Human rights activists criticize the Ombudsman's report

On March 5, the Milli Majlis of Azerbaijan approved the annual report of the Commissioner for Human Rights Sabina Aliyeva on the activities of the Ombudsman in 2023.

In 2023, the Ombudsman received 29,411 complaints. “The appeals were reviewed and answered within the established time frame,” the report says.

Many complaints related to the provision of identity cards, registration at the place of residence, the removal of the ban on leaving the country, etc.

“Requests were made to the authorized state bodies on these appeals, and the necessary measures were taken to restore the rights of citizens,” the report says.

Aliyev called "disturbing facts" cases of "children, especially girls, avoiding education, early marriage, violence against children in society, family and educational institutions."

Regarding property rights, the Ombudsman made a proposal to conduct an inventory of illegally built housing and conduct their state registration.

Aliyeva also announced the return of 60 Azerbaijani citizens from Iraq and Syria in 2023, including 13 women and 47 children. A total of 469 women and children have been repatriated from these countries in recent years.

As part of measures to prevent torture, cruel, inhuman or degrading treatment in places of detention, the Ombudsman and his representatives made 347 visits to institutions of forced detention.

The Ombudsman noted the overcrowding of penitentiary institutions. So, in the 2,500-seat Baku pre-trial detention center-1, “there were more prisoners than the limit.”

There were 800 people in the Ganja pre-trial detention center-2, although the facility is designed for 700 prisoners.

No more than 1,050 people should be held in the Shuvalan pre-trial detention center-3, but 1,400 prisoners turned out to be there.

Correctional facility No. 2, designed for 1,200 prisoners, housed 1,411 people.

Aliyeva also drew attention to cases of unjustified pre-trial detention of the accused. Thus, more than 100 people who were placed in custody in 2023 were subsequently acquitted by the courts.

Aliyeva also pointed to an alarming trend of recidivism. So, in 2020, 2,859 previously convicted persons were brought to criminal responsibility, in 2021 - 4,374, and in 2022 - 5,127.

Government agencies should take measures to eliminate the causes of repeated crimes by previously convicted persons, the Ombudsman notes. She also expressed concern about the facts of the non-admission of lawyers to the detainees. In particular, she pointed to the facts that the police refused to allow lawyers with their clients, despite the presentation of warrants. Such cases were reported by the Baku police, as well as the Department for Combating Organized Crime of the Ministry of Internal Affairs.

The Nizami police Department revealed the detention of a first-time detainee in the same cell with a previously convicted person. The police of Khatai, Sabail, Shamkir and Aghstafa districts had similar facts, the report says.

The Ombudsman noted the need to strengthen the role of bailiffs to ensure the execution of court decisions and eliminate red tape, the Ombudsman's report says.

Commenting on this report, the human rights activists criticized it. In particular, for the fact that there are no facts of violations of political rights of citizens, including freedom of assembly, association, media, electoral rights, as well as arrests of journalists and, in general, the problems of political prisoners.

“Azerbaijan is governed according to the model of the Soviet regime. Officials, security forces, and members of the Parliament deny the presence of political prisoners in the country. However, when the Ombudsman, who should be the country's main human rights defender, is silent about the matter, this is oit of all proportion.

The Council of Europe, the European Parliament, the US State Department see the problems of political prisoners in Azerbaijan, while the Ombudsman does not notice any of that? ”, - the head of the Monitoring Center for Political Prisoners Elshan Hasanov told Turan.

According to him, the authorities deny the problem of political prisoners, but when the President pardons them, they praise the head of state.

He also noted the problem of persecution of believers. “In the near future we will publish a new list of political prisoners. The number of believers has increased in it. They are arrested under the slogans of exposing Iranian spies, and charges are brought in connection with drugs,” Hasanov said.

According to him, political prisoners and other prisoners are being tortured. “However, the Ombudsman says nothing about this,” Hasanov noted.

Rufat Safarov, executive director of the human rights organization "Line of Protection", believes that "the very nature of the political system in the country predetermines the formality of the institution of the Ombudsman.”

“Over the past year, the repressions have reached its peak, politically motivated administrative and criminal prosecutions, and tortures have become common practice. However, the Ombudsman did not say a word about it.

Also, the report says nothing about the arrests of journalists from "Abzas media", "Kana-13", bloggers, human rights defenders; about almost daily arrests of believers,” Safarov said.

Lawyer Elchin Sadigov, who participates in the protection of political prisoners, pointed out that the Ombudsman does not have any ability to eliminate human rights violations. “There are gaps in the legislation. As a matter of fact, the Ombudsman cannot investigate the appeals independently. She sends requests to the body that citizens and their lawyers complain about. They send a reply from there, which they forward to us, but the problem is not solved,” Sadygov said.

This notwithstanding, he said, the Ombudsman is the only institution where lawyers can appeal to solve the issue.