HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF AZERBAIJAN

The Human Rights Committee this afternoon concluded its consideration of the third report of Azerbaijan on measures undertaken to implement the provisions of the International Covenant on Civil and Political Rights.

Khalaf Khalafov, Deputy Minister for Foreign Affairs of Azerbaijan, introducing Azerbaijan’s report, explained that the opinion of the Committee about alleged pressure and physical violence against representatives of the mass media and national human rights organizations was a result of misinformation. The court decision had disengaged their journalistic activity from the issue before court. In accordance with the Committee’s recommendations, Azerbaijan was taking measures aimed at the improvement of the functioning and enhancing of the effectiveness of the penitentiary system, including the modernization of infrastructure and living conditions. In May 2009, the new building of the Baku Detention Centre – which met international standards and was equipped with modern equipment – had been opened for use.

The Armenia-Azerbaijan Nagorno-Karabakh conflict remained the hardest problem for Azerbaijan, Mr. Khalafov said. The Nagorno-Karabakh region and seven regions around it, which constituted 20 per cent of Azerbaijani territory, were occupied by Armenia. More than 1 million Azerbaijanis had become refugees and internally displaced persons as a result of ethnic cleansing carried out by Armenia. During the aggression of Armenia severe violations of international humanitarian law had been perpetrated, including extrajudicial punishments, mass shooting and torture. Azerbaijan was not able to implement the international obligations in the territories occupied by Armenia. However, Azerbaijan remained loyal to a peaceful resolution to the conflict granting the highest level of autonomy to Nagorno-Karabakh within the territory of Azerbaijan.

In the ensuing dialogue Experts acknowledged that the legacy of 70 years of Soviet totalitarianism would not disappear over night. However, reports on the lack of independence of judges and the lack of freedom of press were of great concern to the Committee. In that regard, Experts asked questions about specific cases of conviction of journalists, alleged police killings of journalists and others; alleged suicides of journalists and others on police premises; cases of corruption involving journalists or judges; and the fact that slander and libel were considered criminal offences.

Over the course of three meetings Experts asked further questions relating to, inter alia, violence against women, especially measures taking into account women’s reluctance to report rape or domestic violence; representation of minorities in Government; the situation of internally displaced persons and refugees due to the conflict with Armenia over Nagorno-Karabakh; the reintegration of victims of human trafficking; limitations of the right to assembly; limitations of the freedom of religion; religious instruction by persons with foreign education; attacks on homosexuals; and the possibilities of civilian service for conscientious objectors.

The delegation of Azerbaijan also included Members of the Ministry of Internal Affairs; the Ministry of Justice; the General Prosecutor’s Office; the Executive Office; the Ministry for Youth and Sport; the Ministry of Labour and Social Protection of the Population; the State Committee for Family, Women’s and Children’s Affairs; the Ministry of Foreign Affairs; and the Permanent Mission of Azerbaijan to the United Nations at Geneva.

When the Committee resumes its public meetings on Thursday, 24 July, at 3 p.m. it will meet with States parties to engage in an interactive dialogue on the implementation of the International Covenant on Civil and Political Rights.

Report of Azerbaijan

The third periodic report of Azerbaijan (CCPR/C/AZE/3) notes, regarding freedom of the press, that the Mass Media Act sets out general rules on seeking, receiving, preparing, imparting, producing and disseminating public information in Azerbaijan, and also defines the organizational, legal and economic framework for the work of the press, news agencies, television and radio companies to give effect to the rights of the citizens of Azerbaijan to full, accurate and timely information. The Act prohibits any censorship by the State of the media, and also prohibits the creation and funding of special government agencies or posts for this purpose. Public authorities, municipalities, institutions, enterprises, organizations, voluntary associations and officials, and also political parties, may not require media outlets to clear reports and information with them before publication, nor may they forbid their dissemination. In addition, under the Criminal Code, it is an offence to obstruct journalists in the performance of their legitimate professional activities, for example, by compelling them with the threat or use of force to publish or to desist from publishing certain information, an offence which is punishable by fines of between 100 and 500 nominal financial units or punitive work for periods of up to one year. The same acts committed by officials in abuse of their official position are punishable by punitive work for periods of up to two years or custodial sentences for periods of up to one year with or without forfeiture of the right to hold certain positions or engage in certain activities for periods of up to three years.

Concerning freedom of assembly and association, the registration of bodies seeking the status of legal entities may not be refused on the grounds that the formation of such bodies is considered undesirable. Under the Constitution of Azerbaijan, everyone has the right to freedom of assembly. Subject to the provision of advance notice to the relevant State authorities, everyone has the right of peaceful, unarmed assembly and the right to hold meetings, rallies, demonstrations and street processions and to picket. The obstruction of meetings, rallies, demonstrations, street processions and pickets that have been organized in accordance with the law shall incur the imposition on individuals of fines of between 25 and 30 nominal financial units, and on officials of between 50 and 70 nominal financial units. A range of measures is currently being set in place to improve the legislation in this area. A working party has been set up for this purpose, which is working in close cooperation with the European Commission for Democracy through Law (Venice Commission of the Council of Europe).

Introduction of the Report

KHALAF KHALAFOV, Deputy Minister for Foreign Affairs of Azerbaijan, introducing the report, said that in March 2009 there had been constitutional reforms that were very significant for the promotion and protection of human rights and freedoms. The constitutional reforms were directed towards strengthening the social focus of the State, the enhancement of the effectiveness of human rights and freedoms’ protection, the improvement of the work of supreme State authorities, as well as courts and municipalities.

With a view to eliminate all forms of violence against women, the Government continued to take relevant measures of a social and economic character. The definition of sexual discrimination was enhanced in the law on gender equality in 2006 and now included also any demonstrations of differentiation and superiority for reason of sex that limited or impeded equal implementation of rights. In addition, a draft law currently under review contained provisions for the establishment of rehabilitation centers for women and children who were victims of violence. Azerbaijan had also taken relevant legislation measures in the fight against human trafficking. In 2008, 76 crimes related to human trafficking had been uncovered, 96 persons had been brought to trial and the accused had been brought to criminal responsibility. During the same period, over 50 persons had been placed in temporary shelters and 41 victims of human trafficking had been paid benefits during the period of their reintegration.

In accordance with the recommendations of the Committee regarding the improvement of living conditions in prisons, Azerbaijan was taking complex measures aimed at the improvement of the functioning and enhancing of the effectiveness of the penitentiary system, including the modernization of infrastructure and living conditions, Mr. Khalafov said. In May 2009, the new building of the Baku Detention Centre – which met international standards and was equipped with modern equipment – had been opened for use. The construction of similar establishments continued in several other cities. As a result of the humanization of State criminal policy, and also widely applying the amnesty and pardon acts of Azerbaijan, it was observed that the number of convicted persons had decreased in recent years. In that context, 9,000 persons had been released from prisons as a result of the latest Amnesty Act of March 2009.

Regarding the freedom of press, Mr. Khalafov explained that the opinion of the Committee about alleged pressure and physical violence against representatives of the mass media and national human rights organizations was a result of misinformation. The court decision had disengaged their journalistic activity from the issue before court and in all cases the principle of right to equality of each person before the law was considered as a basis, independent from professional occupation and work status.

The Armenia-Azerbaijan Nagorno-Karabakh conflict remained the hardest problem for Azerbaijan. The Nagorno-Karabakh region and seven regions around it, which constituted 20 per cent of Azerbaijani territory, were occupied by Armenia. More than 1 million Azerbaijanis had become refugees and internally displaced persons as a result of ethnic cleansing carried out by Armenia. During the aggression of Armenia against Azerbaijan severe violations of international humanitarian law by Armenia, extrajudicial punishments, mass shooting and torture had taken place. Azerbaijan was not able to implement the international obligations in the territories occupied by Armenia. However, Azerbaijan remained loyal to a peaceful resolution to the conflict granting the highest level of autonomy to Nagorno-Karabakh within the territory of Azerbaijan, Mr. Khalafov concluded.

Oral Answers by the Delegation to Written Questions by Experts

Responding orally to a series of written questions submitted in advance by Committee Experts, the delegation noted that, following the law on gender equality, all laws had been reviewed and had undergone changes. For example, pregnant women were given certain benefits and focal points for gender equality had been set up in the ministries. There were also more and more women coming into State positions as the Gender Equality Ministry was conducting awareness-raising campaigns to facilitate careers for women. There were also a number of projects with the non-governmental sector regarding violence against women. Generally speaking, Azerbaijan wanted to create additional possibilities to enforce women’s rights in public life.

The law had a number of provisions to prevent domestic violence. The Committee on Family and Women’s Affairs, in cooperation the United Nations Population Fund (UNFPA), had drawn up a draft law on domestic violence. Rape against other members of the family was covered under the Criminal Code.

Concerning torture and persons held in custody, the delegation said that that issue was of major concern to the Government. Such allegations were investigated immediately and a provision had been adopted in that regard. As to alleged torture, the delegation said that any cases of torture that led to evidence were brought to the judge and medical investigations were involved in connection which such cases. When Azerbaijan had been a member of the Soviet Union, judges had been subject to the dictatorship of the proletariat and Courts had been deeply politicized. Now, justice was enshrined in the Constitution as being autonomous and based on democratic principles.

The Ombudsman for Human Rights had so far received 42,000 complaints, 93 per cent of them of a general nature and going back over the past five years. Many complaints dealt with social, cultural and economic rights. Around 40 per cent of the complaints had been taken up and were being dealt with in collaboration with non-governmental organizations. In the Interior Ministry, there had been three cases in which eight persons had committed crimes in the area of human rights and had lost their posts afterwards.

Concerning human trafficking, the delegation said that a shelter for the victims of human trafficking had been set up in Baku. Its equipment was in keeping with modern international standards. In order to prevent human trafficking, a hotline had been set up. Legislation had been introduced as well as a national plan to tackle human trafficking in the most appropriate fashion. Awareness-raising campaigns were up and running throughout the country with the help of non-governmental organizations and police officers. Over 80 victims had been provided with compensation.

As to the length of detention, custody could not exceed three months and in certain cases six months. In much more serious cases it would be nine to twelve months. Public monitoring of penitentiaries was dealt with as set out in the appropriate legislation. To enhance monitoring, in the past few years sub-units in the Ministry of Justice had been set up and spontaneous visits would now be possible. Regarding the improvement of prison conditions, appropriate legislative acts had been adopted. The rights of convicts had been broadened and brought in line with European standards. Medical attention was available for convicts suffering from tuberculosis.

Regarding internally displaced persons and refugees, the delegation said that that was a huge problem Azerbaijan had to deal with. At the moment there were 750,000 displaced. The Government was trying to improve living conditions and provide jobs for them. Of course, Azerbaijan looked forward to a peaceful settlement and for a safe return. It was a complicated legal, social and economic problem. There were huge problems to provide appropriate housing for those people, re-housing them from the tents they had been living in. Clearly, Azerbaijan had the will as well as the intellectual and financial means to rebuild what had been destroyed during the occupation by Armenia. Since the collapse of the Soviet Union, some 50,000 persons from Central-Asia had received refugee status.

As to Chechens, the delegations said that Azerbaijan tried to create conditions as spelled out by international obligations and the United Nations High Commissioner for Refugees.

Questions by Committee Experts

Experts noted that the information provided by the delegation in many cases differed greatly from information received from non-governmental organizations and more concrete information was needed. In particular, Experts asked about the follow-up to communications received by the Office of the High Commissioner for Human Rights; visiting rights for national and international non-governmental organizations in prisons; access to legal counsel for persons in police custody; the number of persons held in police detention, in administrative custody, in pre-trial detention, and convicted and held in prison facilities; under what conditions electronic tracking bracelets where used in the justice system and how many were currently in use; and reintegration measures for convicts that had served their sentences.

Regarding the right to life, an Expert asked for more information on police killings that allegedly took place over a period of several years, as well as on the investigation of the killing of the journalist Elmar Huseynov in 2005. The Covenant said that when the police arrested someone they had to take him to a court of law. An Expert noted that, on the issue of police violence, Azerbaijan seemed to be in a state of denial as various cases before the European Court for Human Rights demonstrated. Experts wanted to know whether, in practice, persons who had been arrested and subjected to brutality had their cases brought to court. Who lead investigations on such cases? Also, what were the legal procedures if confessions had been extracted under duress by law enforcement officials?

As to violence against women and rape, information from non-governmental organizations suggested that there was a major problem in Azerbaijan, and that the fear of stigma seemed also to be still strong and prevented women from reporting. In terms of prosecution, the problem was not the definition of rape or what constituted evidence of it. It was rather the definition of non-consensual sexual acts and the absence of resistance – which was too vague as a concept. Experts also asked specifically about protection for the girl child and whether child marriages existed.

Victims of human trafficking were extremely fragile and integration was vital – especially integration into the labour market without which victims would be lost and might take up prostitution as a way of living. Domestic violence seemed to be a major phenomenon in Azerbaijan and the statistics were not necessarily significant as there was much non-reported violence. Non-governmental organizations estimated that up to 80 per cent of all Azerbaijani women had suffered some form of domestic violence. Did women who were victims of violence have a reception centre where they would be helped? Were there real prosecutions that led to convictions or was the trend rather to find a modus vivendi?

An Expert noted that the number of 9,000 cases of tuberculosis in prisons was very high and questions about hygiene in prisons had to be asked, although the delegation had noted that those prisoners were taken care of. It was also important to differentiate in the statistics between those persons that had tuberculosis before detention and those that had become tubercular while at the detention centre.

Regarding immigration and internally displaced persons, Experts wanted to know what the procedure for expulsion was; if expulsion orders were appealable; and whether the situation of children and women among the internally displaced had been taken into account. An Expert referred to the poor living conditions of internally displaced persons in Azerbaijan and asked whether there were plans other than repatriation programmes to make it possible for internally displaced persons to get land to live on.

Answers by the Delegation

Responding to questions, the delegation said, regarding the complaints procedure, that in each government body there was a unit dealing with citizens’ complaints. Complaints concerning the impartiality of judges or corruption were dealt with by a judicial council. In the Interior Ministry a new procedure had been set up to deal with complaints openly or confidentially. There had been 23 members of staff against whom cases had been opened regarding human rights violations. There were clear cases of torture which had been identified and information for the prosecutor had been provided. As a result of the investigation a number of persons had been had been removed from their posts.

As to the law on gender equality, the delegation explained that the prohibition of sexual coercion was covered by the law and had been enacted last November. The law not only covered the rights of women, it also extended rights to men who cared for children. Irrespective of whether a person was a man or woman, everyone was equal before the law. Mitigating circumstances in the Criminal Code included pregnant women or women that cared for young children if the crimes committed were less serious and the woman was not sentenced to more than five years.

Concerning women in the labour force, the delegation said that in the Interior Ministry there were 1,800 women with several in leading positions and in the Foreign Ministry there were 153 women 15 of whom were in leading posts. There were also 70 women’s non-governmental organizations and the number of women in the academia was very significant.

In the Criminal Code mention was also made of rape, coercion for prostitution, forced medical sterilization, forced sexual intercourse and other related forms of violence against women. Social measures were designed to tackle domestic violence focusing especially on prevention. Domestic violence encompassed all members of the family, for example children and elderly persons living in the family. Particular punishment was provided if especially vulnerable persons, such as pregnant women, defenceless persons, minors or elderly persons had been sexually coerced. Statistics showed that 20 per cent of women between the ages of 15 and 45 had been victims of sexual violence. The number of victims of domestic violence mentioned by the Experts, 84 per cent, was absurdly high. The draft law on domestic violence focused on awareness-raising, which was particularly important as there was a strong psychological coercion for women not to report cases of domestic violence and legal provisions were not well known. Regarding child marriages, a study had been carried which had found that out of 81,000 marriages in 2008 some 5,000 had been early marriages.

As to public access to and monitoring of detention centres, the delegation explained that before the opening of new centres the public was invited to visit those centres. It was Azerbaijan’s intent to establish a strong judiciary as a whole. Over the past few years, a number of measures had been taken to strengthen the judicial system in collaboration with the World Bank and the European Union. Azerbaijan was also working closely together with the Council of Europe to enhance the judicial system and had set up various independent bodies to monitor the judiciary. If a person could not hire a lawyer one would be assigned to him. Family members had a right to see their relatives in detention centres and those visiting rights were effectively enforced. The figure of 9,000 people suffering from tuberculosis, which an Expert had mentioned, dated back to 1995 probably. Today, there were 600 to 700 cases which were being treated. Some had been diagnosed in 2009 and 16 persons had died of tuberculosis despite the care given to them.

Regarding questions surrounding the killing of the editor-in-chief of a newspaper, the delegation said that in March 2005 he had been killed on the street in Baku where he lived. That killing had led to a great deal of scandal and an investigation had begun immediately. In April 2005 the case had been transferred for further investigations, and criminal charges were brought against three persons. Two persons were subject to international investigations as well. In May 2005, two of the three persons were convicted to two months in prison. A huge amount of investigation had been undertaken, during which more than 600 witnesses had been questioned. Georgia was also involved as various requests for legal assistance had been sent, among them a request for extradition, which had not yet been granted. If someone was suspected of having committed crime the person could be held for 24 hours following which detention could be prolonged for only 24 more hours. The maximum duration of detention was 48 hours. If the person was guilty he was convicted, if not, he had to be let free.

Concerning killings committed by members of the police, the delegation said that during the last three years police officers had not been guilty of such killings. There was one incident in which a police officer had killed his wife in a domestic incident. In 2008, a non-governmental organization had sent 14 communications about human rights violations by the police and each case had been investigated. There were three cases of suicide on police premises and after investigations not a single case could be confirmed. On a case in a province where police officials had beaten up a person, the person responsible had been convicted.

Regarding non-governmental organizations, there were many organizations that were led by women and young people. The huge number showed also that the State supported the activities by non-governmental organizations and had made registration easy.

As for refugees and asylum-seekers, it was noted that a new service had been set up to deal with immigration issues. Azerbaijan took into account the refugee status granted by the United Nations High Commissioner for Refugees in questions of expulsion or expedition. There were now more than 800,000 internally displaced persons in Azerbaijan proper. Originally, they had been placed in tents and administrative buildings. From 2001 until today, 61 new residential areas had been built and 17,000 families had been placed in those areas. Today, there was not a single tent camp on the territory of Azerbaijan, and some 277,000 internally displaced persons had been provided employment. About $1 billion had been allocated to the needs of refugees and internally displaced persons. In addition, 178 minefields and over 400 battlefields had now been cleared.

With regards to the public monitoring of remand cells, the delegation said that it they were regularly visited by a number of international Committees, human rights organizations, the Ombudsman and the International Committee of the Red Cross. Visitors found that the remand cells were exemplary models of how people should be detained and that they were in line with international standards. There had been no complaints about the conditions of detention of about ill-treatment and punishment. People in custody were able to meet their defenders and there were no limits for visits.

Questions by Committee Experts

Experts said that they were concerned about information from non-governmental organizations on the lack of independence of the judiciary and lack of freedom of press in Azerbaijan. The legacy of 70 years of Soviet totalitarianism could not be changed overnight. However, the close links of the Executive with the Judiciary were worrisome, as well as the corruption among judges. It was maintained that participation of minorities in Government – specifically with regard to a question on the composition of the delegation – was a legitimate concern and might have been limited under Soviet ruling. Experts asked questions concerning the first moment of access to lawyers for persons under arrest; investigation of the alleged suicides during police custody; numbers of persons detained at various stages before trial; and the number of persons infected by tuberculosis after having entered the detention centres.

Answers by the Delegation

On the independence of the Judiciary from the Executive, the delegation said that the appointment of judges was very transparent and the public and non-governmental organizations were involved. The Judicial Council was not under the Ministry of Justice and therefore independent. The Association of Judges put forward candidates, information on whom was easily accessible by the public. Of course there were cases of corruption and there were also cases that did not result in convictions. However, salaries of judges had been raised remarkably, which made corruption less likely. Over the last few years, a number of judges had been dismissed and over 40 judges had not been recommended for further terms. The medical service was not related to prison services and did carry out independent examinations.

The delegation emphasized that among the people who have been released under amnesty laws were journalists. On the case of the newspaper editor Huseynov, the delegation said that the journalist had been taken to court earlier for libel and slander. The journalist had information on a person in a ministry and in order not to publish this information he wanted to bribe that person. During the investigation, the document requesting the bribe was found. Mr. Huseynov appealed his decision and his sentence had been reduced by one year. Regarding Mr. Huseynov’s request for the list of illnesses which would lead to lighter sentences and which had not been granted, the delegation said that if a prisoner had any kind of illness, the prisoner would be examined by an independent doctor. As to the three suicides on police premises, the delegation assured the Experts that criminal cases had been opened on each of them. Four police officers had been dismissed as result of these investigations.

Regarding support for non-governmental organizations, numerous grants had been provided. Last year, there had been grants of $1 million had been given out to non-governmental organizations and the amount would be even higher this year. The protection of minorities, including the protection of their languages and traditions, was a priority in Azerbaijan and several non-governmental organizations were working in that field. Already in the year 2000, Azerbaijan had acceded to the Framework Convention on the Protection of National Minorities of the European Council to which it already had submitted its initial report. As to the representation of minorities in Government, there was no prohibition in that regard and the delegation was not aware that there has been such a prohibition even during Soviet times.

Turning to corruption during the last parliamentary election, the delegation said that several complaints had been lodged and had been investigated. Some of them had led to conviction. It should be noted that for the last presidential elections no complaints had been made.

The delegation said that restrictions on freedom of assembly might take various forms, including changes of time and place or changes of the route taken for demonstrations and these were lawful under conditions spelled out in the law. In 2005, when the parliamentary elections were about to take place, 26,000 meetings and marches had been held with candidates, only 15 of which had had limitations imposed on them and all the others had been conducted legally and peacefully. None of the meetings preceding the presidential elections had involved limitations.

Questions by Committee Members

Experts wished to hear more about concrete measures taken to counter corruption in the judiciary; cases in which conscientious objectors could exercise alternative service; and more information about legal aid provided to persons before their conviction. Notwithstanding that journalists in prison were not convicted for their professional activities but for libel and slander, Experts were concerned that libel and slander were defined as criminal offences rather than civil ones.

Regarding the freedom of religion, Experts asked questions concerning the scope of constitutional provisions that appeared to limit freedom of religion in order to fight extremism; the specific procedure for the registration of Muslim communities and the number of refusals for registration of religious communities; and the possibility for Muslims to publicly practice their religion.

Answers by the Delegation

The articles on slander in the Criminal Code were of a preventive nature, the delegation said. They should remain but not be applied under the Criminal Code.

Clear messages on alternative service to the Army had not come through. The period of alternative service was one year and half and for persons with higher education one year.

As to the rights of homosexuals, the delegation said that Azerbaijan was an Eastern country with certain European values which they were developing. In law, there was no discrimination against people because of their sexual orientation. There were no complaints on discrimination by members of sexual minorities. Therefore, there was no need to establish new legislation. If the issue would become more complicated then structures would be worked out.

Under the jurisdiction of the European Court, Azerbaijan had committed to not limit religious instruction. There was a madrasa (Islamic school) which was not linked to the Government and people who graduated from it could perform religious services.

Closing Remarks

KHALAF KHALAFOV, Deputy Minister for Foreign Affairs of Azerbaijan, in concluding remarks, said that it was true that the traces of a totalitarian past would not disappear overnight. This took time. The level of development of the society was not the same as the needs expressed by society. The violations which were occurring in State structure were not a result of the State being wrong, but due to laws not being applied vigorously. Azerbaijani laws were dynamic and there were constant efforts to disseminate the comments by the Human Rights Committee and other Committees. Azerbaijan was aware that it was going down a long path and was willing to further engage with the Committee.

YUJI IWASA, Chairman of the Human Rights Committee, in his closing remarks, said that he had taken note of the willingness of Azerbaijan to change society. The Committee was willing to assist Azerbaijan in its efforts.


For use of the information media; not an official record


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