Print
See related documents
Resolution 1917 (2013) Final version
The honouring of obligations and commitments by Azerbaijan
1. Azerbaijan joined the Council of
Europe on 21 January 2001. Upon accession, it committed itself to respect
the obligations incumbent upon every member State under Article
3 of the Statute with regard to pluralist democracy, the rule of
law and human rights. It also undertook a number of specific commitments listed
in Parliamentary Assembly Opinion
222 (2000) on Azerbaijan’s application for membership of the Council of
Europe.
2. In accordance with the monitoring procedure, as set out in Resolution 1115 (1997) and amended by Resolutions
1431 (2005) and 1515
(2006), the Assembly assessed the progress made by Azerbaijan
in the fulfilment of its obligations and commitments in Resolutions 1305 (2002) and 1545
(2007) on the honouring of obligations and commitments by Azerbaijan
and in Resolutions 1358
(2004), 1398 (2004), 1456 (2005), 1614 (2008) and 1750
(2010) on the functioning of democratic institutions in Azerbaijan.
3. The Assembly acknowledges the geopolitical context of Azerbaijan,
situated as it is at the crossroads of Europe and Asia, positioned
between the Russian Federation, Iran and Armenia, and inhabited
by a population the overwhelming majority of which is Muslim. Furthermore,
the Assembly is fully aware of the ongoing conflict with Armenia
over Nagorno-Karabakh, which to a large extent dominates the Azerbaijani
foreign policy agenda. The Assembly regrets that the negotiations
have not led, so far, to any tangible results and that the resolutions by
the Parliamentary Assembly, the European Parliament, the Organization
for Security and Co-operation in Europe (OSCE) and the United Nations
Security Council have to date not been implemented.
4. The Assembly recalls with satisfaction that the authorities
have always declared their pro-European aspirations and pursued
a policy of integration with Euro-Atlantic structures. Relations
with the European Union are governed by the Partnership and Cooperation
Agreement between the European Union and Azerbaijan. Furthermore,
Azerbaijan has participated in the European Neighbourhood Policy
since its launch in 2004, has been part of the Eastern Partnership
since 2009 and is a founding member of Euronest.
5. Since its accession, Azerbaijan has made substantial progress
with regard to the signature and ratification of Council of Europe
legal instruments. Azerbaijan has signed and ratified all but one
of the legal instruments included in its list of commitments. The
Assembly calls on Azerbaijan to ratify the remaining convention
– the European Charter for Regional or Minority Languages (ETS No.
148) – which it signed in 2001.
6. Clear progress has also been made in the establishment of
the legislative framework in some areas crucial for the functioning
of democratic institutions in compliance with European standards.
In particular, the establishment in 2005 of the Judicial Legal Council
constituted an important step in the country’s judicial reform.
Recently adopted legal acts providing for a revised recruitment
procedure for judges and amendments to the Law on Combating Corruption
and to the Criminal Code with regard to the criminalisation of corruption mark
further progress in this respect. The Assembly commends the Azerbaijani
authorities for their fruitful co-operation with the European Commission
for Democracy through Law (Venice Commission). The recent request
by the authorities for assistance in drafting a new law on defamation
is a good example of such co-operation.
7. Regrettably, progress in terms of implementation of some laws
has not been satisfactory. Restrictive application or violations
of some laws are resulting in growing concern with regard to the
rule of law and respect for human rights.
8. Since Azerbaijan’s accession to the Council of Europe, not
a single parliamentary or presidential election has fully met democratic
standards, as has also been confirmed by the judgments of the European
Court of Human Rights in seven cases out of the 35 considered admissible
relating to the 2005 parliamentary elections. Numerous cases relating
to the 2010 elections are pending before the Court. A number of
shortcomings and deficiencies in the electoral process, in particular
with regard to the Electoral Code, the composition of the electoral
commissions, candidate registration, observers and the complaints
and appeals procedure, must be addressed in time for the next elections.
9. The Assembly expresses its deep conviction that it is in the
best interests of the democratic process and the ruling party itself
to confront the opposition in a representative body and establish
a truly meaningful political dialogue within parliament. However,
since the last parliamentary elections in 2010, some well-known Azerbaijani
opposition parties are not represented in parliament and the ruling
party is the only one which is eligible to establish a political
group. Independent parliamentarians, albeit often critical towards
the government, have little chance of making their voices heard.
10. Regrettably, there is no political dialogue with the opposition
parties outside parliament. The Assembly is concerned by the restrictive
climate for the activities of the extra-parliamentary opposition,
which complains about limitations imposed on freedom of expression
and freedom of assembly and the lack of access to the public media.
11. The establishment of an inclusive political system and a truly
competitive and unrestrictive political environment requires full
implementation of basic freedoms, including freedom of expression,
freedom of assembly and freedom of association. The situation in
Azerbaijan is preoccupying and the Assembly expresses its deep concern
in this regard.
12. Recently adopted amendments to the Criminal Code and the Administrative
Code, which have increased penalties for the organisers of, and
participants in, “unauthorised” gatherings, raise concern. Considering
the authorities’ ongoing blanket ban on protests in the Baku city
centre, these amendments are likely to have a further negative impact
on freedom of assembly and freedom of expression. The restrictive
use of certain articles of the Criminal Code, in particular Articles
221 and 233, against participants in peaceful, albeit unauthorised,
demonstrations, is another matter of concern.
13. The Assembly recalls that the independence of the judiciary
is one of the basic preconditions for the rule of law, as well as
for the democratic principle of the separation of powers and a system
of checks and balances. The lack of independence of the judiciary
is a concern in Azerbaijan, where the executive branch, in some particular
cases, continues to exert influence on it. The fairness of trials,
including at the pre-trial stage, and equality of arms constitute
other major concerns.
14. The Assembly is alarmed by reports from human rights defenders
and domestic and international non-governmental organisations (NGOs)
about the alleged use of fabricated charges against activists and journalists.
The combination of the restrictive implementation of freedoms with
unfair trials and the undue influence of the executive results in
the systemic detention of people who may be considered prisoners
of conscience.
15. Alleged cases of torture and other forms of ill-treatment
at police stations, during the investigation period and in penal
institutions, as well as the impunity of perpetrators, are other
matters of major concern.
16. The Assembly is concerned by the criticism voiced by the domestic
and international communities with regard to irregularities in the
expropriation campaign started in 2009 in Baku. It urges the authorities
to ensure transparency of the process, compliance with the constitution
and the domestic law, and full respect for human rights. It also
calls for the revision of the cases which give rise to justified
doubts and legitimate concerns about their conformity with the law,
as well as the investigation of reports of alleged abuses and violations
during the expropriation and reconstruction procedures, followed
by adequate compensation and the bringing to justice of those who
have broken the law.
17. Despite the progress achieved in the introduction of a legislative
framework aimed at fighting corruption and organised crime, the
main challenge lies in the effective application of that legislation.
Results from the anti-corruption campaign, launched in 2011, still
remain to be seen.
18. Taking all these concerns into account, the Assembly calls
on the Azerbaijani authorities to:
18.1. with regard to the functioning of pluralist democracy:
18.1.1. address the shortcomings and
deficiencies identified by international observers during the last
presidential and parliamentary elections; introduce changes to the
Electoral Code in line with the recommendations of the Venice Commission
in time for the next presidential election;
18.1.2. create an unrestrictive and inclusive political environment;
establish a meaningful dialogue with the extra-parliamentary opposition;
18.1.3. address the question of the funding of political parties
in compliance with Committee of Ministers Recommendation Rec(2003)4
on common rules against corruption in the funding of political parties
and electoral campaigns;
18.1.4. reinforce the actual application of the constitutionally
guaranteed principle of the separation of powers and strengthen
parliamentary control over the executive, and in particular:
18.1.4.1. review the parliament’s internal
rules with a view to strengthening the possibilities for parliamentary
action by individual members of parliament who are not members of
the parliamentary group of the ruling party;
18.1.4.2. review the parliament’s internal rules with a view to
lowering the number of members of parliament required for the establishment
of a parliamentary faction to between 3% and 5% as is the case in
other European States;
18.2. with regard to the judiciary:
18.2.1. ensure full independence of the judiciary, in particular
vis-à-vis the executive, and refrain from any pressure on it;
18.2.2. enact in law the role of the Judicial Legal Council as
guarantor of the independence of the judiciary and implement this
law effectively;
18.2.3. establish a fixed retirement age valid for all judges;
18.2.4. conduct an analysis of the deficiencies in judicial practice
and give full consideration to reports of alleged shortcomings resulting
in unfair trials with a view to addressing them;
18.2.5. develop a human resources strategy which encourages professionalism,
independence and integrity, and establish a uniform and consistent
mechanism for assessing the performance of judges which is linked
with career development;
18.2.6. establish a single, effective system of random, nationwide
allocation of cases;
18.2.7. refrain from any pressure on lawyers defending activists
and journalists critical of the authorities and ensure effective
investigation into all reported cases of pressure with a view to bringing
the perpetrators to justice in accordance with Article 10 of the
European Convention on Human Rights (ETS No. 5);
18.2.8. ensure effective investigations with regard to all cases
of alleged corruption in the judiciary;
18.2.9. encourage the involvement of civil society in defining
and monitoring further strategies for the reform of the judiciary;
18.3. with regard to corruption and organised crime:
18.3.1. step up efforts to implement
existing anti-corruption legislation effectively;
18.3.2. fulfil the recommendations of the Group of States against
Corruption (GRECO);
18.3.3. pursue work on the drawing up of the draft law on the
prevention of conflicts of interest;
18.3.4. encourage the involvement of civil society in defining
and monitoring strategies for the fight against corruption and organised
crime;
18.4. with regard to alleged political prisoners and prisoners
of conscience:
18.4.1. review the cases
of human rights defenders, activists and journalists detained on criminal
charges following trials whose conformity with human rights standards
has been called into question by civil society and the international
community;
18.4.2. use all available legal tools to release those prisoners
whose detention gives rise to justified doubts and legitimate concerns;
18.4.3. release on humanitarian grounds alleged political prisoners
whose state of health raises concern;
18.4.4. fully implement the resolutions of the Assembly related
to alleged political prisoners in Azerbaijan;
18.5. with regard to torture and ill-treatment by law-enforcement
agents:
18.5.1. pursue efforts to eradicate
abuses by law-enforcement officials by effectively implementing
the measures to eliminate impunity and the lack of accountability
for such abuses; in particular by ensuring proper investigations
into individual cases;
18.5.2. ensure effective investigation into all reported cases
of alleged torture or ill-treatment with a view to bringing the
perpetrators to justice;
18.5.3. introduce more effective measures and procedural safeguards
against ill-treatment and torture in police stations, in compliance
with European standards, such as the installation of cameras;
18.5.4. promote civil society monitoring and develop further training
and awareness-raising measures;
18.5.5. pursue efforts in the implementation of the National Mechanism
for the Prevention of Torture and Ill-Treatment, and involve the
civil society in the process;
18.6. with regard to freedom of expression:
18.6.1. pursue efforts to elaborate
a new law on defamation in co-operation with the Venice Commission;
18.6.2. create the proper conditions for journalists to carry
out their work and refrain from any kind of pressure;
18.6.3. end practices of prosecution of journalists or others
who express critical opinions;
18.6.4. effectively investigate the murders of Mr Elmar Huseynov
and Mr Rafiq Tagi and bring the perpetrators to justice;
18.6.5. effectively investigate all cases of beatings reported
by journalists and bring the perpetrators to justice;
18.7. with regard to freedom of assembly:
18.7.1. ensure respect for freedom of assembly, and in particular:
18.7.1.1. find a compromise solution to
allow protest actions in some areas of Baku city centre, complying
with security requirements and acceptable for both the organisers
and the authorities;
18.7.1.2. refrain from using disproportionate police force against
peaceful protesters;
18.7.1.3. refrain from the restrictive use of certain articles of
the Criminal Code, in particular Articles 221 and 233, against participants
in peaceful, albeit unauthorised, demonstrations;
18.8. with regard to freedom of association:
18.8.1. review the law on NGOs with
a view to addressing the concerns formulated by the Venice Commission;
18.8.2. improve and facilitate the registration procedures for
international NGOs;
18.8.3. create an environment conducive for NGOs to carry out
their activities, including those expressing critical opinions;
18.9. with regard to freedom of conscience and religion:
18.9.1. review the law on freedom of
religion with a view to addressing the concerns expressed by the
Venice Commission;
18.9.2. improve and facilitate the registration procedures for
minority religious groups.
19. The Assembly encourages the authorities to step up their efforts
to implement legislation in the areas crucial for the proper functioning
of democratic institutions. Against this background, the Assembly
decides to continue the monitoring of Azerbaijan’s obligations and
commitments.