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AS (2017) CR 32
Addendum 1

2017 ORDINARY SESSION

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(Fourth part)

REPORT

Thirty-second sitting

Wednesday 11 October 2017 at 10 a.m.

Joint debate:

The functioning of democratic institutions in Azerbaijan

Azerbaijan’s Chairmanship of the Council of Europe: what follow-up on respect for human rights?

The following texts were submitted for inclusion in the official report by members who were present in the Chamber but were prevented by lack of time from delivering them.

Ms GAFAROVA (Azerbaijan) – My speech will focus mostly on the report entitled "Functioning of democratic institutions in Azerbaijan", but I wish to touch upon the essence of the issue and give some comments on the broader picture. 

The report seems to be balanced, but unfortunately this balance has been observed not between the Council of Europe and Azerbaijan, but rather between the Council of Europe and continuous allegations against Azerbaijan. As my colleague, Mr Seyidov, said in his speech yesterday, due to allegations and smear campaigns against my country, anyone speaking in favour of Azerbaijan immediately finds himself or herself under fire. This is the main reason why we call the report balanced, despite the fact that its contents are full of criticism.

Of course, it is of great concern to us that all international organisations, including the Council of Europe where Azerbaijan has been a fully fledged member for 16 years, take all critical allegations too seriously while mostly ignoring official information. Personally, I feel it is quite regrettable that not a single word has been said on the Nagorno-Karabakh conflict in the report on Azerbaijan. 

Azerbaijan is located in a very complicated geopolitical region, but still pursues an independent foreign policy according to its national interests. My country has made enormous progress in establishing and consolidating democracy and rule of law. We are politicians, and as politicians we clearly understand that there is no perfect democracy; and we are not in the line of claiming that we do not have any problems consolidating democracy and the rule of law. 

But we can firmly claim to have no problem when it comes to having the political will to bring more democracy to the people. Our political will does not exist due to official documents and populist speeches in different organisations, including this Assembly, but to strengthen statehood and civil society in our country. 

To conclude my speech, I would like to ask my colleagues from Armenia to stop their populist speeches claiming to defend human rights in Azerbaijan, since it is clear as day that they do not care about the democratic right of the Azerbaijanis. But if they do indeed want to fight for the rights of the Azerbaijanis, then I invite them to restore the fundamental rights of one million refugees and IDPs by liberating their homes.

Ms HIGGINS (Ireland) – I congratulate the new Council of Europe President on her election and thank the rapporteur for this important report on the functioning of democratic institutions in Azerbaijan.

The report and its recommendations highlight serious concerns about the fundamental benchmarks of a free and democratic society in Azerbaijan such as the separation of powers, independence of the judiciary and freedom of expression – including continued restrictions on NGOs and civil society and Azerbaijan's failure to satisfy the Venice Commission standards in this regard.  A civil society which is free to speak critically is essential for any democracy.

The European Convention on Human Rights and the legal system which underpins it are fundamental cornerstones of our work in the Parliamentary Assembly of the Council of Europe. Azerbaijan’s record on the implementation of ECHR judgments is unacceptable – over 120 judgments have not yet, or only partially, been implemented.

I would like to focus, in particular, on the case of Ilgar Mammadov. Three years ago, our European Court ruled that the arrest and detention of Mr Mammadov was arbitrary and called for his release. Yet he remains in detention.  

As Secretary General Jagland stated on 13 September, “when it comes to execution of judgments that affect the liberty of a person, there can be no delay. One day more in prison is one day too much and is a crime against this person.”  

The ongoing dialogue with Council of Europe authorities must deliver concrete results and tangible progress. Azerbaijan must show genuine willingness to engage if steps to trigger infringement proceedings under article 46.4 of the European Convention on Human Rights are to be avoided.

Recent corruption scandals have been damaging to our Assembly and to Azerbaijan. To begin a new chapter, our Assembly must investigate the full scope of this corruption, including not only bribes paid and votes influenced, but also the further destination and use of those moneys.

For Azerbaijan, the best way to begin a new chapter in their Council of Europe participation is surely by implementing outstanding ECHR judgements – including the immediate unconditional release of Mr Mammadov.

Unfortunately, recent evidence from Human Rights Watch, Amnesty, Reporters Without Borders and others points to serious deterioration in the situation of human rights defenders and journalists in Azerbaijan, along with reports of violent treatment of the LGBTI community. These further human rights violations are reflected in the addendum to Mr Schennach’s excellent report.

Mr HONKONEN (Finland) – The situation in Azerbaijan has remained difficult despite some positive developments such as the release of political activists, journalists and members of NGOs; the planned reform of the judiciary system; and the presidential executive order on improving the prison system and the humanisation of criminal policies. It is important that necessary changes and applications to legislation are made to put the order into effect. The Assembly should encourage the Azerbaijani authorities to ensure that legislation is implemented in line with the standards of the Council of Europe.

These necessary measures will improve the situation of human rights but not completely solve all problems. I would like to raise some injustices happening in Azerbaijan.  I am very concerned that criminal legislation is being used to limit freedom of expression. Journalists and bloggers are harassed, blackmailed or pressured in different ways and even put into jail. Some media have been closed by force, and websites have been blocked. Media freedom is crucial and independent media are an important part of every democratic society. I want to emphasize the need for Azerbaijani authorities to ensure that journalists, members of the opposition and other political activists are able to exercise freedom of expression.

Another worrying issue is the functioning of civil society. The NGO legislation creates many kinds of obstacles which negatively affect the registration of NGOs and funding from foreign donors. The Azerbaijani authorities need to be encouraged to facilitate and foster the operating of NGOs. The freedom of assembly must be respected.

An alarming issue I would like to point out is the absence of a separate juvenile justice system in Azerbaijan. The fact that children and adults are treated in the same way by the criminal justice system is not in line with European standards. We need to actively encourage the local authorities to establish a juvenile justice system in the best interests of the child. 

I would like to conclude by referring to the point on constructive dialogue with local authorities; it is the best way to improve democracy and human rights – this will not be achieved with direct, harsh and public criticism on the country. When we see that human rights are violated and freedom is limited, it causes anger. Constructive dialogue and diplomacy is often the most effective way to achieve progress and to help Azerbaijan to become a democratic State.

Mr R. HUSEYNOV (Azerbaijan) – In exactly one week from now, an extremely remarkable anniversary will take place in the social and political life of Azerbaijan: the 26th year of the restoration of our country's State independence will come to an end and the 27th year will start.

Azerbaijan is a country rich in material and spiritual wealth; however, the boon that stands at the peak of all wealth is the independence of a country and the sovereignity of a nation. Over the past 26 years, Azerbaijan has achieved great progress and the main reason for this is above all State independence and the independent policy pursued by the country.

Over the 16 years that Azerbaijan has been a member of the Council of Europe, the country has made great progress in the development of democratic institutions.

Meanwhile, we should not forget that the States and powers trying to integrate countries such as Azerbaijan into their political influence expose them to various economic and political pressures, so countries like Azerbaijan should be shown a more sensitive attitude and offered support. Unfortunately, sometimes in the Council of Europe, strong pressures are formed under the influence of these forces without their apparent participation but via their direct dictation.

Azerbaijan has always striven to fulfil its commitments undertaken to the Council of Europe. Nevertheless, the Council of Europe also has a great commitment to Azerbaijan: to make another member State which has occupied the territories of Azerbaijan put an end to this occupation. Unfortunately, despite the fact that the Parliamentary Assembly of the Council of Europe adopted an official resolution on this issue in 2005, not a single step towards the implementation of the indicated document has been taken over the last ten years. When you demand from others that they fulfil their commitments and obligations, you must take a look at yourself as well.

Lies and slander-filled delusions about the rising, progressive Azerbaijan and its leadership periodically sounded by the representatives of the economically collapsed Armenia with a population becoming more miserable day by day and ruled by the criminal regime which has turned terrorism into State policy, generates aversion and laughter.

Azerbaijan has a dignified leadership devoted to democratic values which loves its determined people, so regardless of what is demanded of us, we will continue on the path of our country's rise in line with modern global requirements. And no biased and unjust approach, no defamation and slander campaign, no malevolent pressure can turn Azerbaijan away from this right path.

Mr KÜÇÜKAN (Turkey) – I am of the view that in assessing the democratic maturity of a State, we should take into account the historical background of that particular country as well as its geopolitical realities.

In the first instance, there is no doubt that Azerbaijan has contributed to the values of the Organisation and adhered to its undertakings during its chairmanship of the Council of Europe. We should appreciate the role of Azerbaijan in the region as a reliable, principled and trusted partner.

As the Parliamentary Assembly of the Council of Europe, it is our responsibility to take those steps that will further encourage the Azerbaijani authorities, and of course all member States, to continue pursuing an ambitious reform agenda to strengthen their democratic institutions.

Every report on Azerbaijan should also take into consideration the security environment of Azerbaijan, a country where more than 20% of its territories have been under Armenian occupation for more than 20 years. Turkey will continue to support Azerbaijan in its efforts to find a peaceful solution to this conflict within its territorial integrity, sovereignty and internationally recognised borders.

In a nutshell, I believe that Azerbaijan, following more than a decade of membership of the Council of Europe, has, overall, attained a positive record, and with its willingness for democratic reforms, it has proved that it is worthy of a respected seat in this Organisation.

As a final note, I would like to briefly add a remark on the monitoring procedure of our Assembly, the Parliamentary Assembly of the Council of Europe. This monitoring procedure unfortunately seems to be somehow outdated. Though regular reports evaluating all countries are published, the monitoring process only concentrates on the same countries. This narrow focus results in being blind to the core problems and emerging troubles in Europe. For instance, we are witnessing a huge increase in xenophobic and anti-Islamic movements in many member countries. We are observing an increase in parties even advocating Nazi values, as seen in the German elections, yet our monitoring procedure does not allow us to examine these anti-democratic and illiberal tendencies on a country-by-country basis. Hence, we should also try to change this narrow focus that ignores the core problems in many core countries of the Parliamentary Assembly of the Council of Europe.

Mr TORUN (Turkey) – Azerbaijan is a very important country in its region, and not only in relation to its membership of the Council of Europe, but also because of its geopolitical location, its history and also the hydrocarbon reserves it possesses. Since its independence, Azerbaijan in its complex geopolitical location, has managed to maintain a balance in its relations with the European Union, the Russian Federation, the United States, Turkey, Iran and other countries in the region.

We all know that there is no such thing as a perfect democracy. Even in western European countries, which are often referred to as advanced democracies, it cannot be claimed that democracies are perfect. The most important factor here is the intention of the Azerbaijani Government to build a strong democracy in the country.

I have personally witnessed the will of the Azerbaijani Government to raise its standards of democracy and human rights to the level of Council of Europe values. The level of democracy has been improving continuously and Azerbaijani people have been enjoying higher levels of democracy. I would like to emphasize that this process should be supported genuinely without any double standards.

In this context, I would also like to point out that we should recall the fact that 20% of Azerbaijan’s territory has been occupied by Armenia for the last 20 years when we touch upon issues related to democracy and human rights in Azerbaijan. There are one million displaced people in a country of 9 million. This situation certainly has negatively affected Azerbaijani democracy. If realistic results are desired when reports are drafted on Azerbaijan, the reality of Armenian occupation should be taken into account.