The Azerbaijani 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. The election observation mission of the Organization for Security and Cooperation in Europe (OSCE) concluded that the April 11 presidential election took place within a restrictive political environment and under a legal framework that curtailed fundamental rights and freedoms, which are prerequisites for genuine democratic elections. National Assembly elections in 2015 could not be fully assessed due to the absence of an OSCE election observation mission, but independent observers alleged numerous irregularities throughout the country.
Civilian authorities maintained effective control over the security forces.
Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group. Violence along the Line of Contact continued, although at lower levels starting in October, after the Azerbaijani and Armenian leaders met in Dushanbe.
Human rights issues included unlawful or arbitrary killing; torture; arbitrary detention; harsh and sometimes life-threatening prison conditions; political prisoners; criminalization of libel; physical attacks on journalists; arbitrary interference with privacy; interference in the freedoms of expression, assembly, and association through intimidation; incarceration on questionable charges; harsh physical abuse of selected activists, journalists, and secular and religious opposition figures; blocking of websites; restrictions on freedom of movement for a growing number of journalists and activists; refoulement; severe restrictions on political participation; systemic government corruption; police detention and torture of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals; and worst forms of child labor, which the government made minimal efforts to eliminate.
The government did not prosecute or punish most officials who committed human rights abuses; impunity remained a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were several reports the government or its agents committed arbitrary or unlawful killings.
In July and August, the government announced that security services had killed five individuals who allegedly resisted police during their arrest. The authorities claimed the individuals were involved in the July 3 attempted murder of Ganja mayor Elmar Valiyev and the subsequent July 10 killing of two police officers. Human rights defenders alleged the five individuals had not resisted arrest and that police and state security services planned the killings in advance.
On September 26, Teymur Akhundov died in the Gazakh Police station after he was summoned for questioning. Akhundov’s family alleged his death was caused by physical abuse by police.
On September 13, State Border Service private Huseyn Gurbanov died under unclear circumstances. Authorities stated he committed suicide, but family members publicly alleged members of his unit killed him during a hazing ritual.
Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. Violence along the Line of Contact continued, although at lower levels starting in October, after the Azerbaijani and Armenian leaders met in Dushanbe. Recurrent shooting and shelling caused casualties among military and civilians. Following the April 2016 outbreak in violence, the sides to the conflict submitted complaints to the ECHR accusing each other of committing atrocities during that time. The cases remained pending with the European Court of Human Rights (ECHR).
As of November 20, local human rights organizations reported at least 31 noncombat-related deaths in security forces, including suicides and soldiers killed by fellow service members.
e. Denial of Fair Public Trial
Although the constitution provides for an independent judiciary, judges did not function independently of the executive branch. The judiciary remained largely corrupt and inefficient. Many verdicts were legally insupportable and largely unrelated to the evidence presented during the trial. Outcomes frequently appeared predetermined. Courts often failed to investigate allegations of torture and inhuman treatment of detainees in police custody.
The Ministry of Justice controlled the Judicial Legal Council. The council appoints a judicial selection committee (six judges, a prosecutor, a lawyer, a council representative, a Ministry of Justice representative, and a legal scholar) that administers the judicial selection examination and oversees the long-term judicial training and selection process.
Credible reports indicated that judges and prosecutors took instruction from the presidential administration and the Ministry of Justice, particularly in cases of interest to international observers. There were credible allegations judges routinely accepted bribes.
The law requires public trials except in cases involving state, commercial, or professional secrets or confidential, personal, or family matters. The law mandates the presumption of innocence in criminal cases. It also mandates the right of defendants to be informed promptly of charges; to a fair, timely, and public trial (although trials can be closed in some situations, for example, cases related to national security); to be present at the trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to provide adequate time and facilities to prepare a defense; to free interpretation as necessary from the moment charged through all appeals; to confront witnesses and present witnesses’ evidence at trial; and not to be compelled to testify or confess guilt. Both defendants and prosecutors have the right to appeal. Authorities did not respect these provisions in many cases that were widely considered to be politically motivated.
Judges at times failed to read verdicts publicly or explain their decisions, leaving defendants without knowledge of the reasoning behind the judgment. Judges also limited the defendant’s right to speak. For example, in the third appeal ruling of Ilgar Mammadov, the judge did not explain the court’s rationale for releasing him on August 13 with two years’ probation when he had only 18 months of his sentence remaining.
Authorities sometimes limited independent observation of trials by having plainclothes police and others occupy courtroom seats and, in some cases, by refusing entry to observers. For example, the Baku Grave Crimes Court allowed only restricted access to the hearings of activist Orkhan Bakhishli. Information regarding trial times and locations was generally available, but in some political cases, hearings were canceled at the last minute and rescheduled with limited notice.
Although the constitution prescribes equal status for prosecutors and defense attorneys, judges often favored prosecutors when assessing motions, oral statements, and evidence submitted by defense counsel, without regard to the merits of their respective arguments. Judges also reserved the right to remove defense lawyers in civil cases for “good cause.” In criminal proceedings judges may remove defense lawyers because of a conflict of interest or if a defendant requests a change of counsel.
The law limits representation in criminal cases to members of the country’s progovernment Collegium (bar association). The number of defense lawyers willing and able to accept politically sensitive cases continued to shrink due to various measures taken by authorities, including by the collegium’s presidium, its managing body. Such measures–which included disciplinary proceedings resulting in censure and sometimes disbarment–intensified during 2017-18. For example, on June 11, the collegium voted to expel lawyer Irada Javadova after she voted against disbarring human rights attorney Yalchin Imanov in 2017. The collegium suspended human rights lawyers Fakhraddin Mehdiyev on January 22, Asabali Mustafayev and Nemat Karimli on April 23 for one year, and Agil Layij for six months on October 30. The collegium officially reprimanded lawyer Fuad Aghayev on July 10.
Other punitive tools employed by authorities against lawyers included correctional labor and financial penalties. For example, on November 23, the Binagadi district court fined and sentenced lawyer and human rights defender Aslan Ismayilov to one year of corrective labor for hooliganism after he allegedly slammed a door in the courtroom. Ismayilov was fined and sentenced to one and a half years corrective labor by the Sabayil district court for alleged criminal slander in a separate case July 31. Ismayilov stated the sentences were meant to punish him for his investigations of government corruption in the health sector.
Some activists estimated the number of remaining lawyers willing to take politically sensitive cases to be as low as four or five. The majority of the country’s human rights defense lawyers were based in Baku, which made it difficult for individuals living outside of Baku to receive timely and quality legal service.
Amendments to the law on legal representation came into force on February 5. The law previously permitted nonbar lawyers to represent clients in civil and administrative proceedings. Under the amended law, however, only members of the bar association are able to represent citizens in any legal process. Representatives of the legal community and NGOs criticized the amended law, asserting it had reduced citizens’ access to legal representation and further empowered the bar association to prevent human rights lawyers from representing individuals in politically motivated cases by limiting the number of human rights lawyers who are bar members in good standing.
During the year the collegium held examinations for lawyer-candidates and increased its membership from 900 to 1,500. Human rights defenders asserted new members were hesitant to work on human rights-related cases for fear they would be sanctioned by the collegium. Some activists and lawyer-candidates stated the examination process was biased and that examiners failed candidates who had previously been active in civil society on various pretexts.
The constitution prohibits the use of illegally obtained evidence. Despite some defendants’ claims that police and other authorities obtained testimony through torture or abuse, human rights monitors reported courts did not investigate allegations of abuse, and there was no independent forensic investigator to substantiate assertions of abuse.
Investigations often focused on obtaining confessions rather than gathering physical evidence against suspects. Serious crimes brought before the courts most often ended in conviction, since judges generally sought only a minimal level of proof and collaborated closely with prosecutors.
With the exception of the Baku Court of Grave Crimes, human rights advocates also reported courts often failed to provide interpreters despite the constitutional right of an accused person to interpretation. Courts are entitled to contract interpreters during hearings, with expenses covered by the state budget.
There were no verbatim transcripts of judicial proceedings. Although some of the newer courts in Baku made audio recordings of some proceedings, courts generally did not record most court testimonies, oral arguments, and judicial decisions. Instead, the court recording officer generally decided the content of notes, which tended to be sparse.
The country has a military court system with civilian judges. The Military Court retains original jurisdiction over any case related to war or military service.
POLITICAL PRISONERS AND DETAINEES
Political prisoners and detainees are entitled to the same rights as other prisoners, although restrictions on them varied. According to OC Media, political prisoners faced special prohibitions on reading and communication with their families. Authorities provided international humanitarian organizations access to political prisoners and detainees.
In addition to the presidential pardon on March 24, on April 5, the Supreme Court conditionally released journalist Aziz Orujov, who was convicted in December 2017 for illegal entrepreneurship and abuse of office. On August 13, the Sheki Court of Appeals conditionally released the chairman of the opposition Republican Alternative Party, Ilgar Mammadov. Mammadov had been incarcerated since 2013 despite rulings by the ECHR in 2014 and 2017 that his initial detention was illegal and that he had been denied a fair trial. On October 31, Ilgar Mammadov submitted a cassation appeal requesting full acquittal.
Nongovernmental estimates of political prisoners and detainees ranged from 128 to 156 at year’s end. According to human rights organizations, dozens of government critics remained incarcerated for politically motivated reasons as of November 23. The following individuals were among those widely considered political prisoners or detainees (also see sections 1.c., 1.d., 1.f., 2.a., 3, and 4).
On January 12, the Balakan District Court sentenced Azerbaijani journalist Afgan Mukhtarli to a six year prison term. Authorities reportedly abducted Mukhtarli in Georgia on May 30 and subsequently arrested him in Azerbaijan on smuggling and related charges, which were widely considered politically motivated. On April 24, the Sheki Court of Appeals upheld the verdict. On September 18, the Supreme Court rejected Mukhtarli’s appeal of the verdict.
On January 23, the Gazakh District Court sentenced deputy chairperson of the opposition Popular Front Party Gozel Bayramli to three years imprisonment on charges of attempted smuggling of currency across the border. Human rights defenders stated the case was politically motivated and that authorities punished Bayramli for her role in organizing authorized political demonstrations. On April 20, the Ganja Court of Appeals upheld the verdict.
On May 5, the Shirvan Criminal Court sentenced the leader of the local branch of the opposition Musavat Party, Alikram Khurshudov, to five years in prison on charges of hooliganism. On August 31, the Shirvan Court of Appeal reduced his sentence to four and half years. Human right defenders asserted the charges were politically motivated.
On March 1, the Supreme Court rejected the appeals of Muslim Unity Movement leader Taleh Bagirzada, his deputy, Abbas Huseynov, and 16 other persons. The court also rejected the appeal of Fuad Gahramanli, one of three deputy chairs of the secular opposition Popular Front Party, on March 1. In January 2017 the Baku Grave Crimes Court had sentenced Bagirzada and Huseynov to 20 years in prison. Sixteen other persons associated with the case received prison terms ranging from 14 years and six months to 19 years on charges including terrorism, murder, calling for the overthrow of the government, and inciting religious hatred. In a related case Gahramanli was sentenced to 10 years in prison in January 2017. Human rights defenders asserted the government falsified and fabricated the charges to halt the spread of political opposition in the country. In July 2017 the Baku Court of Appeal upheld the verdicts.
On June 25, the Supreme Court rejected the second appeal of prominent blogger and IRFS chairman Mehman Huseynov. In March 2017 a Baku court convicted him and sentenced him to two years in prison for alleged defamation. On August 24, a Baku Court rejected Mehman Huseynov’s request for early release. On October 17, Baku Court of Appeals upheld this verdict.
On March 6, The Supreme Court rejected the appeal of Fuad Ahmadli. In June 2017 the Baku Grave Crimes Court sentenced Ahmadli, a member of the Youth Committee of the Popular Front Party, to four years’ imprisonment for alleged abuse of office and purportedly illegally accessing private information at the mobile operator where he worked. The Baku Court of Appeals upheld the verdict in August 2017. Human rights defenders stated he was punished for participating in protest actions and for criticizing the government on social media.
Other individuals considered by activists to be political detainees included Popular Front Party members Vidadi Rustamli, Agil Maharramov, Ruslan Nasirli, Babek Hasanov, party supporter Saleh Rustamov, and exiled Musavat Party activist Azad Hasanov.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Citizens have the right to file lawsuits seeking damages for, or cessation of, human rights violations. All citizens have the right to appeal to the ECHR within six months of exhausting all domestic legal options, including an appeal to and ruling by the Supreme Court.
Citizens exercised the right to appeal local court rulings to the ECHR and brought claims of government violations of commitments under the European Convention on Human Rights. The government’s compliance with ECHR decisions was mixed; activists stated the government generally paid compensation but failed to release prisoners in response to ECHR decisions.
NGOs reported authorities did not respect the laws governing eminent domain and expropriation of property. Homeowners often reported receiving compensation well below market value for expropriated property and had little legal recourse. NGOs also reported many citizens did not trust the court system and were, therefore, reluctant to pursue compensation claims.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the law provides for freedom of expression, including for the press, and specifically prohibits press censorship, the government habitually violated these rights. The government limited freedom of expression and media independence. Journalists faced intimidation and at times were beaten and imprisoned. During the year authorities continued to pressure media, journalists in the country and in exile, and their relatives.
Freedom of Expression: The constitution provides for freedom of expression, but the government continued to repress persons it considered political opponents or critics. The incarceration of such persons raised concerns about authorities’ abuse of the judicial system to punish dissent. Human rights defenders considered nine journalists and bloggers and one poet to be political prisoners or detainees as of year’s end, including Afgan Mukhtarli, who was sentenced to six years in prison on January 12 by the Balakan District Court. The Sheki Court of Appeals upheld the ruling on April 24 and the Supreme Court rejected the appeal on September 18. Mukhtarli had been living in Georgia before he was reportedly abducted from Tbilisi in May 2017 (see the Country Reports on Human Rights for Georgia).
A number of other incarcerations were widely viewed as related to the exercise of freedom of expression. For example, authorities arrested opposition Popular Front Party youth activist Orkhan Bakhishli four days after he gave a speech on May 3, World Press Freedom Day, at the grave of journalist Elmar Huseynov. In his speech, Bakhishli held President Aliyev responsible for Huseynov’s killing. On September 18, he was sentenced to six years in prison. Bakhishli had been sentenced to 30 days of administrative detention in late March and released a few days before his May 3 speech.
The constitution prohibits hate speech, defined as “propaganda provoking racial, national, religious, and social discord and animosity,” as well as “hostility and other criteria.”
In addition to imprisonment, the government attempted to impede criticism through other measures. Authorities placed activists in administrative detention for their critical social media posts. For example, on May 22, opposition Popular Front Party member Rahib Salimli was sentenced to 30 days of administrative detention after he used social media to call for the release of political prisoners.
Press and Media Freedom: Government-owned and progovernment outlets continued to dominate broadcast and print media throughout the year. A limited number of independent online media outlets expressed a wide variety of views on government policies, but authorities penalized them in various ways for doing so. The 2018 IREX Media Sustainability Index stated that “mainstream news media are under the strict control of the ruling elite and only report news that suits its purposes.” No significant opposition printed publications remained in the country.
Authorities continued exerting pressure on leading media rights organizations.
Foreign media outlets, including Voice of America, Radio Free Europe/Radio Liberty (RFE/RL), and the BBC, remained prohibited from broadcasting on FM radio frequencies, although the Russian service Sputnik was allowed to broadcast news on a local radio network. On August 1, authorities shut the progovernment media holding company APA News Agency, further reducing sources of information in the country.
During the year authorities continued to pressure independent media outlets outside the country and those individuals associated with them in the country. In high-profile examples, authorities continued the criminal case against Meydan TV initiated in 2015.
Violence and Harassment: Local observers reported journalists from independent media outlets were subject to physical and cyberattacks during the year. The attacks mainly targeted journalists from Radio Liberty, Azadliq and other newspapers, Meydan TV, and Obyektiv Television.
Activists claimed that impunity for assaults against journalists remained a problem. Authorities did not effectively investigate the majority of physical attacks on journalists, and such cases often went unsolved. There were no indications that authorities held police officers accountable for physical assaults on journalists that took place in prior years. Journalists and human rights defenders continued to call for full accountability for the 2015 beating and death of journalist and IRFS chairman Rasim Aliyev, who reported receiving threatening messages three weeks earlier; the 2011 killing of journalist Rafiq Tagi, against whom Iranian cleric Grand Ayatollah Fazel Lankarani issued a fatwa; and the 2005 killing of independent editor and journalist Elmar Huseynov.
Lawsuits believed to be politically motivated were used to intimidate journalists and media outlets. For example, Kanal 13 journalist Ismail Islamoglu stated publicly that police detained him on October 26 and subjected him to physical and psychological pressure for three days for his journalistic activities. In July the Prosecutor General’s Office opened criminal cases against websites Bastainfo.comand Criminal.az and interrogated their editors in chief and journalists for their reporting on the assault on Ganja mayor Elmar Valiyev.
Most locally based media outlets relied on political parties, influential sponsors, or the State Media Fund for financing. Those not benefitting from this type of financing experienced financial difficulties, such as problems paying wages, taxes, and periodic court fines.
Censorship or Content Restrictions: Most media practiced self-censorship and avoided topics considered politically sensitive due to fear of government retaliation. The National Radio and Television Council required that local, privately owned television and radio stations not rebroadcast complete news programs of foreign origin.
Libel/Slander Laws: Libel and slander are criminal offenses and cover written and verbal statements. The law provides for large fines and up to three years’ imprisonment for persons convicted of libel or slander. In May 2017 the law was amended increasing the fine for libel from 100 to 1,000 manat ($58 to $580) to 1,000 to 1,500 manat ($580 to $875). The fine for slander was increased from 300 to 1,000 manat ($175 to $580) to 1,000 to 2,000 manat ($580 to $1,170). The law was also amended so that insulting the president could no longer be punished by fines, leaving judges with the sole options of punishment of up to two years’ corrective labor or up to three years’ imprisonment.
Libel laws were employed against journalists. For example, in March 2017 a Baku city court sentenced blogger Mehman Huseynov to two years’ imprisonment for libel for publicly stating that he was tortured by police.
The authorities continued to block independent media websites that offered views that differed from government narratives.
Some activists and journalists suspected the government was behind the hacking of several social media accounts. In high-profile examples involving activists, on January 9, the Facebook page of Jamil Hasanli, chairman of the opposition National Council of Democratic Forces (NCDF), was hacked and all posts on the page were deleted; on February 4, prominent NCDF member Gultekin Hajibeyli’s Facebook page was hacked. In an illustrative example involving the media, on January 29, the Facebook pages of independent media outlet Meydan TV were hacked.
In July and August, the Sabayil District Court granted the suits of the Ministry of Transportation, Communication, and High Technologies and blocked access to Bastainfo.com, Criminal.az, Topxeber.az, Fia.az, Monitortv.info, Xural.com, Az24saat.org, Anaxaber.az, and Arqument.az. On August 10, the Baku Court of Appeals court ruled to unblock Arqument. The websites of Voice of America, RFE/RL, and Azerbaijani media outlets including Azadliq, Turan, and Germany-based media outlet Meydan TV remained blocked by the authorities during the year.
The government also required internet service providers to be licensed and to have formal agreements with the Ministry of Transportation, Communications, and High Technologies. The law imposes criminal penalties for conviction of libel and insult on the internet.
There were strong indications the government monitored the internet communications of civil society activists. For example, activists reported being harassed by police and forced to delete critical Facebook posts under threat of physical abuse. During the year activists were questioned, detained, and frequently sentenced to administrative detention for posting criticism of government actions and commenting on human rights abuses online.
The Freedom House annual Freedom on the Net report, covering the period from June 2017 through May, showed a further reduction in internet freedom in the country. It stated that the government increasingly blocked access to news websites and noted cyberattacks against news websites and activists ahead of the April presidential election; new fines for distributing illegal content online; and the detention of journalists, bloggers, and social media users for their online publications.
According to International Telecommunication Union statistics, approximately 80 percent of the country’s population used the internet in 2017.
ACADEMIC FREEDOM AND CULTURAL EVENTS
The government on occasion restricted academic freedom. Opposition party members reported difficulty finding teaching jobs at schools and universities.
b. Freedom of Peaceful Assembly and Association
The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.
FREEDOM OF PEACEFUL ASSEMBLY
The government severely restricted freedom of peaceful assembly. Authorities at times responded to peaceful protests and assemblies by using force and detaining protesters. The law permits administrative detention for up to three months for misdemeanors and up to one month for resisting police. Punishment for those who failed to follow a court order (including failure to pay a fine) may include fines of 500 to 1,000 manat ($290 to $580) and punishment of up to one month of administrative detention.
While the constitution stipulates that groups may peacefully assemble after notifying the relevant government body in advance, the government continued to interpret this provision as a requirement for prior permission. Local authorities required all rallies to be preapproved and held at designated locations. Most political parties and NGOs criticized the requirements as unacceptable and characterized them unconstitutional. Authorities throughout the country routinely ignored applications for public rallies, effectively denying the freedom to assemble.
Activists stated that police routinely arrested individuals who peacefully sought to exercise their fundamental freedoms on false charges of resisting police that consistently resulted in periods of administrative detention up to 30 days. A total of 18 individuals were detained and sentenced to 15 to 30 days of administrative detention for their participation in government authorized opposition rallies on March 10, March 31, and April 14. Activists also stated that, as of April 15, more than 100 Popular Front party members were summoned or harassed by police and warned about participating in opposition demonstrations. In another high-profile example, Azer Gasimli and four other activists of the opposition Republican Alternative Party were arrested, charged with resisting police, and sentenced to administrative detention for their role in organizing an unauthorized march in the center of Baku on May 28 to celebrate the centennial anniversary of the founding of the Azerbaijan Democratic Republic. Police summoned dozens of other participants and warned them not to take part in similar future events.
The government also prevented opposition groups from gathering to visit culturally important sites, a practice authorities previously permitted. For example, on November 17, police detained approximately 50 opposition activists, including PFP Chairman Ali Kerimli and NCDF Chairman Jamil Hasanli, for attempting to hold a procession through Martyr’s Alley to commemorate National Revival Day. Most activists were released the same day, but Kerimli and approximately eight others were held incommunicado until November 19, when Kerimli and five others were released with fines and three PFP activists were sentenced to 20 days of administrative detention.
FREEDOM OF ASSOCIATION
The constitution provides for freedom of association, but the law places some restrictions on this right, and amendments enacted during 2014 severely constrained NGO activities. Citing these amended laws, authorities conducted numerous criminal investigations into the activities of independent organizations, froze bank accounts, and harassed local staff, including incarcerating and placing travel bans on some NGO leaders. Consequently, a number of NGOs were unable to operate.
A number of legal provisions allow the government to regulate the activities of political parties, religious groups, businesses, and NGOs, including requiring NGOs to register with the Ministry of Justice if they seek “legal personality” status. Although the law requires the government to act on NGO registration applications within 30 days of receipt (or within an additional 30 days, if further investigation is required), vague, onerous, and nontransparent registration procedures continued to result in long delays that limited citizens’ right to associate. Other laws restrict freedom of association, for example, by requiring deputy heads of NGO branches to be citizens if the branch head is a foreigner.
Laws affecting grants and donations imposed a de facto prohibition on NGOs receiving cash donations and made it nearly impossible for them to receive anonymous donations or to solicit contributions from the public.
In 2014 the president approved a number of amendments to the administrative code and the laws on NGOs, grants, and registration of legal entities that imposed additional restrictions on NGO activities and closed several loopholes for the operations of unregistered, independent, and foreign organizations. The legislation also introduced some restrictions on donors. For example, foreign donors were required to obtain preapproval before signing grant agreements with recipients. The laws make unregistered and foreign NGOs vulnerable to involuntary dissolution, intimidated and dissuaded potential activists and donors from joining and supporting civil society organizations, and restricted their ability to provide grants to unregistered local groups or individual heads of such organizations.
In January 2017 the Cabinet of Ministers issued new regulations for establishing a “single window” mechanism to streamline the grant registration process. According to the new procedures, obtaining grant registration processes for multiple agencies were merged. The new procedures were not fully implemented, however, further reducing the number of operating NGOs.
In 2016 the Ministry of Justice adopted rules on monitoring NGO activities. The rules authorize the ministry to conduct inspections of NGOs, with few provisions protecting their rights, and provide the potential of harsh fines if they do not cooperate.
The far-reaching investigation opened by the Prosecutor General’s Office in 2014 into the activities of numerous domestic and international NGOs and local leadership remained open during the year. As a result a number of NGOs were unable to operate, the bank accounts of several NGOs remained frozen, and some NGO leaders were still prohibited from leaving the country.
The government continued to implement rules pursuant to a law that requires foreign NGOs wishing to operate in the country to sign an agreement and register with the Ministry of Justice. Foreign NGOs wishing to register a branch in the country are required to demonstrate they support “the Azerbaijani people’s national and cultural values” and commit not to be involved in religious and political propaganda. The decree does not specify any time limit for the registration procedure and effectively allows for unlimited discretion of the government to decide whether to register a foreign NGO. As of year’s end, no foreign NGOs had been able to register under these rules.
NGO representatives stated the Ministry of Justice did not act on submitted applications, particularly those from individuals or organizations working on issues related to democratic development. Some experts estimated up to 1,000 NGOs remained unregistered.
Section 3. Freedom to Participate in the Political Process
Although the constitution provides citizens the ability to choose their government through free and fair elections held by secret ballot and based on universal and equal suffrage, the government continued to restrict this ability by interfering in the electoral process. While the law provides for an independent legislative branch, the National Assembly exercised little initiative independent of the executive branch.
Elections and Political Participation
Recent Elections: On February 5, the president issued a decree advancing the presidential election from October to April 11. Opposition parties boycotted the election, blaming a noncompetitive environment and insufficient time to prepare. According to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) mission that observed the election, the presidential election took place in a restrictive political environment and under a legal framework that curtailed fundamental rights and freedoms that are prerequisites for genuine democratic elections. ODIHR concluded that, in the absence of pluralism, including in the media, the election lacked genuine competition. International and local observers reported widespread disregard for mandatory procedures, lack of transparency, and numerous serious irregularities, such as ballot box stuffing and carousel voting, on election day.
The OSCE/ODIHR cancelled its observation of the 2015 National Assembly elections when the government refused to accept its recommended number of election observers. Without ODIHR participation, it was impossible to assess properly the fairness of the elections. Independent local and international monitors who observed the election alleged a wide range of irregularities throughout the country, including blocking observers from entering polling stations, ballot stuffing, carousel voting, and voting by unregistered individuals; opposition monitors also alleged such irregularities. The country’s main opposition parties boycotted the election.
Following a 2016 referendum, constitutional amendments extended the presidential term from five to seven years and permitted the president to call early elections if twice in one year legislators passed no-confidence measures in the government or rejected presidential nominees to key government posts. The amendments also authorized the president to appoint one or more vice presidents, designating the senior vice president as first in the line of presidential succession. In February 2017 the president appointed his wife, Mehriban Aliyeva, as first vice president. While observers from the Council of Europe’s Parliamentary Assembly reported the referendum was well executed, independent election observers identified numerous instances of ballot stuffing, carousel voting, and other irregularities, many of which were captured on video. They also observed significantly lower turnout than was officially reported by the Central Election Commission.
Political Parties and Political Participation: While there were 55 registered political parties, the ruling Yeni Azerbaijan Party dominated the political system. Domestic observers reported membership in the ruling party conferred advantages, such as preference for public positions. The National Assembly has not included representatives of the country’s main opposition parties since 2010.
During the year authorities continued to take various measures to prevent the Republican Alternative Movement from incorporating itself as a political party. For example, in October and November 2017, the Baku City Executive Authority denied the group’s repeated requests for space to hold a party congress and reportedly ordered private venues to refuse to rent space to the group. On April 7 and 8, the group held an online party congress and subsequently announced its transformation into a political party, acknowledging the online congress would not meet government requirements for registration.
The Popular Front Party was initially denied a venue for its party congress by the Baku City Executive Authority. After losing a court challenge, the city provided a venue on April 1.
Opposition members were more likely than other citizens to experience official harassment and arbitrary arrest and detention. Members of opposition political parties continued to be arrested and sentenced to administrative detention after making social media posts critical of the government or participating in peaceful rallies (see section 2.b., Freedom of Peaceful Assembly). Human rights defenders estimated at least 60 individuals associated with opposition political parties were detained and sentenced to administrative detention under these circumstances during the year.
According to domestic NGOs, at least 15 opposition party members were considered to be political detainees or prisoners, including the head of the Shirvan branch of the Musavat Party, Alikram Kurshudov, and all three deputy chairs of the Popular Front Party, Gozel Bayramli, Fuad Gahramanli, and Seymur Hezi.
Opposition parties continued to have difficulty renting office space, reportedly because property owners feared official retaliation. Regional opposition party members often had to conceal the purpose of their gatherings and held them in teahouses and other remote locations. Opposition parties also faced formal and informal financing obstacles. For example, authorities continued to limit their financial resources by punishing those who provided material support, firing members of opposition parties, and by employing economic pressure on their family members.
Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate. The first lady also held the appointed position of first vice president. The head of the State Committee for Family, Women, and Children Affairs, a cabinet-level position, was female, and 16.8 percent of members of the National Assembly were women.