The process of early release of prisoners needs to be intensified

***

- How do you assess the human rights situation in the country during quarantine days?

- The main problems observed after the introduction of the quarantine regime in terms of protecting human rights are related to two areas:

1. Frankly undoubted politically motivated criminal cases and, as a result, the application of preventive measures against Tofig Yagublu, Elchin Mammad, Elvin Muradov. We can add to this the politically motivated administrative arrests.

2. Abuse of the application of Article 211 of the Code of Administrative Offenses (violation of the anti-epidemic regime) and non-compliance with the law. For example, there are reports that citizens were immediately fined without warning, and even fines were sent to people who were photographed inside their cars without masks.

- There is an opinion that the government violates human rights by using quarantine declared in the country. This is mainly stated by Western organizations commenting on the arrest of Tofig Yagublu. We see that this trend continues. For example, the arrest of Faig Amirli and Ruslan Amirov, the threat to Ilkin Rustamzade and his family, the arrest of a dissident activist, his call to the police, and so on. Why is the government doing this now? Does the government really violate human rights by using the quarantine regime in the country for its political purposes, or what scares the government in this situation?

- It is difficult to give an exact answer. There may be different answers to the question of why these violations are allowed. As a human rights defender, I would like to call for an end to such acts, to release those against whom there is no serious suspicion regardless of their political position, and to take fundamental steps to protect human rights. Quarantine is not an obstacle to such steps.

- The other day, the president signed a decree on clemency. One hundred and seventy six prisoners over 65 years old were released due to coronavirus. Interestingly, the MNS Generals Akif Chovdarov and Subahir Gurbanov, who were accused of participating in several bloody incidents, were also released. There are those who conclude that the authorities took this step to release Akif Chovdarov. By the way, under this amnesty, a man whose name appears in two lists of political prisoners was released. Do you think this step was caused by quarantine or other motives?

- The application of any decree on pardon or any other mechanism leading to the release of prisoners, including political prisoners, creates positive expectations, and this time it happened. It is no coincidence that PACE co-rapporteurs for Azerbaijan, as well as a rapporteur for political prisoners issued a joint statement welcoming the decree on pardon. However, they also called for the release of political prisoners. I do not think that this decree was signed only for the release of Akif Chovdarov. However, the problem is that a number of prisoners over 65 years of age who had no reasons preventing their release were not released. In this context, the release of Akif Chovdarov, who committed serious crimes, is certainly not clearly assessed.

- In fact, due to the pandemic, people in prison were released to prevent the spread of the disease on the premises. There were those in Azerbaijan who were waiting for this decree, because those who were released from prisons say that places of detention are very far from sanitation. However, this step has not been taken. The dissemination of information on social networks about the presence of sick prisoners and people with fever in some colonies is alarming. What information do you have? Why were the prisoners not released, at least temporarily?

- The Institute for Temporary Release of Prisoners in Azerbaijan is practically absent. I believe that the penitentiary service has limited opportunities to monitor the released prisoners (there are not enough special bracelets and equipment for monitoring). Instead of temporary release, one can speed up the release of certain categories of prisoners. The Ministry of Justice has already officially announced that in connection with the pandemic, 260 prisoners were released ahead of schedule by a court decision. This process needs to be intensified. For example, prisoners who have health problems (independently, they are less than or older than 65), who have served most of the sentence (12 months before being released or less), should be released. Both the penitentiary service and the ombudsman’s office provided explanations regarding the continuation of the process. We are currently monitoring and hope that prisoners will be released and will have effective protection against a pandemic.

- The presence of political arrests and threats during the quarantine days causes many people stress and irritation with the steps of the authorities. What would you suggest? What steps would the authorities take to complete these quarantine days in conditions of calm, stability and the absence of human rights violations?

- They should demonstrate political will; take steps towards the announced political dialogue. At the same time, the focus should be on protecting public health.