Elections Monitoring and Democracy Studies Center (EMDSC): In Azerbaijan there are no conditions for democratic elections

 The EMDSC made a statement in connection with the upcoming December 23 municipal elections in Azerbaijan. The current socio-political situation, problems with human rights and freedoms, particularly with the implementation, do not allow  to hold in the country  free and fair elections, the document says.

 The EMDSC recalls that after the presidential elections in October 2013 in the country intensified suppression of political freedoms, repression, was limited to the activities of NGOs and the media.

In 2014, the number of political prisoners in the country reached 100, and the last pardon decree of 17 October, has not solved the problem.

During the presidency of Azerbaijan in the CoE Committee of Ministers (May-November 2014) were convicted and followed by new arrests prominent human rights defenders:

Heads and Deputy of EMDSC Anar Mammadov and Bashir Suleymanli, human rights activists and Leyla Yunus, Intigam Aliyev, Rasul Jafarov, journalist Seymour Hazy, the young activists of the party "Musavat" Kerimli Faraj, etc. Bank accounts of approximately 30 NGO s were frozen.   Lawsuits were filed  against a member of the National Council Gultekin Hajibeyli, investigative journalist Khadija Ismailova, and a lawyer Alaif Hasanov. Large fine undergone a member of the National Council Eldaniz Guliyev. Minor son a member of the National Council Oktay Gyulalyev  was sentenced to correctional labor. Since 2008, the Electoral Code introduced restrictive amendments: election campaign period has been reduced from 120 to 75 days and then to 60 days. These and other changes have been  adopted contrary to the opinion of the Venice Commission of the Council of Europe.

Over the past five years the authorities evade the discussions with the Venice Commission and ODIHR issues of improvement of electoral legislation. No, practical measures to address the European Court concerning the election are taken. Decisions of the European Court for ex-minister Ali Insanov and leader of REAL Ilgar Mamedov, who ran last year for president are not executed.  Heads of the EMDSC Anar Mammadov and Bashir Suleymanli  were convicted on trumped up charges.

Contrary to Azerbaijan's commitments under the European Charter of Local Self-Government, the authorities did not expand the powers of the municipalities,  and did not  strengthened their financial base. Azerbaijan is the only state in the CE, where there is no institution of the mayor in the capital and other major cities. Status of municipalities is not clear, and they are not included in the system of public administration.

 The EMDSC considers that in assessing elections, should be evaluated not only the stage of elections, but also the conditions of their execution, the socio-political background and the possibility of fair competition.

In this sense, the current municipal elections take place against the background of a non-democratic period in the last decade.  Taking it into account  the EMDSC believes that there are no political conditions for  conducting democratic, free and fair elections, and there is no opportunity to carry out independent monitoring of elections. In this regard, the EMDSC proposed the following recommendations:

* Immediately release political prisoners and prisoners of conscience;

* Stop lawsuits and other forms of pressure on civil society, political parties and journalists;

* Ensure freedom of expression, assembly and association, the right of ownership;

* To amend the electoral law on the basis of the recommendations of the OSCE ODIHR and the Council of Europe;

* Cancel reactionary amendments to the legislation in the field of NGOs;

* Create the conditions for election monitoring by local observers, release the heads of the EMDSC  Anar Mammadov and Bashir Suleymanli;

* Create conditions for the activities of foreign NGOs. -06D-