Practice of politically motivated administrative arrests is widespread in Azerbaijan

Baku/27.08.22/Turan: The Institute of Democratic Initiatives (IDI) released a report "Monitoring of politically motivated administrative arrests in Azerbaijan (2020-2021)".

The report is based on the results of monitoring of media and information that came from representatives of political parties and movements, civil activists and other sources.

The author points out that it was not possible to obtain accurate official statistics of administrative arrests for two years.

However, with reference to the Ministry of Justice, they report that 3,300 people were arrested in Azerbaijan in 2021 only on the presentation of the bailiffs.

In spite of the fact that the legislation provides for the use of arrests for administrative offenses as the last resort, this practice is widespread in Azerbaijan, the report says.

At the same time, administrative detentions are carried out with gross violations of procedural norms. Thus, a suspect in the administrative offense cannot be in the status of a detainee for more than 3 hours - he must either be released or appear before a court.

Only in special cases, detention can be longer than three hours, but in practice it is massive.

The authors also indicate a significant growth in the number of administrative arrests during the special quarantine regime imposed due to the coronavirus pandemic.

The report also indicates the spread of politically motivated administrative arrests.

Thus, in 2020-2021, at least 88 people were arrested administratively for political reasons. "Of these, 58 arrests were made in 2020; 30 in 2021," the report says.

Most of all, members of the Party of People's Front  of Azerbaijan were arrested – 58 people.

Besides, 3 activists of the Azerbaijan Democracy and Welfare Party, 2 of the Nida Movement, 2 of the Musavat Party, 8 public activists, 6 journalists, 9 members of religious structures and believers, 2 representatives of other categories were arrested.

In the reviewed period, the maximum term of imprisonment for politically motivated administrative cases was 60 days, and the minimum was 5 days.

Most of those arrested were sentenced to 30 days of imprisonment.

As a rule, activists were subjected to administrative arrests for their socio-political activities.

"Articles 535.1 (disobeying lawful request of police officer) and 211.1 (violation of anti-epidemic, sanitary and hygienic and quarantine regimes) were most often used as a means of punishment", further noted in the document.

The report concludes with recommendations.
In particular, it is proposed to apply more lenient types of administrative punishment instead of arrest, and in particular such a penalty as a "warning".

It is also recommended to stop using administrative arrests as a means of political pressure: to provide detainees on charges of administrative offenses with the opportunity to immediately contact their lawyers and relatives; to investigate their cases in courts transparently, fairly, etc.

IDI was set up in 2013. The institute is headed by former CEC member Akif Gurbanov. -06B-