Legal assembly under lawlessness

Recently, along with meetings of citizens regulated by law, attention attracted the open intervention of the authorities in assemblies not regulated by law. Legalized rallies, street processions, pickets, congresses and opposition conferences are actually prohibited. Other legal meetings, such as indoors, are informally prohibited.

It should be noted that information is available concerning police intervention in most areas, even in the smallest opposition gatherings. They intervene meetings held in private houses, from where the oppositionists are then taken to the police, subjected to administrative arrest, and fined. In particular, these offenses, discrimination, pressure are exerted on the leadership and members of the Popular Front Party. According to the PFPA Deputy Chairman Gezal Bayramly, on her Facebook page, the leaders and members of the district offices of the party regularly face such lawlessness.

Police interventions also took place during the Solidarity Marathon on June 28 at the headquarters of the Musavat party organized by the Committee against Repression and Torture. PFPA Chairman Ali Kerimli and other activists were temporarily detained and taken to the Binagadi District Police Department, and the Solidarity Marathon was stopped.

According to the organizers, the purpose of the marathon was to support persons illegally fined by the courts for participating in a legitimate protest, to help pay them fines. Recall that the illegal actions of local courts have already received complaints to the European Court. It is possible that in the future the violated rights of the complainants will be restored. However, pressure is exerted by the immediate execution of a court sentence on fines.

Do the authorities comply with the law?

Open police intervention in the meeting held at the headquarters of the Musavat Party, along with the violation of local and international law, is another manifestation of the absence of political freedoms and rights in the country.

This is a gross interference in the rights protected by Article 71 of the Constitution of the country on "Ensuring the rights and freedoms of people and citizens, as well as rights" and Article 11 of the Convention "On the Protection of Human Rights and Fundamental Freedoms". At the same time, it is a blatant violation of several articles of the laws "On Political Parties" and "On Freedom of Assembly". The Article 5 of the law "On political parties" reflects "Forms of activity of political parties". The law grants each party the right to organize work that is conducive to the activity of party members in accordance with its charter. With the exception of the moments stipulated by law, it is categorically not allowed to interfere in the activities of parties of state bodies and officials, but the authorities do not take these requirements of the law into account.

There is a gross interference in the implementation of the requirements of Article 12, which regulates the "rights of political parties". The Articles 12.1.6 and 12.1.7 speak about the right of parties to hold meetings and accept donations, but in practice, no conditions for this are created.

The most important thing is reflected in Article 13 of the "Rights and Objectives of the State in Relations with the Parties" of the Law "On Political Parties", which have not been implemented. However, no one has been brought to responsibility for this. While guaranteeing the rights of political parties to the state, observing the state"s legitimate interests and creating equal conditions for fulfilling statutory obligations, it is regrettable that the police violate these legal norms.

For some reason, the requirement of the Article 22 of the aforementioned law "Persons violating legal requirements are held accountable in accordance with the law" applies only to parties and their members.

Along with the law on political parties, the police also violate the requirements of the law on freedom of assembly. The Article 4 of the Law "On Unregulated Assemblies" explicitly states, "Meetings held in private ownership, in places rented or in premises in legal use, are not regulated by this law". In Article 7 of the law, legal restrictions on the freedom of assembly do not concern unregulated assemblies at all. The Article 8 of the Law "Prohibition of the holding of meetings or their suspension" applies to meetings regulated by law. If the requirements of the law were taken as a basis, then the police must be held accountable for these offenses.

What are the reasons for ignoring the law by the authorities?

The authorities fear that through a peaceful struggle with the opposition they may lose. The government does not enter into direct discussions with the real opposition in any media plane. Shy away from an open dialogue, free elections, and political discussion. Sociopolitical problems existing in the country increase discontent and propensity to protest. The government is trying to show the society more rigid and violent behavior.

Despite all the pressures, self-organization continues in the opposition camp. In particular, the campaign to provide material assistance to the families of political prisoners, the demonstration of solidarity of individuals subjected to fines - all this is gradually destroying the atmosphere of fear created by the authorities. Last year's virtual action of the opposition youth "catch me" ("məni tut"), as well as the current marathon of solidarity reduced the negative psychological impact of the problem of political prisoners, administrative arrests and fines. The authorities, through the force of law enforcement, want to stop this tendency, to prevent the real opposition from turning into a real alternative.

Finally, the authorities should make efforts to curb the negative factors that cause the deepening of the atmosphere of lawlessness and lawlessness in the country. In the current geopolitical situation, the illegal behavior of the police and the reflection of these actions in international reports will work to the detriment of the authorities. At the same time, the illegal behavior of the authorities deepens tensions, violence, aggression and hatred in the country. In conditions when social networks form public opinion, the relations between state and citizen and government-opposition can get a more complicated picture.