Will the President Be Granted Authority to Pardon Those Under Investigation?

Recently, MP Gudrat Hasanguliyev proposed in parliament that the President of Azerbaijan be granted the authority to pardon not only convicted individuals but also those under investigation.

Over the past year, more than 30 representatives of civil society and journalists in Azerbaijan have been arrested, mostly on smuggling charges. These individuals consider their arrests politically motivated. Many remain under investigation, while some are still awaiting trial. Local human rights defenders estimate that there are around 330 political prisoners in the country. However, government officials deny the existence of political prisoners, asserting that the arrests are based solely on criminal acts. Some experts believe that a legal amendment could create an opportunity for the release of journalists and activists currently under investigation.

Zahid Oruj, Chairman of the Parliamentary Committee on Human Rights, told "Turan" that MP Hasanguliyev, as a professional politician, frequently brings forward initiatives aimed at fostering reconciliation and solidarity within society. "This issue was also raised by him as a presidential candidate before the February 7 elections," Oruj noted.

The MP further explained that the discussions in parliament stemmed from the belief that certain Western circles are increasing pressure on Azerbaijan. "Their aim is to undermine the regional geopolitical restructuring efforts of Azerbaijan, which emerged victorious in the Patriotic (Second Karabakh) War. They seek to interfere in processes through Armenia and create artificial opposition forces within the country as an alternative to the government. This is why Hasanguliyev proposed addressing not only convicted individuals but also those under investigation."

Oruj highlighted two key points. "First, Azerbaijan has demonstrated its humanitarian character through approximately 70 pardon decrees and 12 amnesty acts, leading to the release of nearly 9,000 individuals through pardons alone. Second, the lists of political prisoners compiled by international organizations and local forces have never led to consensus between parties. Cases involving individuals prosecuted for smuggling or other charges under the law often become politicized, turning into a major point of confrontation between external forces and the state. In this context, some political parties and institutions suggest alternative approaches to safeguard the state's interests and prevent Azerbaijan from becoming a target of sanctions or pressure."

However, Oruj clarified that no legislative proposal has been submitted to the Parliamentary Committee on Human Rights to prepare such a law. "Considering that pardon decrees are issued annually by the country's leadership, I estimate that the next such decrees might come in March or May 2025. However, this remains at the President's discretion," he added.

Legal expert and human rights defender Asif Yusifli believes the proposal is primarily aimed at addressing the cases of arrested journalists and civil society representatives. "The President already has broad powers under the Azerbaijani Constitution. This proposal is not about expanding presidential authority but about enabling more flexible decision-making," Yusifli told RadioAzadlıq.

According to Yusifli, granting the President the authority to pardon individuals under investigation should not be considered a violation of the law. "There’s an ancient Latin maxim: ‘The welfare of the people is the highest law.’ If such authority could lead to the release of innocent people, this initiative should be viewed positively." He also noted that recent discussions about sanctions against Azerbaijan have raised concerns. "Calls for sanctions from influential organizations like the European Parliament are alarming for the government. They are seeking to take swift actions to address critical situations."

Some experts warn that granting the President such powers might lead to unwarranted interference in investigations. Additionally, questions remain about who might benefit from these changes.

On December 19, the European Parliament adopted a non-binding resolution criticizing repression against civil society and independent media in Azerbaijan. The resolution highlighted systematic pressure by Azerbaijani authorities against civil society, political opposition, human rights defenders, the LGBTI+ community, and independent media, which intensified ahead of the COP29 UN Climate Summit. It also noted the existence of at least 300 political prisoners in Azerbaijan and called for sanctions against officials responsible for human rights violations, including certain law enforcement leaders.

In response, the Azerbaijani Parliament stated that "the resolution relies on fabricated information and figures, distorts realities, and seeks to politicize investigations into criminal acts that have violated laws."