Human Rights Day: What do you remember about this year?

December 10 - International Human Rights Day. This year, as in previous years, we talked with a human rights activist to learn about the state of human rights in Azerbaijan.

Rufat Safarov, co-founder of the human rights organization “Defense Line”, answered ASTNA's questions.

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Question: How do you assess the results of 2022 in the field of human rights? What was the most memorable year in 2022 in this area? What positive developments in the field of human rights have taken place this year? Or what kind of regression was recorded?

Answer: Unfortunately, the state of human rights does not cause optimism. The legal policy pursued by the Azerbaijani authorities, gross interference with constitutional rights and freedoms, the inability to guarantee a democratic system, the creation of obstacles to the development of civil society, the inability to ensure the rule of law as an expression of the will of the public, ignoring the principle of separation of powers as the main feature of the rule of law, the fact that the courts and legislators are an appendage of the highest executive power cause pessimism. 2022 was marked by a new wave of repressions. Politically motivated lawsuits and administrative persecution were recorded. There has been a serious regression in freedom of expression. The already difficult situation of the media was further complicated by the reactionary law “On Media”. The law was adopted without serious public hearings, without considering significant additions and amendments by critics and media experts. It is no coincidence that the Venice Commission gave a negative opinion to the law, which serves the interests of reactionary politics, noting that many of the provisions do not meet European standards regarding freedom of expression and freedom of the media, which does not allow the media to effectively play the role of “public watchdog”. In 2022, some famous people were isolated from society due to their opinions, statements, and even assumptions.

Within 11 months, Ali Aliyev, chairman of the Citizens and Development Party, was tried four times in 11 months on false grounds. Journalist Abid Gafarov was prosecuted for his professional activities and sentenced to imprisonment. Human rights defender Ilham Aslanoglu, who conducted public investigations into the Terter case, was unfairly convicted twice.

Based on fabricated accusations, the editor-in-chief of Khural TV, Avaz Zeynalli, was given an extreme measure of restraint. And although the lawyer Elchin Sadigov, who was detained with him, was subsequently placed under house arrest, his activities are currently seriously limited. There are certain encouraging moments, positive developments in the “Terter case”. Without a doubt, the main topic of human rights defenders was the brutal torture that hundreds of servicemen who served in the military units of the Ministry of Defense in the Terter, Aghdam, Beylagan regions, the murder of 10 servicemen and the investigation that is being conducted in this direction were subjected to in May-June 2017. Even though for five years the local community, victims or their legal successors, international organizations operating in the field of human rights, the UN Committee against Torture, PACE deputies published documents reflecting their position and appealed to the Azerbaijani government, official Baku behaved irresponsibly, calling the "Terter case" a "fairy tale", a "myth". Finally, in December last year, the criminal proceedings were renewed. The case materials were transferred from the Military Prosecutor's Office to the Prosecutor General's Office. This week, the right to freedom of 19 people was recognized since their guilt on charges of high treason was not proven. I believe that compensation issues should also be resolved fairly, with respect to those who in previous years passed unfair sentences, made illegal detentions, arrests, a criminal case should be initiated, an appropriate legal assessment should be given.

Question: Your organization prepares a monthly report on human rights violations. What fundamental rights have been violated the most this year? In general, what changes have taken place in the field of freedom of assembly, freedom of expression, freedom of the media and other freedoms?

Answer: The most violated were the fundamental rights and freedoms noted in Chapter 3 of the Constitution - the equality of all before the law and the courts, freedom of assembly, freedom of conscience, speech and opinion, and illegal punishments became widespread. In law enforcement agencies, special cruelty was applied to believers, unthinkable torture was used. The silence of the local community, as well as international human rights organizations, human rights activists, and representatives of civil society, has created fertile ground for the ruthlessness of government bodies towards believers.

This year, opposition parties such as PFPA, Musavat and APDB tried to freely assemble and protest, but the police intervened, used violence, were detained, and subjected to administrative arrest. In several cases, media representatives covering these scenes were also treated badly. Obviously, the government does not respect the right of citizens to participate in government, moreover, it does not recognize the right of people to unhindered participation in the political life of society and the state. It is no coincidence that the draft law “On political parties”, rich in reactionary, restrictive norms, was also adopted in the first reading, and by this official Baku once again confirmed that it generally wants to see a political critic. The fact that the violation of the right to equality is becoming a common picture, that a citizen takes a position before the law depending on his property status, official position, beliefs, membership in political parties, public associations, and this practice has been going on for 29 years, gives grounds to assert that in management must undergo not only fundamental, but radical changes. You know what's the worst? Not to mention the fact that the state does not guarantee the protection of the rights and freedoms of everyone, human dignity is now humiliated in state bodies, the critic says that he is stripped naked in the police station, threatened with rape, forced to speak in front of the camera: “I will no longer participate in court over my like-minded people, I will not try to do this.

In 2022, they put a knife to the throat of a journalist, an employee of Radio Liberty, Ayten Mammadova, and threatened her with death in connection with her professional activities. Earlier, Elchin Rahimzadeh, a journalist and head of Boomerang TV, who had been repeatedly detained by the State Security Service, received death threats. Public figure Bahtiyar Hajiyev was twice abducted, beaten, and subjected to ill-treatment for complaining about the actions of the Ministry of Internal Affairs and criticizing Minister Vilayat Eyvazov on social networks. The member of the Coordinating Center of the National Council Tofik Yagublu was treated in the same way. Yagublu was detained by the police, was tortured, his appearance became unrecognizable. And in the criminal cases initiated this year in connection with the attacks on Ayten Mammadova, Bakhtiyar Hajiyev, no progress was observed, investigative actions were carried out carelessly. It was alleged that Tofig Yagublu "beat himself." Look at the practice that determines the "legal image" of the republic...

Question: What area has the most human rights problems? In places of temporary detention, isolation wards, prisons, police stations, courts? In which of these places are human rights violated the most?

Answer: We will return to your question later. But, first, you should clarify the reasons for the violation of human rights in the places you indicated, as well as the environment and conditions that gave rise to them, so that the answer is exhaustive. We know that there is no democratic system of governance in Azerbaijan. Many arguments can be cited as proof of this. The fact that elections as an institution have been abolished since 1993, there have been massive falsifications in the presidential, parliamentary, and municipal elections, and the branches of government did not rely on legal grounds, gives reason to say that the system is undemocratic. Undividedly dominates, not limited by any right, the power of one person.

Authoritarian tendencies have penetrated the foundations of society and the state. The interests of political power are a priority for the structures of state power, especially the court, the prosecutor's office, the police, and special services, only after that the interests of society and the citizen follow. However, this is doubtful. In temporary detention facilities, pre-trial detention centers, prisons, and courts, which you mentioned in your question, as a rule, opinions, positions, provisions that do not correspond to the interests of the current system are silenced. These bodies operate in an atmosphere of impunity, enjoying the obvious privileges of a political power that is not responsible to the current legislation, and seek to participate more closely in repressive politics. The “Defense Line” has been operating for 2 years and 6 months. During this time, appeals have been received about countless offenses in places of temporary detention, pre-trial detention centers, prisons, police departments and departments, and courts. There is not a day when we do not accept citizens' appeals in connection with problems and violations in these areas. If we compare, we can say that complaints about the actions of the police and the structures that implement the penitentiary policy are received most of all.

Question: What is the situation with political prisoners? What is currently being done on their issue? What changes have taken place in the list of political prisoners? Who was arrested? How many people were sentenced to administrative arrest for political activities?

Answer: During the existence of the YAP government, part of the lives of thousands of citizens related to penitentiary institutions, pre-trial detention centers, temporary detention centers and prisons, precisely for political reasons. There was no such period for which the concept of a political prisoner would not be characteristic.

Although the compilation of a list of political prisoners does not belong to the activities of the Defense Line, nevertheless, referring to the positions of our colleagues, the lists published by them, we can say that today there are dozens of political prisoners in Azerbaijan. If divided into categories, then journalists, bloggers, political and public figures, believers are isolated from society because of their beliefs, opinions, expression, political position.

Question: What reforms should be carried out to further improve the human rights situation in 2022? Do human rights defenders have any consultations with the government about the state of human rights? Is there a joint search for a way out of this situation?

Answer: Of course, the problems that I outlined above will be resolved only when radical reforms are carried out, political and legal statements are made. As the “Defense Line”, we have contacts and consultations with representatives of the government, as well as with authorized persons of the ombudsman's office, the Ministry of Internal Affairs, and the Penitentiary Service. We also can express our criticism and suggestions directly. However, practice shows that the government is not ready to reform the judicial and legal system, interferes with political rights, constitutional freedoms, and is interested in adopting regulatory legal acts that restrict the activities of critics, free media, and opposition centers. At the same time, during our contacts and speeches, we bring to the fore the fact that political prisoners must be completely released, the balance between the branches of power must be maintained, the independence of the courts must be guaranteed, it is impossible for a petty corrupt official to be in prison, and a big one - at large, and for this, President Ilham Aliyev must demonstrate political will, the independence of the institution of lawyers must be ensured, it is necessary to show tolerance for the media disseminating oppositional opinions, the blocking of Internet sites must be eliminated, it is necessary to respect the right to freedom of assembly, in law enforcement torture, ill-treatment, degrading behavior should not be allowed in the institutions of the penitentiary service, the goals of punishment should be achieved, and most importantly, the policy should be carried out in a spirit of respect for the choice of people. Of course, everything I talked about today may seem illusory, but over time it should be implemented, I see no alternative to this.

Question: What is the international reaction to the human rights situation in the country? Can it be considered satisfactory?

Answer: I do not consider it satisfactory. The reaction of international organizations, institutions specializing in the field of human rights, centers of political power to strict government in the country, gross violation of human rights, and sometimes facts of violence, torture, is either inadequate or largely delayed.