IDI points to lack of progress on freedom of expression in Azerbaijan

Baku/17.09.22/Turan: There is no progress in the state of freedom of expression in Azerbaijan, according to a study by the Azerbaijan Non-Governmental Institute for Democratic Initiatives (IDI). The NGO has prepared a detailed study “On the state of freedom of expression in Azerbaijan”, which analyzed the situation for 2021.

“Compared to previous years, there has been no progress in the state of freedom of expression in Azerbaijan. No positive changes in the legislation have been registered, and in practice, state institutions abused their powers and carried out unlawful interference with freedom of expression,” the document emphasizes.

Often, administrative authorities used punitive powers as a means of unreasonable pressure to restrict freedom of expression. The practice of detentions, pressure and threats to political and public activists for their dissent on social networks continued. In 2021, six people were prosecuted for disseminating opinions.

One of the biggest problems is the existence of criminal liability for libel in the legislation and the application of this article in practice, the authors of the study believe.

Another main violation identified by the ECHR in many cases against Azerbaijan is the disproportionate punishment. “Thus, these decisions indicated that local courts chose the most severe sanctions and did not take into account factors such as the role of a person in public life,” the IDI emphasizes.

In 2021, the ECHR ruled on violations of the right to freedom of speech in a total of 85 cases. Six decisions against Azerbaijan were recognized as a violation of the right to freedom of expression, and the country ranks 3rd in this ranking. To date, the ECHR has issued 16 judgments against Azerbaijan regarding violations of freedom of speech, the study further states. The government does not implement the verdicts of the Strasbourg court in full.

Although the compensatory part of the judgments is mainly implemented, however, the norms of the legislation are not adapted to the prescriptions of the ECHR and the provisions of the European Convention, the illegal actions of officials that led to the violation of the rights of citizens are not investigated. The study concluded with a number of recommendations.

In particular, it is proposed to exclude articles 147 (libel) and 148 (insult) from the Criminal Code and establish only civil liability for defamation.

Criminal cases in which journalists were sentenced to prison terms should also be re-investigated, with the subsequent release of those illegally sentenced to this.

Laws on the protection of journalists in the performance of their professional activities and on ensuring their access to information should be applied in practice.

The authorities must show political will and take into account the reports of PACE and local human rights activists regarding the release of political prisoners.

General prescriptions in the decisions of the ECtHR on ensuring freedom of expression should be implemented, the persecution of users of social networks should be suspended, the study concludes.

IDI was founded in 2013. The institute is headed by former CEC member Akif Gurbanov. --06В--