A new human rights organization on disturbing trends and practices in the law enforcement system of Azerbaijan

Baku/05.12.23/Turan: Recently, political repression against critics of the government has intensified in Azerbaijan, which is comparable in scale to the persecution of civil society in 2013-2014, the head of the Defender Legal Center Samad Rahimli said at today's press conference. The activity of this center began two months ago and this NGO is engaged in legal assistance to citizens, monitors judicial processes and the human rights situation in general.

Rahimli identified several trends of political pressure. In September, there have been prosecutions and administrative arrests of “opponents of the war”. Further arrests stopped, but the harassment of “opponents of the war" continues in the media; October was marked by a new wave of administrative arrests for criticizing the government, and especially the police.

In November, a wave of arrests of journalists and the head of the “Abzas Media” began. Rahimli called the proposal to transfer the concept of “petty hooliganism” to social networks an alarming trend.

In one of the printed publications of the country's Police Academy, a proposal was published to introduce a special norm into the Code of Administrative Misconduct - “Virtual hooliganism”, which is already being applied in Russia.

In October, several social media users were already administratively arrested for making statements on social networks, which was framed as ordinary “petty hooliganism”, although the activists did not commit the offenses imputed to them, Rahimli noted.

He also pointed out a violation of the principle of openness of judicial proceedings. This happens most often in the Baku Court of Appeal. The Defender Center recorded this at the trial of the theologian Sardar Babayev.

The expert called the bringing of the accused, including the same Babayev, to the trial in handcuffs and not removing them during the meeting another problem. This violates the right of the accused to an effective legal defense since he is sitting behind glass and cannot consult with a lawyer.

Rahimli also pointed out violations in the election of a preventive measure by the courts, which was once again manifested in the cases of journalists of “Abzas Media.”

The courts arbitrarily satisfy the investigation's requests for arrest, neglecting two important legal principles. Firstly, the talk is about the validity of bringing a person to criminal responsibility, and secondly, even if it is justified, detention must also be justified. That is, can the accused really hide from the investigation, destroy evidence, put pressure on witnesses?

Often, the investigation does not provide such grounds, and this is especially true of the cases of journalists, civil and religious activists. Another problem is the inhumane treatment of detainees in order to give them confessions. This practice is common in the cases of religious activists.

Detainees are offered to confess, threatening to toughen the charges, punish their loved ones, and when this does not work, torture is used. In general, in practice, violations by law enforcement and judicial authorities of a number of articles of the European Convention on Human Rights often take place, Rahimli noted.

*The Defender Human Rights Center was established by a group of lawyers cooperating with the Institute of Democratic Initiatives and other civil society structures on September 26, 2023. -06C-