A group of NGOs called on the President of the European Council and the President of the European Commission to raise human rights issues during the visit of Azerbaijani President Ilham Aliyev to Brussels later this week.

This way NGOs supported Azerbaijani human rights defenders who in their letter of June 14, 2013 sent to the same addressees highlighted a number of worrying trends.

In view of the deteriorating human rights situation in Azerbaijan, NGOs hope that Herman Van Rompuy and José Manuel Barroso will use the meeting with Aliyev as an opportunity to reaffirm that energy and trade cannot take precedence over democracy, human rights and the rule of law.

The signatories of the letter point out that “the approach of presidential elections in Azerbaijan scheduled for October 2013 has triggered an increase in the level of restriction and abuse of fundamental freedoms.” This includes a new legislative framework for the operation of NGOs adopted in February 2013 which requires a burdensome formal registration of all grants exceeding 200 euros. NGOs point out that it is yet another obstacle to the already difficult operation of civil society. Moreover, in May 2013 the criminalization of libel was extended to include online activities. That same month the length of the maximum prison sentences for administrative offences that can be imposed for involvement in peaceful public protests was increased from 15 days to two months.

NGOs highlight that the European institutions have already begun to voice their concern about the lack of respect for human rights in Azerbaijan. The European Parliament in a resolution of June 13, 2013 dealing with the arrest of Ilgar Mammadov, the presidential candidate of the opposition, condemned the Azerbaijani authorities for countless deficiencies in human rights protection and called for immediate action. Also the Parliamentary Assembly of the Council of Europe adopted a resolution on the need for Azerbaijan to honor international obligations and commitments.

According to the NGOs the Commission and EEAS officials should now follow-up on the European Parliament’s resolution. They hope that EU officials will stress that respect for democracy, human rights and the rule of law are prerequisites for cooperation between the EU and Azerbaijan.

The letter is available here.

„The issues of energy and trade cannot take precedence over human rights,” said MEP Maretje Schaake during the customary human rights debates at the end of the plenary session of the European Parliament (“EP”). The quote aptly captures one of the most salient oppositions of today’s international relations, namely that between the economy and human rights, which the EU tries – with various results – to reconcile.

This time, one of human rights debates was devoted to the situation in Azerbaijan, in particular the detention of Ilgar Mammadov. EP adopted a resolution which strongly condemns the arrest of Mammadov, amply criticises the Azerbaijani authorities for countless deficiencies in human rights protection and calls for immediate action, both to release Mammadov and strengthen human rights guarantees in Azerbaijan. (more…)

We invite you to read a guest entry by our friend Anar Gasimli, who is an Azerbaijani lawyer, on the role and situation of advocates who defend human rights activists in Azerbaijan.

“Every time after the detention of activists, some free spirit youths, human rights defenders, or political party members call to invite me to become their advocate. This is the most, and may be the only, pleasurable time for me in my lovely profession. It is different to be with the person whose rights are violated, and it is totally different when people with free spirits want to see you next to the person whose rights are violated. (more…)

András Baka was a judge at the European Court of Human Rights. Subsequently, the Parliament of Hungary elected him President of the Supreme Court for a six-year term. He was also the President of the National Council of Justice. The new Hungarian Constitution introduced by the ruling coalition established that the new highest judicial body would be the Curia. Article 11 of the new Basic Law provided that the Curia would be the legal successor of the Supreme Court, the National Council of Justice and its President for the administration of justice, while the President of a new National Judicial Office would become responsible for the administration of courts. Pursuant to Transitional Provisions, the President of the Supreme Court as well as the President and the members of the National Council of Justice would have their term of office terminated upon the entry into force of the Fundamental Law. The date of the entry into force of the Fundamental Law was set at 1 January 2012. On that day Mr Baka’s term of office was terminated, three and a half years before its normal date of expiry (more…)

In the case D.G. against Poland (application no. 45705/07), the applicant alleged that the conditions of his detention had been incompatible with his disability. In February 2013, the European Court of Human Rights decided that Poland violated Article 3 of the European Convention on Human Rights. The outcome of the D.G. case will likely have impact on how States, not only Poland, view their obligations towards person with disabilities. The judgment may be key in ensuring a harmonized approach to this issue. (more…)

This blog has seen many articles about Azerbaijan lately, but unfortunately we have still not run out of topics. Yet again, the Azerbaijani authorities did not fail to provide a pretext. On 15 February 2013 the Azerbaijani Parliament adopted a series of amendments to various laws. According to the Institute for the Reporters’ Freedom and Safety, an Azerbaijani NGO concerned with the freedom of expression, the amendments are likely to impede the operations of independent NGOs. Further still, in certain cases they may threaten the existence of those NGOs. The Aliyev’s regime is patient as it step by step dismantles the residue of human rights protections and freedoms. Among the publicised events such as arrests of human rights defenders, opposition leaders or journalists in Azerbaijan, it is still necessary to be attentive to those seemingly small steps the regime takes, which may also have a grave impact on the functioning of the civil society in the country.

Roughly two weeks ago, the Azerbaijani Parliament introduced amendments to the Code of Adminitrative Offences accommodating the changes to the Law on NGOs, Law on grants and Law on the freedom of religion. The major alterations include: (1) introducing a requirement of a contract for each grant; (2) restricting grant payment methods to bank transfers, and (3) increasing fines for offences against the Law on grants and differentiating fines between various subject – natural persons, officials and legal entities.

The amendments require that each grant is confirmed by a contract. The failure to produce such a contract may cost various subjects different amounts of money, but legal entities are subject to the highest fines. The amendments read, for example: “receiving aid in a form of financial means and (or) in other material form by … non-governmental organizations … without having a grant contract (decision) is punished for officials in the amount from two thousand and five hundred to five thousand manat, for legal entities in the amount from eight thousand to fifteen thousand manat with confiscation of means and goods which were directly the object of an administrative offence.” Furthermore, the amendments limit the ways in which NGOs can receive money solely to bank transfers. Giving or receiving money in cash is punishable with fines amounting to, for legal entities, 7000 AZN. The exemption from this rule concerns donations below 200 AZN given to or received by NGOs whose main purpose is charity. Finally, the fines for violations of the Law on grants were increased substantially. For example, the violation consisting in a “failure of legal entities receiving grants to submit copies of contracts and decisions on receiving grants for registration to the relevant body of executive powers within the deadlines…” is punishable with a fine amounting to, for legal entities, 7000 AZN.

The official goal of the amendments is to increase the transparency and accountability of NGO activities. However, even a slight change of focus may reveal that their goal could in fact be to keep close tabs on the civil society (especially its funding), hinder the activities of independent or unregistered NGOs and, eventually lead to their complete liquidation as they give way under the burden of various fines. In any case, the aim of these amendments should be seen in the light of Azerbaijani administration’s practice which has proven particularly legalistic, rigid and essentially unfavourable towards independent, critical forces, including NGOs.

In their statement of 12 February 2013, Azerbaijani NGOs indicate a series of problems which the amendments may bring about. They see a general danger of many NGOs becoming debtors unable to pay various administrative fines and notice that the inability of NGOs to receive donation above 200 AZN in cash may restrict the “business-based and community-based activities of NGOs.” However, it is the unregistered NGOs that will, in their view, pay the highest price for changes. As they write in their statement: “non-registered NGOs and their alliances don’t have bank accounts due to lack of legal status and they are functioning only with one-side-approved contracts. In case the amendments are ratified, such NGOs won’t be able to accept donations in accordance with the requirements of the law. Thus, any NGO the activity of which is regarded unwanted by the government will get closed.” Azerbaijani NGOs warn that, if ratified, the amendment will lessen their role in controlling the authorities and impacting decision-making. They also stress that the amendments of this kind should have been discussed with the participation of the civil society.

The voices of NGOs were not heard and the Parliament adopted the amendments which harm Azerbaijani civil society. This is particularly stricking considering the fact that the functioning of the civil society was one of the foci of the last human rights dialogue between the EU and Azerbaijan in November 2012. The amendments are now waiting for presidential signature. President Aliyev has 56 days to sign the new law or refuse to give his consent to yet another assault on the Azerbaijani civil society.

Joanna Smętek, “Europe of Human Rights”

A growth of political and social tension in Azerbaijan has been observed in recent days. On Wednesday 23 January 2013 the town of Ismayilli was shaken with protests and on Saturday 26 January hundreds of people demonstrated in Azerbaijan’s capital to express solidarity with recent protests across the country. The social unrest was triggered by widespread corruption.

The Baku assembly was brutally dispersed by the police and around 40 demonstrators were arrested. Among them, the prominent blogger Emin Milli, the human rights defender and Rafto Price winner Malahat Nasibova, the human rights lawyer Intigam Alieyev, as well as the investigative journalist and Fritt Ord Foundation and ZEIT Foundation winner Khadija Ismayilova.

After a couple of hours 10 detainees were released without fines and often found themselves in remote areas around Baku city, among them Intigam Alieyev and Malahat Nasibova.  Others were fined for taking part in an illegal demonstration, among them Khadija Ismayilova who received a fine of 400 manats (approx. 400 EUR). Fines were also imposed upon the detained opposition leaders: Gozal Bayramova from the Popular Front Party was fined with 2000 manats (approx. 2000 EUR), Elshan Hasanov from the Musavat Party was fined with 600 manats (approx. 600 EUR) and Aygul Panjaliyeva from the NIDA Movement was fined with 400 manats (approx. 400 EUR). Emin Milli remains in detention and an administrative fine of 15 days of depravation of liberty was imposed on him.

The detention of the leading activists should be assessed through the prism of their participation in the recent Parliamentary Assembly of the Council of Europe. On Wednesday 23 January 2013, the Parliamentary Assembly of the Council of Europe rejected the report comprising the list of political prisoners in Azerbaijan prepared by Christoph Strässer. Many of the Azerbaijani activists were present at the Assembly in Strasbourg or commented on the advocacy trip on blogs and in newspapers. Most of those activists have been arrested in Baku today.

Human Rights House Foundation called on 26 January 2013 on the international community to request that the Azerbaijani authorities stop punishing critical voices, including those of human rights defenders.

Dominika Bychawska-Siniarska, “Europe of Human Rights”

This week (on Wednesday 23 January) the Parliamentary Assembly of the Council of Europe will vote on two resolutions concerning Azerbaijan, the first on political prisoners, the second devoted to obligations and commitments  relating to Azerbaijani membership in the Council of Europe.

The situation of political prisoners in Azerbaijan has been the subject of interest of the Parliamentary Assembly ever since Azerbaijan acceded the Council of Europe. Solving the problem of political prisoners by their freeing or by new court proceedings in the cases of persons who are recognised as political prisoners by human rights organizations was one of the obligations which Azerbaijan assumed upon acceding the European Convention on Human Rights. Although 10 years have passed since the accession, politically motivated arrests are still practiced in Azerbaijan. According to the most recent information, it is suspected that at least in 71 cases arrests were politically motivated. Eight of those who were arrested are journalists: Avaz Zeynalli, Hilal Mammadov, Faramaz Allahverdiyev, Vugar Gonagov, Zaur Guliyev, Araz Guliyev, Nijat Aliyev and Fuad Huseynov. The case of Hilal Mammadov is a good example of the methods adopted by Azerbaijani authorities. H. Mammadov (born in 1959) is a human and minority rights activist, he is also the Editor-In-Chief of Tolishi Sedo, the only daily paper issued in Azerbaijan in the Talysh language. He was arrested on charges of drug possession on 21 June 2012 and faces 3 to 12 years in prison.

The Parliamentary Assembly expressed its opinion on the issue of political prisoners in Azerbaijan on several occasions. The issue was dealt with in Resolutions 1359 (2004) and 1457 (2005), as well as in Recommendations 1711 (2005). It was also the issue of Resolution 1900 (2012) on the definition of “political prisoner”, adopted on 3 October 2012. Azerbaijani authorities have not made use of the opportunity to provide their views on the list of names of the alleged political prisoners presented by the Rapporteur on Political Prisoners of the Parliamentary Assembly of the Council of Europe. From the moment of appointing the Special Rapporteur, the Azerbaijani government refused to issue him the visa required to visit the country as part of his mandate, which significantly hindered the preparation of the report.

The MPs will have a difficult task on Wednesday, especially taking into ocnsideration the controversies and lively debate on the occasion of the resolution on the “definition of political prisoner” adopted in October 2012. However, failure on the side of Azerbaijani authorities to solve the problem of political prisoners, against the recommendations formulated by the Parliamentary Assembly of the Council of Europe upon accession, and no willingness to cooperate with the Special Rapporteur should not remain unresponded on the part of the Assembly. Additionally, the report “Caviar Diplomacy – How Azerbaijan silenced the Council of Europe” revealed the way Azerbaijan acts in the Parliamentary Assembly. The more so, it is necessary for the Assembly to take on Wednesday a clear standpoint with respect to the country.

Dominika Bychawska-Siniarska, “Europe of Human Rights”

On Friday, 21 December 2012, the Council of the European Union and Russia will hold a summit in Brussels. For both parties, this is a chance to discuss political and economic relations, as well as pressing energy issues. Successive summits are supposed to lead to the creation of a new bilateral agreement on enhanced co-operation between the EU and Russia. The dialogue, which has been in progress since 2003, has proven quite successful with respect to the matters of economy, energy and visa regulations. It has failed, however, when it comes to the respect for human rights and the principles of democracy in Russia.
This commentary was first published on Euractiv.com

A year ago, before the EU-Russia summit in December, the “Greens” from the European Parliament emphasised in their statement the need to support civil society in Russia, especially the crowds of people who, before and after the presidential elections, poured out onto the streets of big cities. Unfortunately, any substantial help from the EU was nowhere to be seen. The EU’s acts of support for demonstrators, oppositionists or human rights defenders could be counted on the fingers of one hand. They mostly included the European Parliament’s statements which, regrettably, have a rather symbolic meaning in practice. As is the case with other “non-democracies” in the vicinity of the EU, the government of Russia was not particularly moved by them while it continued, step by step, to dismantle civil society in the country. As a result, watchdog organisations in Russia face much worse conditions for operation at the moment. Other post-Soviet republics are following in the Russian footsteps in this respect. (more…)

The day before the EU was awarded the Nobel Peace Prize, the Russian Government published a report on the human rights situation in the EU. The report is the first of its kind. It pursues the aim first presented in October this year when Russia released a report on the human rights situation in the US. Not by coincidence, the European report was published just a couple of days after the EU-Russia human rights dialogue conducted by the European External Action Service. Dialogues are a mechanism of mutual briefings on the situation of human rights, used not only by the EEAS, but also more and more often by the European Commission Enlargement Directorate. Moreover, the EU-Russia summit is scheduled for 21st December 2012. All of these events point to the conclusion that the publication of the report was carefully planned. (more…)