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Azerbaijan

Executive Summary

The constitution provides for a republic with a presidential form of government. Legislative authority is vested in the Milli Mejlis (National Assembly). The presidency is the predominant branch of government, exceeding the judiciary and legislature. On February 9, the government conducted National Assembly elections. The election observation mission of the Organization for Security and Cooperation in Europe concluded that the National Assembly elections and the 2018 presidential election took place within a restrictive legislative framework and political environment, which prevented genuine competition in these elections.

The Ministry of Internal Affairs and the State Security Service are responsible for security within the country and report directly to the president. The Ministry of Internal Affairs oversees local police forces and maintains internal civil defense troops. The State Security Service is responsible for domestic matters, and the Foreign Intelligence Service focuses on foreign intelligence and counterintelligence matters. The State Migration Service and the State Border Service are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces. Members of security forces committed some abuses.

During 44 days of intensive fighting from September 27 to November 10 involving Azerbaijan, Armenia, and Armenia-supported separatists, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan, as well as the introduction of Russian peacekeepers to the region. Since 1995 the final status of Nagorno-Karabakh has been the subject of international mediation by the cochairs of the Organization for Security and Cooperation in Europe’s Minsk Group (the United States, France, and Russia). There was also an outbreak of violence with casualties along the international border between Azerbaijan and Armenia near Tovuz from July 12 to July 16. During the period of martial law from September 28 to December 12, which the government declared following the outbreak of hostilities on September 27, authorities restricted freedom of movement and access to information.

Significant human rights issues included: unlawful or arbitrary killing; torture; arbitrary detention; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary interference with privacy; politically motivated reprisal against individuals outside the country; pervasive problems with the independence of the judiciary; heavy restrictions on free expression, the press, and the internet, including violence against journalists, the criminalization of libel and slander, harassment and incarceration of journalists on questionable charges, and blocking of websites; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on freedom of movement; severe restrictions on political participation; systemic government corruption; police brutality against individuals based on sexual orientation; and existence of the worst forms of child labor. Significant human rights issues connected with the Nagorno-Karabakh armed conflict included unlawful killings, civilian casualties, and inhuman treatment.

The government did not prosecute or punish the majority of officials who committed human rights abuses; impunity remained a problem.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

A local NGO reported incidents of police brutality against individuals based on sexual orientation and noted that authorities did not investigate or punish those responsible. There were also reports that men who acknowledged or were suspected of being lesbian, gay, bisexual, transgender, or intersex (LGBTI) during medical examinations for conscription were sometimes subjected to rectal examinations and often found unqualified for military service on the grounds that they were mentally ill. There were also reports of family-based violence against LGBTI individuals, including being kidnapped by family members and held against their will. Hate speech against LGBTI persons and hostile Facebook postings on personal online accounts also continued.

Antidiscrimination laws exist but do not specifically cover LGBTI individuals.

Activists reported that LGBTI individuals were regularly fired by employers if their sexual orientation or gender identity became known.

LGBTI individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to requests that they investigate crimes committed against LGBTI individuals.

Local NGOs reported that COVID-19-pandemic-related quarantine measures compounded the impact of the discrimination already faced by members of the LGBTI community. Since these individuals regularly faced discrimination in accessing employment, they were primarily employed informally and received payment on a day-to-day basis.

During the year the ECHR continued a formal inquiry begun in February 2019 into police raids on the LGBTI community in 2017. The raids entailed arrests and detentions of more than 83 men presumed to be gay or bisexual as well as transgender women. Media outlets and human rights lawyers reported that police beat detainees and subjected them to electric shocks to obtain bribes and information regarding other gay men. Detainees were released after being sentenced to up to 30 days of administrative detention, fined up to 200 manat ($118), or both. In 2018 some victims of the raids filed cases against the state in the ECHR.

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