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Resolution 2185 (2017)
Azerbaijan’s Chairmanship of the Council of Europe: what follow-up on respect for human rights?
1. The Parliamentary Assembly has
already adopted several resolutions on the situation in Azerbaijan since
the Azerbaijani Chairmanship of the Committee of Ministers of the
Council of Europe, which took place between May and November 2014,
in particular Resolution
2062 (2015) on the functioning of democratic institutions
in Azerbaijan, in which it assessed how those institutions operated
and expressed its concerns regarding the lack of independence of
the judiciary, the violations of the right to freedom of expression
and association and the reprisals against independent media, human
rights defenders, journalists and others expressing criticism of
the authorities. It recalls that developments in this country are
under constant examination by its Committee on the Honouring of
Obligations and Commitments by Member States of the Council of Europe
(Monitoring Committee).
2. The Assembly also refers to its Resolution 2096 (2016) “How can
inappropriate restrictions on NGO activities in Europe be prevented?”
and Resolution 2095 (2016) on
strengthening the protection and role of human rights defenders
in Council of Europe member States.
3. The Assembly regrets that the 2014 Azerbaijani Chairmanship
coincided with an unprecedented crackdown on human rights in Azerbaijan
where dozens of individuals, including human rights defenders and other
activists who had co-operated with the Council of Europe and the
Assembly, were arrested and then given prison sentences. The Assembly
welcomes the fact that in the course of 2016 most of them were released.
However, some of these releases continue to be subject to conditions.
The Assembly remains concerned about the reported prosecution and
detention of leaders of non-governmental organisations (NGOs), human
rights defenders, political activists, journalists, bloggers and
lawyers, allegedly in retaliation for their work.
4. The Assembly notes that the number of persons currently in
detention, allegedly for having voiced criticism of the authorities,
varies considerably depending on the sources. It encourages the
competent authorities to review the individual cases and release
human rights defenders, journalists and civic and political activists
who were imprisoned on politically motivated grounds. The authorities
should also consider, where appropriate, the use of non-custodial
sentences or alternative measures to pre-trial detention.
5. The Assembly is concerned about the increasing number of reports
of violations of fundamental freedoms and human rights, such as
those guaranteed by the European Convention on Human Rights (ETS No.
5, “the Convention”) in Azerbaijan. It is particularly worried by
the cases established by the European Court of Human Rights (“the
Court”) of torture and inhuman or degrading treatment during arrest,
in police custody and in prisons, and the lack of effective investigations
in this regard (violations of Article 3 on the substantial and procedural
aspects), violations of the right to a fair trial (violations of
Article 6), especially in criminal cases, and violations of the
right to freedom of expression, association and assembly (violations
of Articles 10 and 11).
6. The Assembly reiterates that the prohibition of torture and
inhuman or degrading treatment guaranteed by Article 3 of the Convention
is a non-derogable right and it strongly condemns any violation
of this right. It calls on the authorities to:
6.1. carry out prompt, effective
and impartial investigation of all allegations of use of torture
and inhuman and degrading treatment, ensure that the perpetrators
are brought to justice, and that impunity does not prevail;
6.2. take all the necessary measures to prevent further violations
of this type;
6.3. step up co-operation with the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
and request publication of the reports of its visits.
7. The Assembly insists that the judicial system in Azerbaijan
must be independent and impartial as in other Council of Europe
member States. It reiterates that an independent judiciary is a
precondition for a criminal justice system which complies with European
standards. The Assembly is concerned about allegations of a systematic
lack of independence of the judiciary vis-à-vis the executive and
the arbitrary application of criminal law. It is concerned about
allegations of the excessive use of pretrial detention by judges
at the request of prosecutors, without a detailed examination of
the grounds which could justify such detention, and problems in properly
ensuring the rights of the defence. It notes that the Azerbaijani
authorities have announced the start of reforms to their judicial
system following the relevant recommendations of the Council of
Europe, in particular those of the Group of States against Corruption
and the European Commission for the Efficiency of Justice. Nevertheless,
it finds that the concerns over the functioning of justice expressed
in its Resolution 2062
(2015) remain valid. Furthermore, the constitutional
amendments approved following the referendum of 26 September 2016
entail the risk of increasing the power of the executive in relation
to the legislature and judiciary.
8. The Assembly calls on the Azerbaijani authorities to guarantee
the full independence of judges vis-à-vis the executive and to begin
real and meaningful reforms to establish a judicial system which
complies with the requirements of Article 6 of the European Convention
on Human Rights and the other standards of the Council of Europe.
9. The Assembly notes with great concern reports linking the
Azerbaijani Government to a large-scale money-laundering scheme
in place between 2012 and 2014, used, inter
alia, to influence the work of members of the Assembly
as regards the human rights situation in Azerbaijan. The Assembly
urges the Azerbaijani authorities to start an independent and impartial
inquiry into these allegations without delay and, furthermore, to
co-operate fully with the competent international authorities and
bodies on this issue.
10. The Assembly welcomes the Presidential Executive Order of
10 February 2017 on improving the functioning of the prison system,
the humanisation of criminal policies and the extension of alternative sanctions
and non-custodial preventive measures. However, it calls on the
authorities to enact and apply rapidly the necessary legislation
for it to be put into effect. It encourages the Azerbaijani authorities
to apply it in compliance with the standards of the Council of Europe.
It also calls on Azerbaijan to create a separate juvenile justice
system.
11. The Assembly stresses that the exercise of the fundamental
freedoms of expression, assembly and association, guaranteed in
Articles 10 and 11 of the European Convention on Human Rights, is
essential for the proper functioning of a democratic society. The
Assembly is extremely concerned about numerous allegations relating
both to a restrictive climate for the opposition’s extra-parliamentary
activities and limitations on the freedoms of expression, assembly
and association, in particular with regard to independent media
and advocates of freedom of expression. These systematic restrictions
and limitations do not meet the criteria of legality, proportionality
and necessity in a democratic society. The Assembly is very concerned
about the reported problems concerning the use of criminal legislation
to limit freedom of expression, as underlined by the Committee of
Ministers in its supervision of the application of European Court
of Human Rights judgments. The legislative framework for NGO activities
does not comply with European standards, as stated by the bodies of
the Council of Europe. Accordingly, the Assembly calls on the Azerbaijani
authorities to:
11.1. ensure that
activists, human rights defenders and other individuals are able
to peacefully exercise these rights without fear of retribution;
11.2. remove the obstacles to the work of journalists and human
rights defenders;
11.3. create an environment conducive to the work of the independent
media and the activities of NGOs;
11.4. bring legislation on defamation and NGOs into line with
the requirements arising from the judgments of the European Court
of Human Rights and the recommendations of the European Commission
for Democracy through Law (Venice Commission);
11.5. ensure that fair trial guarantees and due process rights
are respected and upheld in all cases;
11.6. abrogate any other legislative measure which could restrict
the exercise of the freedoms guaranteed in Articles 10 and 11 of
the Convention;
11.7. apply the relevant legislation in compliance with the
requirements arising from the Convention and the case law of the
Court.
12. The Assembly calls on the government to eliminate obstacles
to the activities of NGOs and to step up meaningful dialogue with
civil society.
13. Given that this is a region currently experiencing considerable
tension, the Assembly welcomes the secular nature of the State and
its climate of religious tolerance, for example in relation to the
Jewish community which, according to its representatives, lives
in harmony with the rest of the population.
14. The Assembly is aware that Azerbaijan, like most countries
in the Council of Europe, is faced with the problem of foreign fighters
in Syria and Iraq, and it supports the government’s efforts to combat
this phenomenon, urging it to do so with full regard for the principles
of the rule of law. The Assembly shares the authorities’ determination
to fight against the financing of terrorism.
15. The Assembly refers to its Resolution 2178 (2017) on the implementation
of judgments of the European Court of Human Rights. It notes that
more than 120 Court judgments against Azerbaijan have not yet been executed
or have been only partially implemented. The Assembly notes that
little progress has been made regarding the execution of certain
judgments or groups of judgments, in particular regarding ill-treatment, violations
of the right to a fair trial, the right to freedom of expression
and freedom of assembly and association, and the right to free elections.
It calls on the authorities to co-operate fully with the Committee
of Ministers and the Department for the Execution of Judgments of
the European Court of Human Rights and to take all the necessary
measures to implement quickly and fully the judgments of the Court,
including the payment of just satisfaction to applicants within
the time frames set out in the Court’s judgments.
16. The Assembly refers to the Court’s judgment of 22 May 2014
concerning Mr Ilgar Mammadov and the repeated calls of the Committee
of Ministers for his release. The Assembly urges the Azerbaijani
authorities to execute the judgment and release Mr Mammadov immediately.
17. The Assembly encourages the Azerbaijani authorities to step
up the measures to raise the awareness of the standards of the European
Convention on Human Rights among judges, prosecutors, law-enforcement officers
and lawyers.