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Azerbaijan

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and criminal code prohibit such practices and provide for penalties for conviction of up to 10 years’ imprisonment, credible allegations of torture and other abuses continued. Most mistreatment took place while detainees were in police custody, where authorities reportedly used abusive methods to coerce confessions. Authorities reportedly denied detainees timely access to family, independent lawyers, or independent medical care. There were credible reports that Azerbaijani forces abused soldiers and civilians held in custody in connection with the conflict in late 2020 (see section 1.g. and the Country Reports on Human Rights Practices for Armenia).

During the year the government took no action in response to the Council of Europe’s Committee for the Prevention of Torture (CPT) reports on six visits the CPT conducted to the country between 2004 and 2017. In the reports, the CPT stated that torture and other forms of physical mistreatment by police and other law enforcement agencies, corruption in the entire law enforcement system, and impunity remained systemic and endemic. The CPT visited the country in December 2020 and discussed its findings from that visit at the CPT plenary meeting on June 28 to July 2. At year’s end the CPT’s report from the December 2020 visit had not yet been published.

There were several credible reports of torture during the year. For example, the lawyer of Agil Humbatov, a member of the opposition Azerbaijan Popular Front Party widely considered a political prisoner (see section 1.e.), stated that Humbatov’s initial testimony was coerced under torture after his arrest on August 11. In addition, Humbatov informed his lawyer that he had been threatened with rape at the Khazar district police department.

Reports continued of torture at the Ministry of Internal Affairs’ Main Department for Combating Organized Crime. Persons reportedly tortured included a civil society activist (see section 4), Muslim Unity Movement member Razi Humbatov, and opposition activist Tofig Yagublu. Pictures of Yagublu were widely available on the internet with his eyes swollen shut, apparently from beatings while he was in police detention in December following a small unsanctioned rally in Baku (see section 2.b., Freedom of Peaceful Assembly, and section 3).

On November 1, Khanlar Veliyev, the deputy military prosecutor general, acknowledged that more than 100 persons connected with the 2017 Terter case had been subjected to different forms of physical abuse, including torture, that resulted in the deaths of eight suspects, four of whom were posthumously acquitted. The government prosecuted 17 officials for abuse: nine were sentenced to three and one-half years in prison, six were sentenced to six months, and one received a 10-year prison sentence. Investigators who falsified evidence also were sentenced to prison. In the Terter case, authorities detained a group of approximately 100 servicemen and civilians in 2017, allegedly for spying for Armenia. As of year’s end, 27 remained in prison and were considered political prisoners, some serving sentences of up to 20 years.

On July 21, the European Court of Human Rights (ECHR) issued a decision that found that from 2009 to 2011, authorities tortured and unlawfully deprived Armenian Artur Badalyan of his liberty. The court ordered the state to pay Badalyan 30,000 euros ($34,500) in damages.

There were numerous credible reports of cruel, inhuman, or degrading treatment in custody. For example, human rights defenders reported that on August 12, imprisoned Muslim Unity Movement deputy Abbas Huseynov was beaten by several prison guards in Prison No. 8.

Authorities reportedly maintained an implicit ban on independent forensic examinations of detainees who claimed abuse. Authorities reportedly also delayed detainees’ access to an attorney. Opposition figures and other activists stated that these practices made it easier for officers to mistreat detainees with impunity. In one example, on April 5, opposition Musavat party member Nizamali Suleymanov and his nephew, Akif Suleymanov, were sentenced to 20 days of administrative arrest for allegedly using drugs. After serving their sentences, they were forced to undergo medical treatment at a drug treatment center for six months. They were released on October 27.

Prison and Detention Center Conditions

According to prison monitoring conducted by a reputable organization prior to the onset of COVID-19, prison conditions were sometimes harsh and potentially life threatening due to overcrowding; inadequate nutrition; deficient heating, ventilation, and sanitation; and poor medical care. Detainees also complained of inhuman conditions in the crowded basement detention facilities of local courts where they were held while awaiting their hearings.

Physical Conditions: Authorities held men and women together in pretrial detention facilities in separate blocks and held women in separate prison facilities after sentencing. Local nongovernmental (NGO) observers reported female prisoners typically lived in better conditions, were monitored more frequently, and had greater access to training and other activities. The same NGOs noted, however, that women’s prisons suffered from many of the same problems as prisons for men. While the government continued to construct new prison facilities, some Soviet-era facilities were still in operation and failed to meet international standards. Gobustan Prison, Prison No. 3, Prison No. 14, and the penitentiary tuberculosis treatment center reportedly had the worst conditions.

Human rights advocates reported guards sometimes punished prisoners with beatings or by placing them in solitary confinement. Local and international monitors reported markedly poorer conditions at the maximum-security Gobustan Prison.

Prisoners claimed they endured lengthy confinement periods without any opportunity for physical exercise. They also reported instances of cramped, overcrowded conditions; inadequate ventilation; poor sanitary facilities; inedible food; and insufficient access to medical care. One prison monitor noted food delivery and visits resumed after a pause due to the pandemic; the monitor reported overall progress had been made with regards to treatment of inmates and their complaints.

Administration: While most prisoners reported they could submit complaints to judicial authorities and the Ombudsperson’s Office without censorship, prison authorities regularly read prisoners’ correspondence, monitored meetings between lawyers and clients, and restricted some lawyers from taking documents into and out of detention facilities. The Ombudsperson’s Office reported that it conducted systematic visits and investigations into complaints, but activists claimed the office regularly dismissed prisoner complaints in politically sensitive cases.

Independent Monitoring: The government permitted some prison visits by international and local organizations, including the ICRC and the CPT.

Authorities generally permitted the ICRC access to detainees held in connection with the Nagorno-Karabakh conflict. The ICRC conducted regular visits throughout the year to promote protection of prisoners, including respect for international humanitarian law, and regularly facilitated the exchange of messages between prisoners and their families to help them re-establish and maintain contact.

A human rights community prison-monitoring group, known as the Public Committee, was allowed access to prisons without prior notification to the Penitentiary Service.

Improvements: The Ministry of Justice reported that authorities permitted the use of GPS-enabled electronic monitoring bracelets for more than 2,500 citizens during the year, allowing them to avoid incarceration.

Section 6. Discrimination and Societal Abuses

Children

Birth Registration: Children derive citizenship by birth within the country or from their parents. Registration at birth was routine for births in hospitals or clinics. Some children born at home were not registered.

Education: While education is compulsory, free, and universal until age 17, large families in impoverished rural areas sometimes placed a higher priority on the education of boys and kept girls at home to work. Social workers stated that some poor families forced their children to work or beg rather than attend school.

Child Abuse: There is criminal liability for sexual violence against children. The law also stipulates punishment for child labor and other abuses of children. The SCFWCA organized multiple events prior to the onset of the COVID-19 pandemic to address the problem of child abuse.

Child, Early, and Forced Marriage: According to UNICEF’s 2021 State of the Worlds Children report, 11 percent of girls in the country were married before they were 18. The problem of early marriage continued during the year. The law provides that a girl may marry at the age of 18 or at 17 with local authorities’ permission. The law further states that a boy may marry at 18. The Caucasus Muslim Board defines 18 as the minimum age for marriage as dictated by Islam.

Throughout the year the SCFWCA organized various events for the prevention of early marriages.

The law establishes substantial fines or imprisonment for up to four years for conviction of the crime of forced marriage with an underage child. Girls who married under the terms of religious marriage contracts were of particular concern, since these contracts were not subject to government oversight and did not entitle the wife to recognition of her status in case of divorce.

Sexual Exploitation of Children: Conviction of recruitment of minors for commercial sexual exploitation (involving a minor in immoral acts) is punishable by up to eight years in prison. The law prohibits pornography, its production, its distribution, or its advertisement, and conviction is punishable by three years’ imprisonment. The minimum age for consensual sex is 16. Conviction of statutory rape is punishable by up to three years’ imprisonment. Some civil society representatives reported that boys and girls at times were exploited for commercial sex.

Displaced Children: Significant government investment in IDP communities largely alleviated the problem of numerous internally displaced children living in substandard conditions and unable to attend school.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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