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Resolution 1750 (2010) Final version
The functioning of democratic institutions in Azerbaijan
1. When joining the Council of Europe
in January 2001, Azerbaijan opted for European standards with respect
to democracy, the rule of law and human rights. The Parliamentary
Assembly has been following closely the developments in the country.
As a result of intensive co-operation between the Assembly and the Azerbaijani
delegation, six reports have been adopted by the Assembly since
Azerbaijan’s accession, two on the monitoring procedure and four
on the functioning of democratic institutions in the country. The
Assembly firmly believes that the Council of Europe has a crucial
role to play in assisting Azerbaijan in its efforts to bring about
democratisation.
2. In November 2010, Azerbaijan will be holding its second parliamentary
elections since the country’s accession to the Council of Europe.
The Assembly attaches great importance to the establishment of the conditions
which would enable these elections to comply fully with European
standards and be considered as free and fair.
3. Referring to the report of the Ad hoc Committee on the Observation
of the 2008 Presidential Election in Azerbaijan and to the report
of the Congress of Local and Regional Authorities of the Council
of Europe on the 2009 municipal elections, the Assembly notes that
progress has been made, particularly during the last presidential
election in 2008, in meeting European standards. It regrets, however,
that none of these elections has fully complied with democratic
requirements.
4. Since the country’s accession to the Council of Europe, the
Parliament of Azerbaijan has reinforced its position vis-à-vis other
state institutions. However, much remains to be done to further
strengthen parliamentary control over the executive and improve
checks and balances in a state with a strong presidential system.
The forthcoming parliamentary elections are particularly important
in a country in which it is still necessary to reinforce the application
in practice of the constitutionally guaranteed principle of the
separation of powers and, especially, to strengthen the parliament’s
role vis-à-vis the executive.
5. Several months ahead of the tenth anniversary of Azerbaijan’s
membership of the Council of Europe, the Assembly considers that
the democratic credibility of the country is again at stake. Despite
progress being made during the 2008 presidential election, some
systemic shortcomings, including the lack of competitiveness and
genuine political pluralism, need to be redressed.
6. Even though the European Commission for Democracy through
Law (Venice Commission) in its opinion concluded that improvements
had been made because several amendments were adopted, the Electoral
Code remains complex, especially with regard to the provisions on
the registration of candidates, campaign financing, lists of persons
entitled to conduct pre-election campaigns and limitations on the
content of election campaign material. The Assembly also agrees
with the Venice Commission that the composition of the Central Electoral
Commission and territorial commissions as well as the complaints
and appeals procedure still need to be addressed.
7. The Assembly recalls the recent judgment of the European Court
of Human Rights (the Court) in the case of Namat
Aliyev v. Azerbaijan, concluding that the actions of
the electoral commissions and courts concerned had resulted in the
violation of the applicant’s right to stand freely and effectively
for election in his constituency.
8. The period since the previous parliamentary elections has
been marked by a further weakening of the opposition both within
and outside the parliament. This has resulted in the scarcity of
opposition candidates, which is damaging the democratic process
of the country.
9. The Assembly takes note of the 2009 constitutional amendments,
and whilst welcoming some positive innovations, at the same time
regrets that there was no prior request to the Venice Commission
on the proposed amendments, some of which are of crucial importance
for the functioning of the country’s democratic institutions, and
especially for the electoral process.
10. Furthermore, as regards the general environment needed to
allow the democratic electoral process to develop, the Assembly
is concerned about the reported violations of basic freedoms such
as the freedom of assembly and freedom of the media. It recalls,
in this context, the European Parliament resolution on freedom of
expression in Azerbaijan of 17 December 2009 (P7_TA(2009)0120),
voicing concern about the deterioration of media freedom in the
country.
11. The Assembly welcomes the action plan to support the 2010
parliamentary elections in Azerbaijan adopted by the Ministers’
Deputies on 10 March 2010, which focuses on a number of issues identified
in co-operation with the Azerbaijani authorities and in liaison
with other international institutions such as electoral legislation,
the training of election administration staff, media coverage of
the campaign, raising voter awareness of electoral issues, and the
organisation of public debates.
12. In the light of these considerations, the Assembly calls on
the Azerbaijani authorities to ensure the necessary conditions for
the full compliance of the forthcoming elections with European standards,
and in particular to:
12.1. co-operate
with the Venice Commission with a view to revising the Electoral
Code on the outstanding issues, namely the composition of the Central
Electoral Commission and territorial electoral commissions, candidate
registration, observers, the electoral roll and its accuracy, as
well as the complaints and appeals procedures;
12.2. establish a free and fair candidate registration process
and effective appeals procedures;
12.3. generate conditions for a fair electoral campaign, in
particular through full implementation in practice of the law on
the freedom of assembly and by ensuring the freedom of the media;
12.4. enable candidates and activists representing the opposition
to conduct their campaigns effectively, whether through street rallies
or through the media, in particular television;
12.5. refrain from any kind of discrimination with regard to
candidates and activists on the basis of their political convictions
and activity;
12.6. take the necessary measures to train members of electoral
commissions in vote counting procedures;
12.7. resume without delay a dialogue between the ruling majority
and the opposition both within and outside the parliament so as
to improve the political climate and build the trust of the population
in the electoral process;
12.8. take all necessary steps to guarantee access for women
to elected offices at the next parliamentary elections, thereby
contributing to the efforts made during the local elections of December 2009
which resulted in women being elected to 30% of seats in the local
assemblies.
13. As regards the situation of the media and journalists, the
Assembly condemns the arrests, intimidation, harassment, and physical
threats of journalists, as borne out by the judgment of the Court
in the case Fatullayev v. Azerbaijan. In
this context, the Assembly also expresses concern about the fate
of two youth activists, Emin Milli and Adnan Hajizade, who were
sentenced to two years six months and two years imprisonment respectively.
14. The Assembly also deplores the death of Novruzali Mammadov,
a researcher and editor-in-chief of the only Talysh-language newspaper, Tolyshi Sado, who died in prison
in August 2009 and whose name was on the list of political prisoners
drawn up by the human rights organisations in Azerbaijan.
15. The Assembly welcomes the release of several journalists following
the presidential pardons, in particular Mirza Zakit, the well-known
journalist and poet, Ganimat Zahidov, the editor of Azadliq, one of the main independent
newspapers, Ali Hasanov, editor-in-chief of the Ideal newspaper, and Mushvig Huseynov,
a correspondent of the Bizim Yol newspaper.
At the same time, it regrets that some journalists remain in prison.
16. The Assembly is also concerned by the often disproportionate
character of criminal sanctions imposed on some journalists in defamation
cases and reiterates its position that defamation should be decriminalised.
17. In the light of the above considerations, the Assembly calls
on the Azerbaijani authorities to:
17.1. release Eynulla Fatullayev, as ordered by the Court notwithstanding
the appeal by the Azerbaijani authorities to the Grand Chamber of
the Court, which is pending;
17.2. introduce amendments to the Criminal Code so as to decriminalise
defamation, in line with the trend that can be seen at international
level and with the case law of the Court and, in the meantime, refrain
from bringing any new criminal prosecutions against journalists
for defamation;
17.3. create the conditions for journalists to conduct their
professional work without interference by the authorities.
18. Furthermore, the Assembly believes that further reforms of
key state institutions are indispensable in order to ensure their
functioning in full compliance with democratic standards in the
electoral process. It expects Azerbaijan to comply fully with the
Council of Europe standards for democratic elections in the forthcoming
2010 parliamentary elections, and expects to receive an invitation
in good time to be able to observe them.
19. In this context, it calls on the Azerbaijani authorities to
pass on a clear message, at the highest political level, that electoral
fraud will not be tolerated.
20. At the same time, the Assembly urges all political parties
to take part in the forthcoming elections.
21. Moreover, the Assembly notes that the overall progress achieved
by Azerbaijan in honouring its obligations and commitments undertaken
by the country since acceding to the Council in Europe in 2001 will be
presented to it in a specific report by the Monitoring Committee
in 2011.
22. In the meantime, it encourages the Azerbaijani authorities
to foster the reforms under way in areas ranging from the rule of
law to the separation of powers. It also calls on the Azerbaijani
authorities to continue enlisting the expertise of the competent
Council of Europe bodies before adopting crucial reforms for the functioning
of the country’s democratic institutions and, against the backdrop
of the forthcoming parliamentary elections, not to confine themselves
to complying with the letter of the law but to focus on its application
in practice.
23. The Assembly invites Azerbaijan to bring its legislation into
line with the provisions of the Council of Europe Convention on
Action against Trafficking in Human Beings (CETS No. 197) and to
ensure its effective implementation.
24. The Assembly congratulates Azerbaijan for its contribution
to the parliamentary dimension of the Council of Europe campaign
“Stop domestic violence against women” (2006-08) and for the drafting
of a law against domestic violence. It invites Azerbaijan to put
into effect as soon as possible this law on preventing and combating
domestic violence including violence against women, in accordance
with the standards of the Council of Europe and the other international
instruments, and to support the preparation of the future Council of
Europe convention on preventing and combating violence against women
and domestic violence, in accordance with Assembly Resolution 1635 (2008) and Recommendation 1847 (2008) on
combating violence against women: towards a Council of Europe convention.