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 2018 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.
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 issues. 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.
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 remained low throughout the year.
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; 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, 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; refoulement of refugees to a country where they would face a threat to their life or freedom; severe restrictions on political participation; systemic government corruption; police detention and torture of lesbian, gay, bisexual, transgender, and intersex individuals; and the 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 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the 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 six journalists and bloggers to be political prisoners or detainees as of year’s end, including Afgan Mukhtarli (see section 1.e. and 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, on June 12, the State Security Service arrested the editor in chief of the Xeberman.com and Press-az.com websites, Polad Aslanov, on charges of treason. Human rights defenders asserted the case was a reprisal for Aslanov’s public assertion that the State Security Service demanded bribes from Azerbaijani pilgrims seeking to travel to Iran. Aslanov remained in the pretrial detention facility of the State Security Service at year’s end.
Other such examples included opposition Popular Front Party youth activist Orkhan Bakhishli. Bakhishli was arrested in May 2018 four days after giving a speech holding President Aliyev responsible for journalist Elmar Huseynov’s 2005 killing. He was sentenced to six years in prison in September 2018 for alleged blackmail and extortion. On June 3, the Supreme Court reduced his sentence to three years.
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, including placing activists in administrative detention for social media posts critical of the government. For example, on June 25, opposition Popular Front Party member Eldaniz Agayev was sentenced to 30 days of administrative detention after criticizing the government in social media. Authorities also attempted to impede criticism by opening disciplinary proceedings against lawyers to intimidate them from speaking with the media, as the Council of Europe’s commissioner for human rights, Dunja Mijatovic, noted on July 12.
Press and Media, Including Online Media: Throughout the year government-owned and progovernment outlets continued to dominate broadcast and print media. A limited number of independent online media outlets expressed a wide variety of views on government policies, but authorities pressured them in various ways for doing so. The 2019 International Research & Exchanges Board (IREX) Media Sustainability Index stated that “access to independent news sources in Azerbaijan gets more limited from year to year” and that “there is no independent print media in the country.”
Journalists reported that, following their coverage of the October 19 police operation, they were summoned to police precincts. Not all journalists responded to the summons, but those who did noted they were intimidated and made to justify their coverage before being released.
Authorities continued exerting pressure on leading media rights organizations and independent media outlets outside the country as well as individuals associated with them in the country.
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.
Violence and Harassment: Sometimes police used force against journalists and prevented their professional activities. According to the Index on Censorship project, at least three journalists sustained minor injuries from police during an attempted unsanctioned opposition rally in downtown Baku on October 19, and one journalist, Nurlan Gahramanli, was beaten by officers in a police car after being detained.
Local observers reported that journalists from independent media outlets were subject to harassment and cyberattacks during the year. The harassment 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 attacks on journalists, and such cases often went unsolved. Civil society activists continued to call on the government to effectively investigate the high-profile killings of journalists in 2015 (Rasim Aliyev), 2011 (Rafiq Tagi), and 2005 (Elmar Huseynov).
Lawsuits believed to be politically motivated were used to intimidate journalists and media outlets. On February 25, the Baku Court of Grave Crimes conditionally sentenced the editor in chief of Bastainfo.com, Mustafa Hajibeyli, to five and one-half years in prison with two years’ probation on charges of calls against the state, abuse of power, and forgery after republishing articles covering the July 2018 unrest in the city of Ganja. On March 18, Criminal.az editor Anar Mammadov received the same sentence. Both journalists asserted the charges against them were false and meant to intimidate them and others from independent journalistic activity.
Most locally based media outlets relied on the patronage of individuals close to the government 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 outlets 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. The law imposes a fine for libel of 1,000 to 1,500 manat ($590 to $880); the fine for slander is 1,000 to 2,000 manat ($590 to $1,180). Insulting the president is punishable by up to two years’ corrective labor or up to three years’ imprisonment.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected many of these rights but continued its practice of limiting freedom of movement for some prominent opposition figures, activists, and journalists.
Foreign Travel: While authorities lifted the travel bans of several opposition figures, lawyers, and journalists during the year, travel bans on others remained. Those whose travel bans were lifted included opposition Republican Alternative (REAL) Party chairman Ilgar Mammadov, former REAL Party Assembly head Azer Gasimli, 11 freelance journalists who worked with Meydan TV, and human rights lawyers Asabali Mustafayev and Emin Aslan.
Authorities continued, however, to prevent a number of other opposition figures, activists, and journalists from traveling outside the country. Examples included Popular Front Party chairman Ali Kerimli (banned from traveling since 2006), investigative journalist and activist Khadija Ismayilova, journalist Shahvalad Chobanoglu, and lawyer Intigam Aliyev.
The law requires men of draft age to register with military authorities before traveling abroad. Authorities placed some travel restrictions on military personnel with access to national security information. Citizens charged with or convicted of criminal offenses but given suspended sentences were not permitted to travel abroad until the terms of their suspended sentences had been met.
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.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. While the government made some progress in combatting low-level corruption in the provision of government services, there were continued reports of corruption by government officials, including those at the highest levels. Media reported the arrest of the mayor of Agstafa on December 19 for accepting bribes.
Transparency International and other observers described corruption as widespread. There were reports of corruption in the executive, legislative, and judicial branches of government. For example, in six reports on visits made to the country between 2004 and 2017, the CPT noted that corruption in the country’s entire law enforcement system remained “systemic and endemic.” In a report on its most recent visit to the country in 2017, for example, the CPT cited the practice of law enforcement officials demanding payments in exchange for dropping or reducing charges or for releasing individuals from unrecorded custody.
Authorities continued to punish individuals for exposing government corruption. On March 19, the Baku Court of Appeals rejected investigative journalist Khadija Ismayilova’s appeal of the December 2018 decision of the Baku Economic Court to hold her accountable for 45,143 manat ($26,600) of RFE/RL’s alleged tax debt, despite RFE/RL’s tax-exempt status as a nonprofit entity. On August 7, the Supreme Court upheld the verdict. Ismayilova’s reporting on elite corruption was widely considered the reason for the targeting, which also included her imprisonment from 2014 to 2016, subsequent travel ban, and the freezing of her bank accounts since 2017.
Corruption: In April 2018 the Council of Europe issued a report of its Independent Investigation Body on allegations of corruption within the Council’s Parliamentary Assembly (PACE). The findings indicated strong suspicion that certain current and former members of PACE had engaged in illicit activities, such as the giving and receiving of bribes, to inappropriately influence processes related to Azerbaijan in the Council of Europe and PACE. PACE censured 13 of its members for accepting gifts and bribes from the government, stripped their voting rights, and removed them from current and future leadership positions on PACE committees.
The Organized Crime and Corruption Reporting Project (OCCRP) published an article on October 15 reporting on a 19-day vacation to the Greek island of Mykonos taken by a group of Azerbaijani young men whose parents were senior officials of the State Oil Company. The group reportedly spent $2.2 million on private helicopters, luxury villas, and extravagant parties. Previous OCCRP publications asserted that the children of government officials used dozens of offshore companies to obscure their investments in luxury properties, businesses, and high-end hotels in Europe and the Middle East. During the year authorities initiated some criminal cases related to bribery and other forms of government corruption, but few senior officials were prosecuted. The Anticorruption Department of the Prosecutor General’s Office stated that during the year it opened 25 criminal cases concerning corruption, but no senior officials were prosecuted.
There was widespread belief that a bribe could obtain a waiver of the military service obligation, which is universal for men between the ages of 18 and 35. Citizens also reported military personnel could buy assignments to easier military duties for a smaller bribe.
The government continued efforts to reduce low-level corruption and improve government services by expanding the capabilities and number of State Agency for Public Service and Social Innovations service centers, which functioned as one-stop locations for government services, such as obtaining birth certificates and marriage licenses, from nine ministries.
Financial Disclosure: The law requires officials to submit reports on their financial situation, and the electoral code requires all candidates to submit financial statements. The process of submitting reports was complex and nontransparent, with several agencies and bodies designated as recipients, including the Anticorruption Commission, the National Assembly, the Ministry of Justice, and the Central Election Commission, although their monitoring roles were not well understood. The public did not have access to the reports. The law permits administrative sanctions for noncompliance, but there were no reports that such sanctions were imposed.
The law prohibits the public release of the names and capital investments of business owners. Critics continued to state the purpose of the law was to curb investigative journalism into government officials’ business interests.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Leading human rights NGOs faced a hostile environment for investigating and publishing their findings on human rights cases. For example, the Ministry of Internal Affairs and the Prosecutor’s Office separately summoned human rights defender and former political prisoner Ogtay Gulaliyev on May 6 and May 13. Gulaliyev reportedly informed independent media outlet Turan that the ministry expressed concerns about his Facebook posts on repression and torture, including the July 2018 Ganja case (see section 1.c.). According to a May 13 Turan report, the Prosecutor General’s Office issued a statement that evening accusing Gulaliyev of intentionally spreading untrue information that undermined political stability and cast a shadow on law enforcement measures. According to the statement, officials had warned Gulaliyev that if he continued to do so, more serious measures within the law would be taken against him, including criminal prosecution.
On October 29, Gulaliyev was struck by a car while crossing a Baku intersection on foot, causing head trauma that resulted in a cerebral hemorrhage and coma. Doctors did not perform surgery on him until October 30. Some activists and Gulaliyev’s sons stated the collision was an attack on Gulaliyev for his recently announced campaign against torture and his advocacy for those accused of wrongdoing by the government in connection with the July 2018 unrest in Ganja, and that doctors had purposefully withheld timely medical treatment after the accident. Other activists said there was no evidence the collision was intentional and that Gulaliyev received the standard care from a deeply flawed health-care system. The government-controlled Heydar Aliyev Foundation covered the costs of Gulaliyev’s transfer and treatment in a private hospital in Turkey, where he remained in a coma at year’s end.
The government continued to impose severe restrictions on the operations of domestic and international human rights groups. Application of restrictive laws to constrain NGO activities and other pressure continued at the high level of recent years. Activists also reported that authorities refused to register their organizations or grants and continued investigations into their organizations’ activities. As a result, some human rights defenders were unable to carry out their professional responsibilities due to various government obstacles, such as the travel ban on Intigam Aliyev and the frozen bank accounts of Intigam Aliyev and Asabali Mustafayev.
While the government communicated with some international human rights NGOs and responded to their inquiries, on numerous occasions, it criticized and intimidated other human rights NGOs and activists. The Ministry of Justice continued to deny registration or placed burdensome administrative restrictions on human rights NGOs on arbitrary grounds.
Government officials and state-dominated media outlets engaged in rhetorical attacks on human rights activists and political opposition leaders (see section 3), accusing them of attempting to destabilize the country and working on behalf of foreign interests.
The United Nations or Other International Bodies: The government objected to statements from international bodies criticizing what authorities called interference in the country’s internal affairs. For example, government officials and members of the National Assembly criticized the OSCE/ODIHR assessment of the 2018 presidential election, stating it had been written in advance of the election to smear the country (see section 3).
Government Human Rights Bodies: Citizens may appeal violations committed by the state or by individuals to the ombudsman for human rights for Azerbaijan or the ombudsman for human rights of the Nakhichevan Autonomous Republic. The ombudsman may refuse to accept cases of abuse that are more than one year old, anonymous, or already being handled by the judiciary. Human rights NGOs criticized the Ombudsman’s Office as lacking independence and effectiveness in cases considered politically motivated.
Human rights offices in the National Assembly and the Ministry of Justice also heard complaints, conducted investigations, and made recommendations to relevant government bodies, but they were similarly accused of ignoring violations in politically sensitive cases.