Arrests of journalists, suppression of the media, and the situation of human rights were not visible
“There is an ombudsman, his apparatus exists, but there are no human rights in the country, it has been abolished”
Azerbaijan’s Commissioner for Human Rights (Ombudsman) Sabina Aliyeva submitted an annual report on the protection of human rights in the country in 2023 to the Milli Majlis.
According to him, 29,411 appeals were made to the Ombudsman during the year.
The ombudsman said that the complaints were mainly related to issues such as providing an identity card, registering at the place of residence, deactivating the individual identification number of the identity card, and removing restrictions on leaving the country.
Problems in prisons
Regarding torture, cruel, inhuman or degrading treatment or punishments, Sabina Aliyeva said that during the year there were 347 visits to institutions that people could not leave of their own free will.
“During the visits, it was determined that more people than the limit are detained in the Baku Detention Center No. 1, designed for 2,500 people. In addition, it was determined that 800 people are detained in the 700-person Investigation Detention Center No. 2, 1,400 people are detained in the 1,050-person Investigation Detention Center No. 3, and 1,411 prisoners are serving sentences in the No. 2 Penitentiary, which has a detention limit of 1,200 people..
Obstacle to meeting with a lawyer
The ombudsman expressed his concern that in some cases the arrested persons were not allowed to meet with their lawyers. He said that despite the relevant warrants being presented to the police authorities by the lawyers of the detained and arrested persons, appeals regarding the obstruction of their meetings were received from Khatai, Nasimi, Nizami, Binagadi District Police Departments of Baku City, as well as from the Absheron District Police Department, and at the same time, the Internal Affairs of the Republic of Azerbaijan From the Ministry’s Chief Organized Crime Department:
“In some cases, the errors and deficiencies in the documentation in the police authorities lead to difficulties in determining whether the registration work is not properly organized, whether the procedural terms related to the detention of persons are observed, and in many cases serve to avoid detection of such violations”.
Another defect is related to the placement of persons in temporary detention facilities (MSY) in cells without taking into account their previous convictions and health.
“Thus, during the visit to the Nizami RPI, it was observed that persons arrested for the first time were kept in the same cell as persons with previous convictions, contrary to internal disciplinary rules. “Members of the National Preventive Group also met in the temporary storage areas of Khatai RPI, Sabail RPI, Shamkir RPI and Aghstafa RPI.”
Since the end of last year, up to 10 journalists have been arrested in Azerbaijan. Until a few days ago, their ability to talk and meet with their families was limited. Also, the relatives of these persons have been banned from leaving the country, and their bank accounts have been frozen. Lawyers were prevented from meeting with their clients. In the statements related to all this, it was stated that the Ombudsman was repeatedly appealed to.
However, in the annual report of the Ombudsman, there was not even a single sentence about the remaining cases, except for creating problems with the meeting with the lawyers.
In short, the report did not include anything related to the violation of political rights of citizens, including assembly, association, media, election rights, arrest of journalists, closure of media, problems of political prisoners.
Why did the Ombudsman ignore them, and what is his real function? How should the ombudsman act in light of the events?
Lawyer Yalchin Imanov says that the Ombudsman’s functions are described in detail in the Law “On Human Rights Commissioner (Ombudsman)”. Briefly summarized, this includes the restoration of violated human rights and freedoms in the country and the prevention of human rights violations:
“That is, if the first direction is to eliminate the bad consequences of violated human rights, the second direction is preventive in nature, in other words, it is to prevent possible human rights violations. But this is the legal side of the matter. It should be taken into account that in the country there is an obvious inconsistency, chasm and irrelevance between the law and reality. Figuratively speaking, the Office of the Ombudsman in Azerbaijan is an epitaph, an elegy for the field of human rights, I don’t know, you can continue to call it with other suitable metaphors if you want..
“There is an ombudsman, his apparatus exists, but there are no human rights in the country”
The lawyer says that the political power of Azerbaijan, as in everything else, has skillfully created an image and illusion here. That is, there is an ombudsman, his apparatus exists, but there are no human rights in the country, they have been abolished:
“Or human injustices come to the throat. In other words, human rights, which are relentlessly persecuted everywhere by the human rights commissioner or his apparatus, continue to exist independently of each other, as if they were two parallel worlds.
What is missing from the report?
Yalchin Imanov did not read Sabina Aliyeva’s report. He says that he has neither the time nor the desire to read that pile of documents and papers:
“I regret the time spent on this pile. Therefore, I do not know what was written in that report. But even though I am not familiar with that document, I know exactly what is not written there. This is not only an example of the unwritten, repeated and intensified couch of political rights every year, an example of a prominent economist professor or noble but brave journalists who exposed the unparalleled elite corruption in the country, the main “sin” of the country, but also other oppressed people who have nothing to do with political rights. the practical despicable state of rights cannot take place”.
“What guide to the visible hill?”
The lawyer says that exactly these, precisely those listed, contradict the essence and content of the decoration called the Office of the Ombudsman, or the commissioner:
“What else can be interesting in the report of a person who says, “There are no political prisoners in Azerbaijan, in general, this concept is contradictory for Azerbaijan”, without feeling any embarrassment or complex feeling?” Of course nothing. I don’t have any good expectations from this unfulfilled institute, so I don’t feel the need to examine their reports and documentation with a magnifying glass. As they say, what is the guide to the visible hill?”
What should actually be included in the Ombudsman’s report?
Yalchin Imanov says that the questions of how the Ombudsman should behave and what issues should be included in his annual report are theoretical. These questions have nothing to do with the current Office of the Ombudsman or the ombudsman:
“If the Azerbaijanis, the people of Azerbaijan, can ever dare and restore their legitimacy in political relations, then these questions will lose their relevance, and the annual screeds written by a man saying, “There are no political prisoners in Azerbaijan”, will be remembered as just a historical insult.”.
What hinders the activity of the ombudsman?
Rufat Safarov, executive director of the “Defence Line” human rights organization, told “Voice of America” that the nature of the political system in the country does not allow the independent activity of the ombudsman.
“Especially in the last year, repressive measures, administrative criminal prosecutions with political weight, as well as ill-treatment and torture have reached their apogee in the republic. Unfortunately, from time to time, we have not seen adequate reactions from the Office of the Ombudsman regarding the mentioned features. Such issues are not particularly important in the text of the report.”.
Safarov believes that there is a strict authoritarian rule in Azerbaijan. Under such circumstances, the Office of the Ombudsman, as well as Mrs. Sabina Aliyeva, cannot act freely:
“Look, journalists are imprisoned in the country. “AbzasMedia” is completely isolated from society. The head of the Baku bureau of “Kanal13″ is in prison. Bloggers, human rights defenders, party chairmen, environmental prisoners, are all these reported in the report? Of course not. Persecutions against religious people and people of faith happen every hour in Baku, in the peripheries, that is, throughout the country. Are there any expressions of concern in the ombudsman’s report? Of course not”he said.
Increasing arrests, persecutions
Since the end of last year, about 10 journalists have been arrested or detained in Azerbaijan. Most of those arrested are employees of “AbzasMedia” website. Several employees of the “Kanal 13” website are also in prison on various charges.
Arrests in the “AbzasMedia” case began on November 20, 2023. First, the site’s director Ulvi Hasanli, deputy director, social activist Mahammad Kekalov, and editor-in-chief Sevinj Vagifgizi were arrested.
After that, investigative journalist Hafiz Babaly, reporters Nargiz Absalamova and Elnara Gasimova were arrested.
Each of them is charged with Article 206.3.2 (smuggling by a group of persons) of the Criminal Code. With this article, they are sentenced to imprisonment from 5 to 8 years.
On March 6, the police raided Toplum TV’s office and searched the office as well as the homes of several employees of the site. It was reported that 30,000 euros were found in the office, and 2,700 and 3,100 euros were found in the employees’ homes.
Akif Gurbanova, Farid Ismayilova, Mushfiq Jabbara, Ali Zeynala, Ramil Babayeva, Elmir Abbasova and Ilkin Amrahova were charged with 206.3.2 (smuggling).
Each of those arrested stated that it was purely related to their professional activities.
History of the Ombudsman
The Office of the Ombudsman has been operating in Azerbaijan since 2002. The institution was headed by Elmira Suleymanova for exactly 17 years. Since 2019, he has been replaced by Sabina Aliyeva.
Sabina Aliyeva is the wife of Siyavush Novruzov, the chairman of the working committee on regional issues of the Milli Majlis, one of the representatives of the ruling New Azerbaijan Party (YAP).