"The last instance, which should organize the protection of human rights, also generates despair among citizens"

The Commissioner for Human Rights (Ombudswoman) of Azerbaijan, Sabina Aliyeva, presented to the Milli Majlis an annual report on the protection of human rights in the country in 2023. It turned out that during the year, the Ombudswoman received 29,411 appeals. She reported that the complaints mainly concerned the provision of an identity card, registration at the place of residence, deactivation of the individual identification number of the identity card, lifting restrictions on leaving the country. As for torture, cruel, inhuman or degrading treatment or punishment, according to Sabina Aliyeva, during the year there were 347 visits to institutions from which people cannot leave of their own free will.

"It was established that in Baku pre-trial detention center No. 1, designed for 2,500 people, during visits it turned out that the number of detainees exceeded the limit. In addition, it turned out that 800 people are being held in pre-trial detention center No. 2, designed for 700 people, 1,400 people are being held in pre-trial detention center No. 3, designed for 1,050 people, and 1,411 convicts are serving their sentences in penitentiary institution No. 2, with a detention limit of 1,200 people."

The Ombudswoman expressed concern that in some cases detainees are not allowed to meet with their lawyers. However, there is no information on the remaining cases in the Ombudswoman's annual report, except for creating problems for meetings with lawyers. The report also does not contain information on violations of citizens' political rights, including the rights to freedom of assembly, association, media, electoral rights, arrests of journalists, closure of media outlets, and problems of political prisoners.

Bashir Suleymanli, the head of the Institute of Civil Rights, answers the questions of ASTNA in connection with the annual report of the Ombudsman.

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Question: How do you assess the Ombudswoman's annual report?

Answer: The duties of the Ombudswoman are enshrined in the Constitution of the Republic of Azerbaijan and international treaties supported by the Republic of Azerbaijan, and is established to restore human rights and freedoms of violated state bodies, municipalities of the Republic of Azerbaijan, officials of legal entities and budgetary organizations owned by the State or municipal entity, or a controlling stake in which belongs to the state or municipal entity and for prevention of human rights violations in cases of, defined by this Constitutional Law. The Ombudswoman reports annually to the Milli Majlis.  In accordance with the law "On the Commissioner for Human Rights (Ombudsman.) The report should reflect the work done by the staff during the year, activities in the direction specified in the law.

The report does not fully cover all violations, whereas the law should cover more areas. Some areas have been touched superficially.  For example, torture, violence against women, whereas recently the number of reports of murders of women has increased.

It was noted that some violations were found out only after they were distributed in the media and social networks. Although it was possible to monitor and take preventive measures against these violations in advance. Most parts of the report do not differ much from the previous ones. However, my attention was drawn to the fundamental approach to some parts of it. For example, concern that the chosen preventive measures against the accused are related only to arrest, etc.

There is a large number of people in prisons, but there is no concern about international standards and nutrition. The question is not asked - why are food and drinking water being transported en masse to penitentiary institutions?! Because the food is not good.

Question: What is reflected in the report and what is not?

Answer: As already mentioned, the report noted violations in the choice of preventive measures. In particular, attention was once again drawn to the importance of choosing alternative preventive measures to arrest. It is noted that while some of them were subsequently acquitted, preventive measures were taken against them, which are akin to imprisonment. This is a positive moment, but in order to deepen it and carry out fundamental reforms, serious facts and figures must be presented.

Overcrowding is indicated, as well as a large number of detainees in isolation cells and a penitentiary institution. But in reality, the situation is more difficult than in the report.  What steps should be taken to improve the situation? This problem is also reflected in previous reports. But there are no special changes in sight. 

Another problem is related to violations in police departments, in this regard, there are many sections in the report.  There are detailed sections, in particular, on mistreatment of detainees, obstacles to the participation of a lawyer, etc.. Among other things, there are hard facts in connection with negative cases that occurred in police departments.

Violations that occurred in educational institutions were also noted. But even this does not fully and in detail reflect the situation. In particular, there is no deep concern about bullying, which has recently become more frequent and widespread among children.

One positive point drew attention to itself, which we have also repeatedly raised. For the first time, concern was expressed about the detention of first-time offenders, especially young people, together with other detainees.  I hope that practical work will be carried out in this regard.

Question: The functions of the Ombudsman are reflected in the law "On the Commissioner for Human Rights (Ombudsman)". This includes the restoration of violated human rights and freedoms in the country and the prevention of human rights violations. But the report does not say a word about human rights violations, political arrests, arrests of journalists, political prisoners. Why?

Answer: Unfortunately, the Ombudsman institution, as well as the authorities, denies that people are arrested in the country for their political views. Human rights violations occur, but violations of political freedoms are not reflected. For example, there is not a word about freedom of assembly and association.  In particular, they do not write about the arrests and harassment of journalists. Although this is a direct duty of the Ombudsman, and he must come up with a different approach, different from the authorities, to defend the rights of citizens in all directions. Unfortunately, we do not see this.

Question: How should the Ombudswoman actually act, what issues should her annual report contain?

Answer: The Law "On the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan" fully reflects the activities of the Ombudswoman. It identifies all areas and reflects all areas related to monitoring the activities of government agencies, the protection of human and civil rights. But the law is not enforced or is enforced unilaterally. Some laws in Azerbaijan are either not enforced, or are being implemented incompletely or unilaterally, in an advantageous form. This is one of those laws.

I believe that the report should reflect the full range of violations. Violations in all areas, from violations of the freedom of movement of citizens to violations of the right to vote, should be investigated and reported.

On the other hand, the Ombudswoman should be accessible to citizens. In cases of offenses that occur not only in the capital, but throughout the republic, the institution of the Ombudswoman should work as the most effective mechanism. If this happens, we will be able to see the serious impact of this institution.

Question: The Ombudsman's office should be an independent structure.  But who should complain if they are dissatisfied with her?

Answer: Naturally, if a representative parliament had been formed in the country, the activities of this institution would have been assessed, and the report would have been carefully studied, appropriate steps would have been taken. And as a result, the Ombudswoman's work would be more productive and real next time.  But we do not see this, we are witnessing the annual report on duty and its adoption. If one of the last authorities, which should organize the protection of human rights, demonstrates such an approach, then citizens despair. There are many offers.  But they must be taken into account. For example, in order to carry out fundamental reforms in the institution of the court, a serious intention is needed, and the implementation of international conventions to which Azerbaijan has acceded should be monitored. In particular, this concerns the execution of decisions of the European Court. Due to the reduction in the number of arrests, the reliability of the evidence should be examined and reflected in the reports. If law enforcement agencies continue to slander as they want, and the Ombudswoman, if contacted, will not be interested in them, then the situation will not change.