Human Rights in Azerbaijan |
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Dozens of government officials, opposition politicians, and others arrested in November 2005 on charges of attempting to organize a coup remain in custody awaiting trial, and a few were sentenced. Torture in police custody, conditions of detention, and politically motivated arrests remain unresolved problems. Media freedom deteriorated, with violence against and arrests of journalists, as well as numerous defamation cases orchestrated by government officials. Many international actors publicly criticized the Azerbaijani government for its poor human rights record.
Politically-Motivated Arrests
In advance of the November 2005 parliamentary elections, authorities
arrested dozens of high-profile government officials, businessmen, and
opposition politicians on allegations of attempting to overthrow the government.
Almost all remain in pre-trial custody more than a year after their arrests.
Many complain of severe health problems caused or exacerbated by their
conditions of detention. Deputy Chairman of the opposition Azerbaijan Democratic
Party Natiq Efendiev was sentenced in September 2006 to five years’ imprisonment
for illegal possession of firearms, after charges of plotting a coup were
dropped. Former Economic Development Minister Farhad Aliev appealed to
the European Court of Human Rights concerning his arrest, prolonged detention,
and other alleged violations.
Among others arrested were three members of the youth group New Thinking,
including its head, Ruslan Bashirli, and his two deputies, Ramin Tagiev
and Said Nuri, on charges of accepting funds from the Armenian secret services
to carry out a coup. Their trial began on March 31, 2006, and for several
weeks was closed allegedly due to concerns about national security and
the safety of witnesses. The trial was later made public, but there is
evidence that it did not meet fair trial standards. At trial Bashirli stated
that he had been beaten and offered money in an attempt to persuade him
to confess. On July 12 all three were convicted of attempting violent overthrow
of the government. Bashirli and Tagiev received prison sentences of seven
and four years respectively, and Nuri received a five-year conditional
sentence owing to his severe health problems. On September 28 the Court
of Appeal reduced Tagiev’s prison term by one year.
On December 20, 2005, police in Bilasuvar district arrested opposition
activist and election commission member Gadir Musaev on drug charges. During
the 2005 election Musaev refused to sign election result protocols that
he said were falsified. He received a seven-year prison sentence.
Torture and Inhuman Treatment
Torture remains a widespread and largely unacknowledged problem in
Azerbaijan.
In May 2006 the trial began of three boys from a village near Baku
who were subjected to severe beatings and other forms of torture by police
and investigators in March 2005. The main evidence against the boys were
the coerced confessions and incriminating statements against one another
for participation in a murder, which they all maintained none of them committed.
The government refused to conduct a meaningful investigation into these
and other allegations of abuse.
At least two people died in pre-trial custody in 2006: Namik Mamedov,
on April 3, and Rasim Alishev, on July 25. It is not known whether authorities
carried out effective investigations into their deaths.
Nongovernmental organizations continued to receive reports of torture,
particularly in police lockups. Sentenced prisoners complained of ill-treatment
in the form of beatings, inadequate food, insufficient medical care, and
lack of information and purposeful activities. Dozens of prisoners serving
life sentences in Gobustan prison went on hunger strikes to protest their
particularly harsh conditions, and three suicides were reported in that
facility.
Media Freedom
Journalists, particularly those associated with opposition publications,
face violence and criminal charges. In March 2006 Fikret Huseinli, a reporter
for the opposition daily Azadlyg, was severely beaten and slashed by unknown
assailants. In May unidentified attackers beat Bahaddin Haziev, the editor-in-chief
of the opposition newspaper Bizim Yol and deputy chairman of the opposition
party People’s Front of Azerbaijan, and demanded that he stop criticizing
the government. In July police and other government officials harassed
and threatened Ayna-Zerkalo and Institute for War and Peace Reporting correspondent
Idrak Abbasov and confiscated his notebook and tape recorder while he was
preparing a report on the destruction of houses in the Binagedi district
of Baku.
On June 23, officials detained Mirza Sakit Zakhidov, a prominent reporter
and satirist for Azadlyg, on spurious drug charges, apparently to silence
him for newspaper columns and poems he wrote criticizing President Ilham
Aliev and government corruption; he was sentenced in October to three years’
imprisonment. At least six journalists and editors and a number of newspapers
faced criminal and civil libel suits brought by government officials. At
least three editors received prison sentences for charges including criminal
libel and “insulting the honor and dignity” of a state official. On October
1 three major media outlets were closed temporarily, shortly after their
editor, Einulla Fatullaev, was convicted on libel charges deriving from
articles he published alleging financial links between Interior Minister
Ramil Usubov and Haji Mammadov, a former top Interior Ministry official
on trial for leading a criminal gang. Two editors imprisoned for libel
were included in a presidential pardon issued in late October.
Haji Mammadov confessed on July 25 to having killed Elmar Huseinov,
the editor of Monitor magazine who was murdered in 2005, though he was
not a suspect. Mammadov claims that he committed the murder at the behest
of Farhad Aliev, who in turn maintains that the claim is part of the politically
motivated case against him.
Although Azerbaijan opened a public television station in August 2005
as recommended by the Council of Europe, media experts state that it is
virtually indistinguishable from pro-government rivals and risks being
shut down if too openly critical of the government. In June 2006 the government
targeted the ANS television station, known to be comparatively more independent,
by arresting some of its employees and initiating a tax investigation apparently
in order to keep the station’s managers from acting too independently.
In November, as this report went to press, a court has ordered the
eviction of the Azerbaijan Popular Front Party and two newspapers affiliated
with it, Azadlyg and Bizim Yol, from a building they shared; also evicted
from the building was the independent Turan News Agency. In addition, the
National Television and Radio Council ruled not to extend the license of
ANS, Azerbaijan's only remaining independent television station.
Human Rights Defenders
A campaign to discredit long-time human rights activists Rena and Murad
Sadaddinov began following their trip to the United States in June 2006,
during which they spoke about human rights concerns in Azerbaijan. Two
individuals known for their close ties to the government publicly accused
the Sadaddinovs of taking bribes to include certain names into lists of
political prisoners, and falsely claimed that Council of Europe experts
confirmed the accusation. The Sadaddinovs note that they have not prepared
lists of political prisoners for more than three years and maintain they
have never accepted bribes.
Key International Actors
On May 9, 2006, Azerbaijan was elected to the United Nations Human
Rights Council, which replaced the Human Rights Commission, and pledged
to cooperate closely with special procedures mechanisms, promote transparency
and the participation of NGOs and civil society in UN meetings, and support
universal periodic review of human rights records of both council members
and non-members.
In January 2006 the Parliamentary Assembly of the Council of Europe
(PACE) challenged the credentials of the Azerbaijani delegation in response
to violations in the November 2005 parliamentary elections. The PACE ultimately
confirmed the credentials, but set out a list of urgently needed reforms.
In a March 2006 report on human rights of members of the armed forces,
the PACE found hazing and material conditions for conscripts in Azerbaijan
to be serious problems and found violations of the right to conscientious
objection.
In April President Aliev traveled to the United States for a meeting
with President George W. Bush, which focused on energy security and the
fight against terrorism. On July 14, the US Embassy in Baku stated publicly
that the right to equal defense before the law and the presumption of innocence
were violated during the trial of the New Thinking leaders. The embassy
also expressed concern over violence and pressure against journalists.
The European Union completed the European Neighborhood Policy Action
Plan with Azerbaijan, which will serve as the primary framework guiding
EU-Azerbaijan relations for the next five years. The plan sets out steps
that the Azerbaijani government should achieve in fields including the
rule of law, democracy, economic and business development, energy, and
resolution of internal conflicts. On September 28, European Commission
and Council of Europe officials called on the government to undertake reforms
in the prison system.
The Organization for Security and Co-operation in Europe (OSCE) observed
the May 13 repeat elections in 10 constituencies in which results of the
November 2005 parliamentary elections had been annulled on account of fraud.
The OSCE found progress in some areas, including a more inclusive representation
of candidates, unimpeded campaigning, and increased domestic observation,
yet also observed interference by local authorities. In July 2006 the OSCE
office in Baku stated that the trial of the New Thinking leaders fell short
of international standards in upholding the rule of law. The OSCE representative
on freedom of the media raised concerns over the use of defamation suits
to silence journalists.
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