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HARASSED, IMPRISONED, EXILED Azerbaijan’S Continuing Crackdown on Government Critics, Lawyers, and Civil Society

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HARASSED, IMPRISONED, EXILED Azerbaijan’S Continuing Crackdown on Government Critics, Lawyers, and Civil Society HARASSED, IMPRISONED, EXILED Azerbaijan’s Continuing Crackdown on Government Critics, Lawyers, and Civil Society Harassed, Imprisoned, Exiled Azerbaijan’s Continuing Crackdown on Government Critics, Lawyers, and Civil Society Copyright © 2016 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-34136 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org OCTOBER 2016 ISBN: 978-1-6231-34136 Harassed, Imprisoned, Exiled Azerbaijan’s Continuing Crackdown on Government Critics, Lawyers, and Civil Society Summary ........................................................................................................................... 1 Abuse and Imprisonment of Government Critics ....................................................................... 2 Decimating Civil Society ........................................................................................................... 3 Harassing Family Members and Targeting Lawyers ....................................................................4 What Should Be Done? ............................................................................................................. 5 Recommendations .............................................................................................................. 8 To the Government of Azerbaijan ............................................................................................. 8 To the European Union and European Member States .............................................................. 8 To the United States ................................................................................................................ 9 To Multilateral Development Banks ......................................................................................... 10 United Nations ....................................................................................................................... 10 Council of Europe ................................................................................................................... 11 Methodology .................................................................................................................... 12 I. Arrests and Convictions of Activists, Journalists, and Others ...........................................14 Arrests and Convictions in 2016 .............................................................................................. 15 Use of Administrative Law to Detain Activists .......................................................................... 22 Relevant Legal Standards ...................................................................................................... 28 Activists and Journalists Remaining in Prison ......................................................................... 29 II. Restrictions on Non-Governmental Organizations ......................................................... 34 Restrictive Legislation and Regulations to Control NGOs .......................................................... 35 State Financial Support for NGOs ............................................................................................ 45 Prosecution and Releases of NGO Leaders ............................................................................. 46 Human Rights Bodies’ Criticism of Restrictions on NGOs ......................................................... 47 Azerbaijan’s Legal Obligations on Freedom of Association ..................................................... 49 III. Harassment of Activists’ and Journalists’ Family Members ........................................... 52 Emin Milli ............................................................................................................................... 52 Mehman Huseynov ................................................................................................................. 53 Ganimat Zahidov .................................................................................................................... 54 Tural Sadigli ........................................................................................................................... 56 Rasul Murselov ....................................................................................................................... 57 IV. Proceedings Against Independent Lawyers .................................................................. 58 Investigations into Litigation Organizations ............................................................................ 58 Other lawyers ........................................................................................................................ 60 Relevant International Legal Standards .................................................................................. 62 V. International Response to Azerbaijan’s Civil Society Crackdown ................................... 63 Economic Downturn and the Role of Multilateral Development Banks ..................................... 64 Seeking International Recognition and Strategic Partnerships ................................................. 70 Acknowledgements .......................................................................................................... 75 Summary The government of Azerbaijan continues to wage a vicious crackdown on critics and dissenting voices. The space for independent activism, critical journalism, and opposition political activity has been virtually extinguished by the arrests and convictions of many activists, human rights defenders, and journalists, as well as by laws and regulations restricting the activities of independent groups and their ability to secure funding. Independent civil society in Azerbaijan is struggling to survive. In late 2015 and early 2016 the authorities conditionally released or pardoned a number of individuals previously convicted on politically motivated charges, including several high- profile figures whose arrests and convictions had drawn vocal criticism from governments, intergovernmental organizations and nongovernmental groups (NGOs). Many have sought to frame the releases as an indication of a shift in the government’s punitive attitude towards independent civil society activists and groups. However, even as the government released some activists, bloggers, and journalists, authorities have arrested many others on spurious criminal and administrative charges to prevent them from carrying out their legitimate work. None of those released had their convictions vacated, several face travel restrictions, others left the country fearing further politically motivated persecution, or had to halt their work due to almost insurmountable bureaucratic hurdles hampering their access to funding. Authorities have also harassed the relatives of those attempting to carry out their activism from abroad, in some cases by bringing criminal charges against them. Numerous lawyers representing government critics in legal proceedings have been disbarred on questionable grounds, apparently to prevent them from carrying out their work. Based on more than 90 in-depth interviews with lawyers, nongovernmental organizations (NGOs), journalists, youth group members, political party activists, and relatives of these people, as well as detailed analysis of numerous laws and regulations pertaining to the work of NGOs, this report documents the government’s concerted efforts to paralyze civil society and punish those who criticize or challenge the government through prosecutions and legal and regulatory restrictions. 1 HUMAN RIGHTS WATCH | OCTOBER 2016 Abuse and Imprisonment of Government Critics Following a well-established pattern from 2013 to 2015, in 2016 Azerbaijani authorities used a range of false, politically motivated criminal charges, including drug possession and illegal business activity to arrest at least 20 political and youth activists. Those detained have often been subject to ill-treatment including torture. For example, youth activists Giyas Ibrahimov, 22, and Bayram Mammadov, 21, are currently in detention awaiting trial on charges of drug possession, having signed false confessions under torture. Baku police detained Ibrahimov and Mammadov on May 10, 2016 after identifying them through CCTV footage as having painted graffiti on a statue of former president Heydar Aliyev, father of the current president. Police ordered the men to publicly apologize, on camera, in front of the monument, in exchange for their release. When they refused, police beat them, forced them to take their pants off, and threatened to rape them with truncheons and bottles. They signed the confessions after this. In another case, in November 2015, security officials detained 68 people in Nardaran, a Baku suburb known for its Shia religious conservatism
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