The Election Monitoring and Democratic Studies Center (EMDS) issued a tough statement condemning the legislative initiative of the deputy, Rafael Jabrailov, to toughen responsibility for organizing unauthorized rallies and participating in them. According to Anar Mammadov, the head of the Center, the proposed amendments to the law "On freedom of assembly", the Criminal Code and the Code of Administrative Offences, aimed at limiting the freedom of peaceful assembly and increase penalties. These amendments provide for a sharp increase in penalties to participants and organizers of rallies that the government bans.
"This is contrary to the commitments undertaken by the country to the CoE and the OSCE on freedom of assembly," reminded EMDS.
He stressed that free assembly, with prior notification, and spontaneous actions can not be allowed if they are not accompanied by a violation; of public order, damage to the environment and human health, violence, religious, ethnic, political and racial hatred, and do not coincide in time and place with other actions.
Unfortunately, instead of taking into account such an approach by the CE and the OSCE, attempts are made to further restrict the legislation in this field. Therefore, the proposed measures are unjust, illegitimate, and contrary to the obligations of the state," said Mammadov.
The initiative is also aimed against freedom of expression, which is an integral part of freedom of assembly, and contrary to the Constitution of Azerbaijan, the European Convention on Human Rights, the OSCE Copenhagen Document, etc.
The bill is to be sent for examination to the Venice Commission and the OSCE, ODIHR, said the Head of the EMDS.
The project of Jabrailov, proposes to dramaticly increase the fines against participants and organizers of unauthorized government protests. Thus, according to the proposed changes, a participant of an unauthorized action will be fined from 500 to 1,000 manat (previously the fine was seven to 13 manat.) The fine for organizers is from 1500 to 3000 manat. If organizers are officials, the fine can range from 3,000 to 6,000 manat. If the organizer is a legal person, the amount of the fine will increase from 15,000 to 30,000 manat. –06D-
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