The 17 November 2018 detention of Azerbaijani opposition leaders and activists as they were attempting to organize a peaceful rally in the capital Baku is a violation of the right to freedom of peaceful assembly, reads a statement of Amnesty International.
Administrative Arrests Used for Political Purpose - the NGO Institute of Democratic Initiatives (IDI)
Baku/22.08.19/Turan: The practice of politically motivated administrative arrests is widespread in Azerbaijan. Moreover, there are cases of ill-treatment of detainees in places of detention. Such conclusions follow from the Research document "Analysis of the law on administrative arrests and the situation of ill-treatment (in places of detention)", prepared by the NGO Institute of Democratic Initiatives.
The report examines the statistics of administrative arrests in 2018, carries out a comparative analysis with the data for 2011, and shows trends for the period from 2011 to 2018.
The authors note that in 2011-2018 the number of administrative arrests in Azerbaijan increased from 3299 to 8449, that is, more than 2 times. In 2018, out of 8,449 administrative arrests, at least 78 were politically motivated. Over the past two years, 90 percent of activist arrests were carried out on charges of not subordinating to the police.
The authors also draw attention to the trend of tightening administrative legislation during the review period. Before the legislative amendments adopted on May 14, 2013, the maximum period of administrative arrest was 15 days, now this figure has been increased to three months.
The report indicates the spread of practice when citizens are taken to police departments without any reason. Courts without a fair investigation, only based on a police report, condemn detainees to administrative arrests.
IDI also draws attention to the incompatibility of places of detention of administratively arrested persons with international standards.
Arrestees are subject to physical and psychological pressure from the police.
Often they are not provided with lawyers, and defenders are appointed by order of the police. They do not give out newspapers to the arrested; do not conduct a normal medical examination. The rights to telephone calls and dates are not guaranteed.
In some cases, the arrested are even tortured. However, complaints of torture are not investigated by higher law enforcement agencies or by the courts.
The Ombudsman Institute in its annual reports completely denies the facts of torture in places of pre-trial detention, isolation wards and prisons.
The arrested activists also complain of physical and psychological pressure.
In addition, activists among the problems encountered in places of detention include the provision of poor-quality food, the deprivation of bathing in the bath, the prohibition of sleep during the day, etc.
The ECHR in 21 decisions recognized that activists were arrested in Azerbaijan for participating in or intending to participate in protests, and gave some recommendations.
In particular, it is proposed to apply softer administrative penalties, such as warnings.
To build trust between citizens and the police, fundamental reforms must be implemented in the police.
Legal proceedings must be conducted in accordance with the principles of fair justice and the requirements of the European Convention on Human Rights.
Citizens should not be subjected to police calls, detentions and arrests for political activities, participation in rallies. Detainees should be able to have immediate access to a lawyer of their choice, and to establish telephone communications with members of their family.
The practice of physical and psychological pressure on detainees should be stopped.
The conditions of detention and food quality of those arrested should be improved.
The facts of torture must be thoroughly investigated and the perpetrators punished.
The Ombudsman"s report should include a separate chapter on the facts of torture and ill-treatment.
Decisions of the ECHR regarding the adoption of legislative changes and practical steps must be unconditionally implemented.
* The NGO Institute of Democratic Initiatives (IDI) was established on November 5, 2013 by a group of lawyers and public activists with the aim of promoting the formation of an open society in Azerbaijan through democratic initiatives. The IDI is headed by a former member of the country's Central Election Commission, Akif Gurbanov. He was the only CEC member who did not sign the final protocol on the presidential election on October 13, 2013, due to numerous violations. -06D-
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