UN Committee Decides on Complaint against Azerbaijan

The UN Human Rights Committee (UNHRC) published a decision on the complaint Agazadeh and Jafarov against Azerbaijan, Eldar Zeynalov, Director of the Azerbaijani Human Rights Center, wrote in his blog.

As explained by Zeynalov, besides the complaints to the European Court of Human Rights (ECHR) the citizens of Azerbaijan have the right to file individual complaints with four UN committees since 2001-2002.

The case of Agazadeh and Jafarov v. Azerbaijan (CCPR / C / 118 / D / 2205/2012) concerns the issues of licensing electronic media.

Yashar Agazadeh, at the time of filing a complaint in November 2012, was the editor-in-chief of the newspaper Muhakime, and Rasul Jafarov was the co-founder and chairman of the NGO Development of Television and Alternative Media.

In March 2010, Jafarov asked the National TV and Radio Council (NTRC) to provide information on free radio frequencies for use. He also asked why the tenders for frequency allocation are not conducted, as stipulated in the law. In response, NTRC only confirmed the availability of free frequencies, but their list was never published.

 In May of the same year, Agazadeh and Jafarov applied to NTRC for a license to broadcast in Baku and on the Absheron peninsula, but received a negative response.

Attempts to appeal against the actions of NTRC to the national courts were unsuccessful. After that, Agazadeh and Jafarov appealed to the UN Human Rights Committee with an individual complaint about violation of Article 19 (3) of the International Covenant on Civil and Political Rights, which guarantees freedom of expression. In their complaint, the authors noted the almost complete absence of independent broadcasters in the Azerbaijani electronic media. Regulating the distribution of frequencies, issuing licenses and controlling the advertising market, the Azerbaijani government controls electronic media, as a result of which there is no pluralism in this area.

At the same time, the applicants drew attention to the fact that NTRC limited the issuance of licenses despite a lot of free frequencies.

The Committee concluded that the authors' freedom of expression was restricted.

The Committee notes that the Government is obliged to provide full compensation to those whose rights have been violated. It is also obliged to prevent such violations in the future. It is proposed that the broadcasting legislation be reviewed so that licenses for free radio frequencies are distributed on the basis of clear and transparent procedures guaranteeing regular and open competitions.

At the same time, access to candidates for contests should be based on non-discriminatory criteria, and with the aim of promoting media pluralism.

This case was the first decision of the United Nations against Azerbaijan on the complaint of violation of freedom of expression, Zeynalov stressed.

According to Jafarov, this decision, unlike the judgments of ECHR, is not binding, but at the level of the Committee it confirms the existence of serious problems in Azerbaijan with human rights, and in particular with freedom of expression. -06D--