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.