file) or here (9.5MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 1, Issue 4 (May 2014) The Assembly and Association Briefing,... Continue reading →
GENEVA – United Nations human rights experts, including Maina Kiai, today condemned the growing tendency to prosecute prominent human rights defenders in Azerbaijan, and urged the Government “to show leadership and reverse the trend of repression, criminalization and prosecution of human rights work in the country.” “We are appalled by the increasing incidents of surveillance, interrogation, arrest, sentencing on the basis of trumped-up charges, assets-freezing and ban on travel of the activists in Azerbaijan,” they said. “The criminalization of rights activists must stop. Those who were unjustifiably detained for defending rights should be immediately freed.” The experts highlighted the specific cases of Leyla Yunus, director of the Azerbaijani Institute of Peace and Democracy; Arif Yunus, head of Conflict Studies in the Institute of Peace and Democracy; Rasul Jafarov, coordinator of Art of Democracy and head of Human Rights Club; and Intigam Aliyev, chair of Legal Education Society. “We are alarmed at the wave of politically-motivated repression of activists in reprisal for their legitimate work in documenting and reporting human rights violations,” they noted, reiterating their grave concerns about the deteriorating situation in the country for the third time in less than a... Continue reading →
