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Azerbaijan

Executive Summary

The Azerbaijani constitution provides for a republic with a presidential form of government. Legislative authority is vested in the Milli Mejlis. The president dominated the executive, legislative, and judicial branches of government. On September 26, constitutional amendments were approved that, inter alia, increased the president’s term in office from five to seven years and expanded the powers of the president. Other amendments included a provision permitting the further restriction of freedom of assembly. The constitutional referendum was marked by widespread credible complaints of irregularities. Legislative elections in November 2015 could not be fully assessed due to the absence of an Organization for Security and Cooperation in Europe (OSCE) election observation mission; independent observers alleged irregularities throughout the country. The 2013 presidential election did not meet a number of key OSCE standards for democratic elections.

Civilian authorities maintained effective control over the security forces.

Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven other 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. There was an increase in violence along the Line of Contact and the Armenia-Azerbaijan border April 1-5. The heavy clashes led to the highest death toll since the signing of the 1994 cease-fire agreement. There were allegations of atrocities committed by the sides of the Nagorno-Karabakh conflict during an April 1-5 outbreak of violence. The sides in the conflict also submitted to the European Court of Human Rights complaints accusing each other of committing atrocities during this period.

The most significant human rights problems during the year included:

Increased government restrictions on fundamental freedoms: Authorities limited the freedoms of expression, assembly, and association through intimidation, incarceration on questionable charges, and harsh abuse of selected activists and secular and religious opposition figures. The operating space for activists and nongovernmental organizations (NGOs) remained severely constrained. There was a continuing crackdown on civil society, including intimidation, arrest, and conviction on charges widely considered politically motivated; criminal investigations into NGO activities; restrictive laws; and the freezing of bank accounts that rendered many groups unable to function. Authorities also restricted freedom of expression by closing a semi-independent television station that had been the country’s sole independent broadcaster until late 2006, when its independence began to decline, and by taking actions that resulted in the end of the print edition of a leading opposition newspaper.

Government use of the judicial system to punish dissent: Authorities arbitrarily arrested and detained activists, engaged in politically motivated imprisonment, conducted trials that lacked due process, and subjected activists to lengthy pretrial detention with impunity. Authorities used different pretexts to decrease the number of defense lawyers willing and able to defend the rights of peaceful activists. While authorities released 17 individuals widely considered to be incarcerated for exercising their fundamental freedoms, they held an even larger number of others.

Government restrictions continued on the ability of citizens to choose their government in free and fair elections.

Other problems reported included physical abuse in the military; alleged torture and abuse of detainees, at times leading to death; police violence against peaceful citizens; abuse of inmates in prisons; harsh and sometimes life-threatening prison conditions; detentions without warrants; and incommunicado detention. Authorities often failed to provide due process, including with regard to property rights. There were reports of arbitrary government invasions of privacy, incarceration of religious figures, and restrictions on the religious freedom of some unregistered groups. Authorities restricted freedom of movement for a growing number of journalists and activists. Constraints on political participation persisted. While the government took continued measures towards reducing low-level corruption in government services, allegations of systemic corruption at all levels of government continued. Violence against women, gender-biased sex selection, and trafficking in persons were reported. Societal intolerance, violence, and discrimination based on sexual orientation and gender identity remained problems, as did societal stigma against persons with HIV/AIDS. Authorities did not effectively enforce laws prohibiting discrimination in employment or occupation.

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

Russia

Executive Summary

The Russian Federation has a highly centralized, authoritarian political system dominated by President Vladimir Putin. The bicameral Federal Assembly consists of a directly elected lower house (State Duma) and an appointed upper house (Federation Council), both of which lacked independence from the executive. State Duma elections during 2016 and the presidential election in 2012 were marked by accusations of government interference and manipulation of the electoral process.

Security forces generally reported to civilian authorities, except in some areas of the North Caucasus.

The continuing occupation and purported “annexation” of Ukraine’s Crimean Peninsula continued to affect the human rights situation significantly and negatively. The government continued to train, equip, and supply pro-Russian forces in eastern Ukraine, who were joined by numerous fighters from Russia. Credible observers attributed thousands of civilian deaths and injuries, as well as widespread abuses, to Russian-backed separatists in Ukraine’s Donbas region, and to Russian occupation authorities in Crimea (see the Country Reports on Human Rights for Ukraine). Authorities also conducted politically motivated arrests, detentions, and trials of Ukrainian citizens in Russia, many of whom claimed to have been tortured. Human rights groups asserted that numerous Ukrainian citizens remained in Russia as political prisoners.

The most significant human rights problems were:

Restrictions on Political Participation and Freedom of Expression, Assembly, and Media: Authorities restricted citizens’ ability to choose their government through free and fair elections and increasingly instituted a range of measures to suppress dissent. The government passed repressive laws and selectively employed existing ones to harass, discredit, prosecute, imprison, detain, fine, and suppress individuals and organizations critical of the government. Amendments to antiterrorism laws, known as the “Yarovaya package,” granted authorities sweeping powers. Authorities especially targeted individuals and organizations that professed support for the government of Ukraine or opposed the Russian government’s activities in Ukraine.

Suppression of Civil Society: Authorities further stymied the work of nongovernmental organizations (NGOs) through the “foreign agents” and “undesirable foreign organization” laws. Authorities also significantly expanded the definition of political activities to bring more NGOs under the “foreign agents” category. Authorities began fining NGOs for not disclosing “foreign agent” status, while courts closed NGOs for violations involving the foreign agents’ list. Under the expanded definition of political activities, authorities added environmental and HIV-prevention organizations to the list.

Government Discrimination against Minorities: Authorities continued to discriminate against members of some religious and ethnic minorities; lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and migrant workers. The Yarovaya package restricted “missionary activity,” including preaching, proselytizing, disseminating religious materials, or engaging in interfaith discussion; authorities used it to harass religious minorities. Authorities utilized a law prohibiting “propaganda” of nontraditional sexual relations to minors to harass the LGBTI community.

Other problems included allegations of torture and excessive force by law enforcement officers that sometimes led to deaths; prison overcrowding, and substandard and life-threatening prison conditions; executive branch pressure on the judiciary; lack of due process in politically motivated cases; electoral irregularities; extensive official corruption; violence against women; limits on women’s rights; trafficking in persons; discrimination against persons with disabilities; social stigma against persons with HIV/AIDS; and limitations on workers’ rights.

The government failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity.

Conflict in the North Caucasus between government forces, insurgents, Islamist militants, and criminals led to numerous abuses, including killings, torture, physical abuse, politically motivated abductions, and a general degradation in the rule of law. Ramzan Kadyrov’s government in Chechnya generally did not investigate or prosecute abuses, and security forces committed abuses with impunity.

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The Lessons of 1989: Freedom and Our Future