“The expectations for positive dynamics in relations with PACE come from the Azerbaijani side”

It is reported that the issue of the human rights situation in Azerbaijan has been included in the agenda of the autumn session of the Parliamentary Assembly of the Council of Europe (PACE).

On the first day of the session, September 30, an urgent debate titled “The Deterioration of the Human Rights, Rule of Law, and Democracy Situation in Azerbaijan” has been scheduled.

On September 13, Turan, citing sources in the Council of Europe, reported that if the agenda is approved, discussions on the topic will begin on October 3: “Based on the results of the discussions, recommendations will be adopted on the measures to be taken against Azerbaijan for failing to fulfill its obligations before the Council of Europe’s Committee of Ministers.”

Fuad Hasanov, a member of the Global Council of the Publish What You Pay International Organization for the Eurasia Region, chairman of the Democracy Monitor Public Union, and former chief expert of the UN Development Program, spoke to ASTNA on the topic.

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Question: Mr. Fuad, the agenda of PACE includes an urgent debate titled “The Deterioration of the Human Rights, Rule of Law, and Democracy Situation in Azerbaijan.” Was this necessary? What is PACE aiming to achieve with this?

Answer: I would like to note that according to the procedural rules of the Parliamentary Assembly of the Council of Europe, Rule 51 regarding the urgent procedure in the Assembly was considered on June 27, 1994, and the Assembly took into account the Bureau's proposals regarding the urgent procedure (Document 7080, Paragraph XXII). Depending on the presentation, the Bureau considers requests for the urgent procedure. The Chair (or another member of the Bureau) will present the Bureau's recommendation to the Assembly at its next meeting in accordance with Rule 51.3 and will set the date and time of the debates in accordance with Rule 51.4. The Committee usually does not submit more than one request for the urgent procedure during any session. However, the Bureau also notes that if justified by the course of events and if there is a unanimous opinion of the Committee, the possibility of the Committee submitting more than one request is not excluded. In this case, reference is also made to Rule 27.4. According to Rule 51.1, debates can be held on an issue not included in the draft agenda at the request of the Committee of Ministers of the Council of Europe, the relevant Committee, one or several political groups, or twenty or more members of the Assembly or their deputies.

In general, the decision-making process of the Bureau and its presentation to the Assembly regarding the application of PACE's procedural rules is complex and open to justified exceptions. One of the main criteria for the Bureau to choose the urgent procedure is a specific moment that justifies the relevance of the topic, whether it is a new issue or an ongoing issue that has reached a critical point in the political, social, or economic context. Azerbaijan's failure, as a member state, to fulfill its obligations or even its open and ongoing refusal to do so, as well as the deteriorating human rights situation, are the main factors that require the application of the urgent procedure. The decision to urgently discuss the worsening situation in Azerbaijan regarding human rights, the rule of law, and democracy was made by a two-thirds majority of the Bureau members, and this should be perceived as a serious political gesture with potential legal consequences.

Question: The information states: "Recommendations will be made regarding measures to be taken against Azerbaijan for failing to fulfill its obligations to the Committee of Ministers of the Council of Europe." What measures can be taken against Azerbaijan?

Answer: If a member state of the Council of Europe (CoE) does not fulfill its legal obligations, the Committee of Ministers can implement several measures: According to Article 8 (Suspension of rights), if a member state seriously violates Article 3 (which embodies the principles of the rule of law and human rights), the Committee of Ministers can suspend the country's representation rights and demand its withdrawal. If the member state does not comply with the withdrawal request, the Committee of Ministers can decide to suspend its membership in the Council of Europe from the specified date. Additionally, according to Article 9, if a member state does not fulfill its financial obligations, the Committee of Ministers can suspend its right to representation in the Committee and the Consultative Assembly until these obligations are fulfilled.

These measures ensure that member states adhere to their obligations and the principles of the Council of Europe. The Committee of Ministers and the Parliamentary Assembly, as noted in various articles and resolutions, can consult and make recommendations on addressing the issue of refusal to cooperate. The Committee of Ministers can also take appropriate measures to consult with international non-governmental organizations working on issues within the scope of the Council of Europe's mandate.

Question: A new wave of tension in Azerbaijan-PACE relations arose after official Baku banned deputies who voted for the suspension of the delegation's mandate of Azerbaijan earlier this year. If PACE now takes any further measures, won't this exacerbate the tension even more?

Answer: First of all, I would like to remind you that the Council of Europe is a leading human rights organization established to promote democracy, human rights, and the rule of law in Europe and beyond. Membership in the organization is a voluntary commitment for states located in the European political space, and it is an international politico-legal platform that cannot simply be renounced. Azerbaijan was admitted as a member in 2001, voluntarily undertaking commitments in the fields of human rights, the rule of law, and cooperation in political, social, and economic rights. While the first years of cooperation between Azerbaijan and the Council of Europe developed positively, subsequent stages of cooperation saw and continue to see persistent and substantial problems.

Currently, the issues in cooperation between the country and the organization have worsened, leading to an undesirable crisis situation. Individuals classified as political prisoners, who found themselves in detention without ensuring the rule of law, were previously released in small groups through amnesty and then through the pardon mechanism. However, this problem has not been resolved systematically or permanently, despite constant demands and appeals from the Council of Europe and other international organizations. The practice of political imprisonment has not been discontinued. Recent pardon decrees, with some exceptions, did not extend to individuals classified as political prisoners, which further exacerbated the government's approach to this issue.

The authorities of Azerbaijan have consistently avoided cooperation with the Council of Europe's rapporteurs on political prisoners — first Christoph Strasser, and then Sunna Thorildur — and have continuously created obstacles for their visits within the framework of their mandates. During the visits of the latter rapporteurs, who monitored Azerbaijan's compliance with its obligations to the Parliamentary Assembly, necessary cooperation was not provided. Currently, Azerbaijan leads the list of member states that perform worst in implementing the European Court of Human Rights' decisions, with 75% of the decisions regarding the country remaining unenforced.

Last year, Azerbaijan completely ceased its already weak cooperation with the Committee of the Council of Europe against Torture (CPT), which monitors and assesses the implementation of the absolute right not to be subjected to torture (Article 3 of the European Convention on Human Rights) in member states. One of the priority issues within the scope of the Council of Europe's mandate is the regular observation of elections in member states, with short-term missions being sent under the auspices of OSCE's long-term observation. Azerbaijan excluded the Council of Europe from invitations to international observation missions for the last two election campaigns, leading to a deadlock in cooperation in this area and non-fulfillment of legal obligations.

It should also be noted that a prepared and accepted 219-page report by international experts years ago titled "Corruption in the Council of Europe" vividly exposed Azerbaijan's irrefutable negative practices within the organization, further damaging the country's already poor image in terms of transparency and human rights.

PACE's refusal earlier this year to confirm the mandate of Azerbaijan's delegation for the current year was the first necessary and inevitable step of the continent's largest human rights organization in response to Azerbaijan's long-standing evasion and even refusal, as a member state of this organization, to fulfill its obligations, as mentioned above. The goal is to ensure substantial positive changes in Azerbaijan's behavior and to facilitate its full return to this major platform. To improve relations, it would be sufficient for Azerbaijan to make a high-level political statement confirming its commitment to its obligations. Of course, this demonstration of political will should have been confirmed by the necessary practical steps towards fulfilling these obligations. However, instead, actions were taken that further exacerbated the tension. A few months after PACE's decision earlier this year, Azerbaijan declared 76 deputies who voted for not confirming the mandate of Azerbaijan's delegation as persona non grata and announced a ban on their entry into the country. This indicates that, despite expectations of a positive dynamic from Azerbaijan, the country is not ready for it.

Question: Ilham Aliyev stated in Italy that the ban on Azerbaijan's membership in PACE will be lifted as soon as Azerbaijan returns to the organization. At this time, extraordinary parliamentary elections were held in Azerbaijan, for which the Council of Europe observation mission was not invited. OSCE/ODIHR did not give a positive assessment of the elections. Do you think PACE will recognize a delegation from Azerbaijan consisting of newly elected deputies?

Answer: To confirm the mandate of the delegation in PACE before the expiration of one year, several discussions were held in the Committee of Ministers. The unanimous position was that Azerbaijan should begin to take the necessary steps gradually. Considering that Azerbaijan has not taken any necessary steps on the issues listed in the "Corruption in the Council of Europe" report and that last year it completely ceased cooperation with the Committee against Torture (CPT), a critically important body of the Council of Europe, the situation has only worsened. Moreover, PACE was not invited to observe the extraordinary presidential elections, which is a legal obligation of Azerbaijan. These actions are the reason why the delegation's mandate in PACE was not confirmed.

Contrary to expectations of a positive dynamic in relations, Azerbaijan has not taken the necessary steps, and its refusal to invite PACE observation missions to the extraordinary parliamentary elections indicates that Azerbaijan still lacks high-level political will. Yes, the preliminary report of ODIHR/OSCE on the elections was objective and critical, and the final report, which will be published in about two months, will provide a more detailed picture of the elections and post-election processes. It is expected that the final assessment will also be negative.

Question: Who benefits from the deterioration of relations with the Council of Europe? Who gains from this?

Answer: The deterioration of relations with the Council of Europe is certainly not in the organization's interests, and considering the changing backdrop of not so distant regional and global processes, it should also not be in Azerbaijan's interests. The only party that seems to benefit from the deterioration of relations is Russia, which has burned bridges with the West, including the Council of Europe, and is interested in contradictions, crises, and conflicts in relations between Western countries and regional states while pursuing ambitions of alternative regional and global alliances.

Question: What steps should both sides take to return relations to normal?

Answer: The key to improving relations lies in Azerbaijan's hands. The first step could be a political statement of goodwill. Then, cooperation with the Council of Europe's CPT can be quickly restored, and the mistaken political decision to ban PACE members from entering the country can be revoked. At the same time, Azerbaijan's delegation's mandate in PACE will be restored, I am sure of it. Let us take into account that the Council of Europe stated in January that it had no choice but to make such a decision, as the member state did not respect the organization's values, and also stated that it is interested in Azerbaijan's swift return.

It is disappointing that a country that has significant human rights obligations to the international organizations of which it is a member, cooperates with such an important global partner as the European Union in the fields of energy security, regional communications, and other strategic areas, as well as claims participation in shaping regional peace and security and economic cooperation architecture, has 303 political prisoners. This fact has been repeatedly emphasized in new international reports and continues to damage the country's image.

Hosting COP29 (Conference of the Parties) on human rights and climate change by Azerbaijan presents both opportunities and challenges. However, it is regrettable that in Azerbaijan, which will host this major event, the human rights situation is deteriorating, and there is a lack of a free and effective civil society environment. It is crucial that by November, when this grand event will take place, political prisoners are released, politically motivated persecutions are ceased, and this issue is resolved systematically and sustainably, along with improving the legislative and practical environment for a free civil society.