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).
Observations
The Special Rapporteur notes the responses to the communications he sent on 24 August 2011 and on 27 September 2011. He regrets however that no reply has been received from the Government of Azerbaijan to the joint letter sent on 5 March 2012 concerning the 2009 Law on Non-Governmental Organizations and the grave challenges faced by NGOs as well as the de facto ban on peaceful assemblies in Baku.
He recommends the Government to revise the aforementioned law to ensure its revised version complies with international human rights law. He is available to provide any technical assistance the Government might require in this regard.
With regard to the allegations of arbitrary demolishing of houses resided by NGOs, the Special Rapporteur remains concerned that the demolition of the building and the continuing harassment of its staff might be connected to their legitimate human rights activities.
In terms of the peaceful protests held in and around the city of Baku in March 2012, the Special Rapporteur is gravely concerned that the referred victims may have been subjected to acts of ill-treatment for exercising their legitimate rights to freedom of opinion and expression, and to peaceful assembly. While he notes the reply in which the Government details the procedure that was followed to detain those mentioned in the communication, the Government still needs to respond to the serious allegation of ill-treatment of protesters. He recommends the Government to put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate freedom of association without undue hindrances. A thorough, impartial and independent investigation into any allegation of human rights violations, including acts of intimidation or harassment committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur would like to refer to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Azerbaijan of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Azerbaijan for its responses to his communications of 22 March 2012 and 1 February 2013, but regrets that it did not respond to the other communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communications.
The Special Rapporteur remains seriously concerned about the legislative amendments to the law on Freedom of Assembly, the Administrative Offences Code and the Criminal Code adopted in November 2012 increasing fines and criminalizing breaches of the regulations regarding the organization and participation in peaceful assemblies. He calls on the authorities to bring the legal framework governing the exercise of the right to freedom of peaceful assembly in conformity with international human rights norms and standards. He is available to provide any technical assistance deemed necessary in this regard (see notably A/HRC/20/27).
The Special Rapporteur urges again the authorities to ensure that no individual is criminalised for the peaceful exercise of his fundamental freedoms, and to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends again that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation over any allegations of human rights violations or abuses should be conducted, those responsible should be held accountable, and victims should be provided with full redress.
In the run-up to the presidential election scheduled in October 2013, full respect for the rights to freedom of peaceful assembly and of association is paramount. In this context, the Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur thanks the Government of Azerbaijan for its invitation to conduct an official visit to the country, and hopes to honour the invitation in the near future.
Observations
The Special Rapporteur thanks the Government of Azerbaijan for its replies, but regrets that it did not respond to his letter of 26 November 2013. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.
The Special Rapporteur remains seriously concerned about the legislative amendments made to the Law on Freedom of Assembly, the Administrative Offences Code and the Criminal Code in December 2012, under which peaceful gatherings can now be criminalised when they “cause the significant violation of the rights and legal interests of citizens” (art. 169, para. 1 of the Criminal Code). More generally, he expresses his serious concern about the shrinking of the space for the peaceful promotion of human rights and fundamental freedoms in Azerbaijan, including the rights to freedom of peaceful assembly and of association.
The Special Rapporteur remains similarly concerned that the legislative amendments to the Code of Administrative Offences, the law “on non-governmental organizations” and the law “on grants” could be used to hinder the work of non-governmental organizations in Azerbaijan. These amendments have increased the penalties in cases where organizations do not register with the Ministry of Justice, and have defined what constitutes a “donation” for the purposes of grants legislation. Therefore, only those organizations whose causes are approved by the Government via registration are legally entitled to receive funds for their cause. In this regard, the Special Rapporteur called on State to “[t]o ensure that associations – registered and unregistered – can seek, receive and use funding and other resources from natural and legal persons, whether domestic, foreign or international, without prior authorization or other undue impediments, including from individuals; associations, foundations or other civil society organizations; foreign Governments and aid agencies; the private sector; the United Nations and other entities” (A/HRC23/39, para. 82(b)).
The Special Rapporteur, jointly with the Special Rapporteur on freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders, issued a press release on 4 October 2013[1] about the importance of the work of human rights defenders and civil society organizations in the run-up to the presidential elections in Azerbaijan, which took place on 9 October 2013.
The Special Rapporteur, jointly with the Special Rapporteur on the situation of human rights defenders, issued a follow-up press release on 9 May 2014 over the charges brought against Messrs. Anar Mammadli, Bashir Suleymanli and Elnur Mammadov in the aftermath of the 2013 presidential elections in Azerbaijan.[2] The Special Rapporteurs were seriously concerned that the three human rights defenders were being prosecuted in retaliation for their legitimate work in documenting alleged widespread irregularities and human rights violations around the presidential election. The Special Rapporteur was troubled to learn that on 26 May 2014, Messrs. Anar Mammadli and Bashir Suleymanli were sentenced respectively to five years and six months, and three years and six months, in prison, with deprivation of their right to occupy positions in State and municipal bodies for three and two years respectively. Mr. Mammadov was sentenced to two years of conditional penalty with deprivation of his right to occupy positions in State and municipal bodies for two years. The Special Rapporteur calls on the authorities to release the defenders immediately, and reinstate their rights.
Full respect for the rights to freedom of peaceful assembly and of association is paramount in Azerbaijan. In this context, the Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur hopes to be able to honour the invitation of the Government of Azerbaijan to conduct an official visit to the country soon.
[1] “UN experts urge Azerbaijan to recognize and enable the role of rights defenders in run up to elections” (4/10/2013): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13829&LangID=E
[2] “UN Experts urge Azerbaijan to drop charges against human rights defenders” (09/05/14): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14582&LangID=E
Observations
Responses to communications
The Special Rapporteur takes notes of the Government’s reply to one of his communications in period under consideration. He regrets that three other communications have not received a reply to date and recalls that responses to his communications as an important part of the cooperation of Governments, in accordance with Human Rights resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). He calls upon the Government to continue engaging with his mandate on these crucial issues.
Environment in which these rights are exercised
The Special Rapporteur expresses his continued concern over the tendency to prosecute prominent human rights defenders in Azerbaijan, which he highlighted in a joint Press Release on 19 August 2014 (PR 19/08/2014). He notes increasing incidents of surveillance, interrogation, arrest, sentencing on the basis of trumped-up charges, assets-freezing and ban on travel of the activists in the country and expresses alarm at the upsurge in the politically-motivated repression of activists in reprisal for their legitimate work in documenting and reporting human rights violations. He recalls that authorities have legal obligations under international human rights law to guarantee that everyone in Azerbaijan can exercise their rights to peaceful assembly and association without undue interference.
The Special Rapporteur reiterates his concern about the arrest of Mr. Intigam Aliyev, a human rights lawyer and head of the Legal Education Society, a human rights organization that appears to be the result of his organization’s peaceful work promoting and protecting human rights (AZE 5/2014). In view of Mr. Aliyev’s pre-trial detention, the Special Rapporteur remains similarly concerned about the physical integrity and safety of civil society activists who work on human rights in Azerbaijan in light of the increased targeting of human rights defenders and the organizations to which they are associated. He requests the Government to keep him informed about the current status of the case and measures put in place in Azerbaijan to ensure that human rights defenders, and in particular lawyers, are able to carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
In relation to the case of Ms. Leyla Yunus, director of the Azerbaijani Institute of Peace and Democracy, and Mr. Arif Yunusov, a scholar and head of Conflict Studies in the Institute of Peace and Democracy, as well as Mr. Rasul Jafarov, the coordinator of Art of Democracy, the Special Rapporteur expresses concern that the violations against them may be linked to their legitimate human rights activities (AZE 4/2014). An earlier communication detailed reports of questioning, searches and restrictions of movement of Ms. Leyla Yunus and Mr. Arif Yunusov as well as the confiscation of equipment and material from their organization, the Institute of Peace and Security, and the deportation and detention on charges of treason and espionage of journalist Mr. Rauf Mirkadyrov (AZE 3/2014). The Special Rapporteur seeks up-to-date facts concerning the status of these cases and requests information about what actions have been taken to ensure that the legitimate right to freedom of association is respected and that the physical and psychological integrity of those exercising this right is guaranteed in the country.
While the Special Rapporteur takes note of the Government’s response on 15 July 2014 to his communication sent on 6 May 2014 (AZE 2/2014), he reiterates his concerns over the situations of Mr. Anar Mammadli and Mr. Bashir Suleymanli of the Azerbaijani Election Monitoring and Democracy Studies Centre, and Mr. Elnur Mammadov of the Volunteers of International Cooperation Public Union. He recalls that their convictions appear to be in retaliation for their legitimate work in documenting alleged widespread irregularities and human rights violations around the presidential elections of 9 October 2013. The Special Rapporteur repeats his calls to the authorities to immediately release Mr. Mammadli, Mr. Suleymanli and Mr. Mammadov, and reinstate their rights.
Negative obligation of the State to not to unduly interfere with these rights
In relation to the freezing of the accounts of at least nine non-governmental organizations (AZE 5/2014), the Special Rapporteur recalls that the ability for associations to access funding and resources is an essential and vital part of the right to freedom of association (A/HRC/20/27, paragraphs 67). He invokes article 13 of the Declaration on Human Rights Defenders which states that “everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present Declaration”. The Special Rapporteur interprets this to mean that organizations should be able to use their available resources to undertake their activities and views the freezing of accounts as impeding these activities (A/HRC/23/39, paragraph 17). He recalls that the State committed to protecting and promoting the rights set forth in international law and standards, and in that regard, looks forward to receiving further information on the outcome of the proceedings and investigations related to the judicial freeze of the nine non-governmental organizations in this case.
Concerning the registration of Mr. Jafarov’s organization, Human Rights Club, and the foreign funding it received, he recalls that a regime of notification to establish an association should be in force and associations should be established following a process that is simple, easily accessible and non-discriminatory (AZE 4/2014). If registration of an association is denied, the corresponding registrations bodies should provide a comprehensive and timely written explanation and the associations should be able to challenge any rejection before an impartial and independent court. He stresses that any associations, including unregistered ones, should be permitted to function freely, with their members operating in an enabling and safe environment (A/HRC/23/39, paragraph 95 and 96).
Country visits
The Special Rapporteur hopes to be able to honour the invitation of the Government of Azerbaijan to conduct an official visit to the country in the near future, within the framework of his pre-existing mandated activities, and reiterates his appreciation to the Government for its collaboration in relation to this request.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Azerbaijan for responding to all the communications sent during this reporting period.
The Special Rapporteur welcomes the recent release of several prominent human rights activists. On 17 March 2016, Mr. Rasul Jafarov and Mr. Anar Mammadli were released as part of a presidential pardon, and no more charges are reportedly pending against them. On 28 March 2016, Mr. Intigam Aliyev was released after the Supreme Court decided to convert his 7.5-year prison sentence to a five-year suspended term. On 25 May 2016, the Supreme Court released Ms. Khadija Ismail on a 3.5-year probation with a 2-year ban on professional activities (she spent 1.5 years in prison). The Special Rapporteur calls on the authorities to lift this ban.
Regarding the case of Ms. Leyla Yunus and Mr. Arif Yunusov, the Special Rapporteur welcomes the suspension of their sentence and their subsequent release from detention. However, he remains concerned at the charges that remain outstanding against them, and the limited nature of their freedom. Furthermore, he remains very concerned for their health conditions, which are reported to have seriously deteriorated during their period in detention, with allegations of the failure to provide them with adequate and independent medical assistance whilst detained.
In relation to the case of the journalist, Mr. Rasim Aliyev, the Special Rapporteur strongly condemns the killing of Mr. Aliyev and acknowledges receipt of the Government’s reply of 30 October 2015 (AZE 4/2015). He expresses grave concern that Mr. Aliyev was killed for his journalism and for exercising his right to freedom of association and freedom of expression and opinion. The Special Rapporteur appreciates the information provided by the Government in relation to the ongoing investigation into Mr. Aliyev’s killing and would appreciate an update on the outcome of the investigation, including whether anyone has been held accountable for his killing.
The Special Rapporteur remains serious concerned about several dozens of individuals still in detention because of the exercise of their rights to freedom of peaceful assembly and/or association. He urges the authorities to release them without delay, drop all outstanding charges against them and lift all the restrictions imposed on them. He further urges the authorities to bring its legislation regulating the operations of, and use of foreign funds by, NGOs in compliance with international human rights norms and standards.
In this regard, the Special Rapporteur reminds the Government of Azerbaijan of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur thanks again the Government of Azerbaijan for its invitation, and hopes to be able to undertake a visit in September 2016.
None
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
