Azerbaijan: Commissioner asks for release of human rights defenders, journalists and civil society activists

Commissioner O’Flaherty published today a letter he addressed to the President of the Republic of Azerbaijan, in which he asks the authorities for the immediate release of all human rights defenders, journalists and civil society activists who are imprisoned for their legitimate work or for expressing dissenting or critical opinions and to drop the criminal charges against them, as well as related restrictions, including a ban on travelling abroad.

 «Accordingly, I share with you my concern about the recent arrests of a number of human rights defenders, journalists and civil society activists, including Akif Gurbanov and Alasgar Mammadli (both arrested in March 2024), Imran Aliyev and Anar Mammadli (both arrested in April 2024). I understand that all four have been charged with foreign currency smuggling, tax evasion and forging documents. I also note that since 2023 more than a dozen staff and journalists of three media outlets (Abzas Media, Kanal 13 and Toplum TV) have been arrested on similar charges. I am concerned at reports that the criminal proceedings against these human rights defenders, journalists and activists were launched in regard to carrying out their legitimate activities. I note that in similar cases – in one instance involving one of the human rights defenders mentioned above – which occurred almost a decade ago, the European Court of Human Rights (the Court) found a violation of Article 18 (limitation on use of restrictions on rights) of the European Convention of Human Rights (ECHR). It noted that there was a “troubling pattern of arbitrary arrests and detentions of government critics, civil society activists and human rights defenders through retaliatory prosecutions and misuse of criminal law in defiance of the rule of law”.

The Commissioner also asks the Azerbaijani authorities to conduct an effective investigation into the allegations of ill-treatment of several human rights defenders, journalists and activists while in police custody, and to ensure compliance with the rights of access to a lawyer and adequate medical care.

He further urges the Azerbaijani authorities to ensure that all laws and practices in connection with the freedoms of association, peaceful assembly and expression and the situation of human rights defenders, journalists and civil society activists comply with the relevant Council of Europe human rights standards, including by fully implementing the relevant judgments of the European Court of Human Rights”, - reads the letter published at the website of the Council of Europe.