RELIGIOUS SITUATION IN AZERBAIJAN IN 2018

ANNUAL ANALYTICAL REVIEW

Arif Yunusov

A brief historical background

Almost 97 per cent of the 10 million Azerbaijan population consists of Muslims, most of whom are Shiites. The rest of the population is mainly Christians (predominantly Orthodox), also Jews, representatives of other confessions (Baha'i, Hare Krishnas, etc.), and atheists. According to the State Committee of the Azerbaijan Republic on Work with Religious Organizations (SCWRO), on January 1, 2019, there are officially registered 909 religious communities that functioning in Azerbaijan, 877 of which are Islamic, and 32 represent other confessions, including 21 Christian, 8 Jewish, 2 Baha’i, and 1 Krishnaite. Also, today in Azerbaijan there are 2,250 mosques, 136 of which are located in Baku. In addition, there are 14 churches and 7 synagogues in the country, as well as 748 sanctuaries and places of worship.1 (For further details, please see - Statistics of the religious situation in Azerbaijan). Religious diversity was traditionally a visiting card of the country. However, that age-old confessional diversity in the past has often sparked many conflicts and social upheavals. However, a seventy-year Soviet period was crucial for the development of modern religious processes in Azerbaijan. Mass repressions led to the fact that majority of theologians and clergymen were largely exterminated, and the survivors became part of executive power system of atheist communists. As a result, in 1991, Azerbaijan declared its independence and formally became an Islamic country. A that time believers were not exceeding one percent of the population. Although the majority of the population considered themselves Muslims by birth; they did not have any real perception of religion and basic principles of faith, did not attend or pray in mosques, did not observe the necessary rites and ceremonies. Approximately the same situation was in respect of other confessions of Azerbaijan. The process of re-Islamization and the country religious landscape has been changing since the Independence period. The number of Muslim believers has rapidly increased. A decade after the Independence they accounted approximately ten percent of Azerbaijan population. Nevertheless, nowadays, the number of Muslim believers or practitioners has increased to about 20-22 percent of the total population. In other words, over the last 20 years of the Independence in Azerbaijan the number of those who began to attend mosques and observe all necessary rites has increased twenty fold.2 Majority of them is a younger generation. At the same time, the number of

1See: 2,250 Mosques Functioning in Azerbaijan. - http://www.contact.az/ext/news/2018/1/free/Social/en/68165.htm 2 For details, see: Arif Yunusov. The Islamic Factor in Azerbaijan. – Baku, 2013, p.26. atheists, or those who considered themselves as such, has been sharply decreased. In fact, today, atheists in Azerbaijan are in the position of believers in Soviet times. Drastic changes have also occurred within the Islamic community. Nowadays the range of religious diversity is much wider. Various Sufi communities liquidated during the Soviet era resumed their activities in the republic. At the same time, new Islamic trends began to emerge, among which Salafi and the movement of Turkish Nurchu or Gulen play a prominent role. There have been also major changes in the Shiite community of Azerbaijan. In early 1990s of the XX century the Shiite community did not find support in society, then at the beginning of the XXI century the situation has undergone considerable metamorphoses and a kind of Shiite Renaissance process emerged in Azerbaijan. This is largely due to the emergence in the country of well-educated new spiritual authorities group. Thus, in just two decades of the Independence in Azerbaijan a number of deeply religious people and strengthening the role of Islam in society had spread to such a degree that they became an integral part of the population identity and turned into a serious political aspect in the republic. Since 1993 the Aliyev family has been governing the country; first, the former Communist party leader of Azerbaijan Heydar Aliyev who was the President, and since 2003 his son Ilham Aliyev took up this post. The days of atheism propaganda are finally in the past. On the contrary, now religion was perceived as part of the people cultural heritage in association with its moral and ethical values. Within the framework of this policy, it has been allowed to restore old and build new mosques, some religious dates has been revived, respect for clergy has been declared, it has been paid attention to Islamic symbolism (oath on the Koran, pilgrimage, etc.). At the same time, the authorities were exercising increasingly strict control and regulation over religious activities through administrative methods. Accordingly, the government extremely negatively perceived any unauthorized activity in the religious sphere and planned to punish such offenders more severely. In the second part of 1990s the authorities took over the control of the Board of Muslim of Caucasus (BMC) activities headed by the Sheikh-ul-Islam Allahshukur Pashazade. In 1996-1997 the amendments were made to the Law on Religious Freedom. According to the new amendments, all organizational matters in Muslim religious communities are now subject to the BMC, and no longer regulated by Muslim communities that are the centres of traditional confessions. On June 21, 2001, there was the Presidential Decree of the Azerbaijan Republic, №512 “About approval of the Regulations on the State committee” (SCWRO). According to the Decree the State Committee was engaged in management in the religious sector: to control, register (previously it was responsibilities of Ministry of Justice) and make adjustment concerning the decisions on disallowed religious communities and organizations activities, etc. Thus, at present time, the main role in exercising control over religious structures in Azerbaijan is currently entrusted to two structures, the SCWRO and the BMC. So, the first one pursues this policy officially, as a state structure, and its main task is to register religious communities loyal to the authorities and prohibit the activities of disloyal ones. However, the religious sphere is very thin and at the same time complex; the authorities realized that without the religious structures and organizations assistance it would be extremely difficult to achieve their goal. That is why it was decided to pay more attention to the BMC and enhance its role in society. On May 8, 2009, the country's parliament adopted amendments and additions to the Law “On Religious Freedom”. The Law requires mandatory state registration in compliance with complex specifications; the community religious activities are limited within the registered address; the content, publication, import, export, distribution and sale of religious literature are limited; the religious education and clergy training are to be approved by the State. There are administrative sanctions imposed on violators of the Law”. In 2014, the European Court of Human Rights (ECHR) informed that this law provides the authorities with “unlimited discretionary powers” to define and prosecute “illegal” religious activities. This was followed by new amendments to the law, particularly strict ones in 2011, and 2015. These amendments sharply tightened the already ongoing very strict control over the activities of religious communities. As a result, the registration process was reformed and became very complex, which is essentially created obstacles on the way of independent religious communities (for further details, see - Analysis of laws).

THE STATE AND BELIEVERS IN 2018

Strengthen the role of SCWRO

In 2018 the authorities made a decision to further strengthen the role of the State body to control the religious situation on the country. On January 16, the SCWRO along with the Ministry of Internal Affairs, the General Prosecutor’s Office and the State Security Service adopted and signed a special interdepartmental “Action Plan to combat religious extremism”. Thereon in coordination with the law enforcement bodies, the SCWRO further tightened its policy towards religious communities that have not been registered and engaged in illegal activities.3 A month later, on February 15, 2018, it was published the Presidential Decree “On Amendments to the Regulations on the State Committee of the Republic of Azerbaijan on Work with Religious Organizations”. According to the Decree, the SCWRO is allowed to send citizens to religious educational institutions in order to receive religious education providing permission to exchange students and teachers as well as religious leaders and specialists in religious educational institutions.

3Combat Religious Extremism with Joint Efforts. - http://www.contact.az/ext/news/2018/1/free/Social/en/68329.htm Besides, based on the appeal of the BМC, the State Committee provides permission for citizens of Azerbaijan who have received religious education abroad to conduct religious rites and ceremonies.4 In accordance with the Presidential Decree of April 23, the SCWRO Chairman Mubariz Qurbanly was among the 16 officials of the Cabinet of Ministers.5 Promoting the status of the SCWRO and strengthening its role in the religious country life allowed him to increase his staff. On May 2, it was decided to hire 38 new employees to the existing 86 by the end of the year. No any other state structure of Azerbaijan was seeking or hiring so many candidates for positions. At the same time, the SCWRO assumed financial control over the activities of Islamic clerics in mosques. On May 1, 2018, it was announced that henceforth Islamic clerics would receive salaries as state employees: imams of mosques operating in the country would get over 400 manats (210 euros), and their deputies — over 300 manats (158 euros). The funds will be credited to the bank accounts of 1,060 religious leaders of the country, of which about 200 in the Nakhchivan AR.6

Changes in legislation

In the period of the year 2018, the authorities remained faithful to the traditional practice of making further changes to the legislation. At the beginning, the authorities sorted out the confusion created by them regarding those who had received religious education abroad. In November 2011, a ban was imposed on education abroad without a special permission. But already in January 2016, the subsequent amendments were added and the authorities pointed that this ban had been applied to the Islamic community only whereas representatives of the Christian, Jewish and all other religious communities of Azerbaijan could freely study abroad. On July 22, 2017, the President Ilham Aliyev cancelled the ban on religious activities concerning citizens of Azerbaijan who had obtained their education abroad. Based on this Decree, on February 15, 2018, there were new amendments in the Presidential Decree concerning the activities of the SCWRO allowing them to issue permits to those who obtained education abroad and willing to conduct religious activities in mosques.7 By the end of the year, in December, it was known that the country's parliament had been actively working on the preparation of a new law “On Freedom of Religion” that

4 Expanded powers of the State Committee of the Azerbaijan Republic on Work with Religious Organizations. - https://www.trend.az/azerbaijan/politics/2861525.html (in Russian). 5 See: Order of the President of Republic of Azerbaijan by April 23, 2018. - https://ru.president.az/articles/28208 (in Russian). 6 The state pays for the work of more than 1000 clerics. - http://www.contact.az/ext/news/2018/12/free/politics%20news/en/77630.htm 7 Those who have received education abroad will be able to conduct religious activities. – http://faktxeber.com/News_h509548.html (in Azeri). should completely replace the old law dated of 1992. The draft of the new law will be submitted for discussion at the spring 2019 parliamentary session.8

State control in the field of religious education

Since 1991, the training of clergymen and Islamic scholars was in the main educational institution of Azerbaijan, Baku Islamic University (BIU). Moreover, there were 30 madrasa in the country.9 However, these madrasa were totally independent from the BMC, and quite soon the authorities started the campaign by shutting them down. Finally, by early 2017, only three registered madrasa were operating in the country: Shabnam madrasa for girls in Baku, Aliabad Islamic madrasa and Shaki Islamic madrasa in Zaqatala. In the meantime, at the end of 2016, as the authorities pointed out there were only ten akhund10 and eleven imams11 appointed by the BMC in 600 of the 2,100 mosques operating at that time. In 1.500 mosques there were clergy who obtained their education abroad and not-appointed by the BMC.12 At the end of 2016, in order to rectify the situation, the authorities made a decision to open new madrasa in Baku and seven provinces. The issue had immediately arisen whether they had to be dutiful to the BMC or the SCWRO. So, the decision to open new madrasa was on hold. At the beginning of 2018 the authorities made a decision to fully control a sphere of religious education. On February 9, 2018, the President Ilham Aliyev issued a Decree on the establishment of the Institute of Theology under the SCWRO, and on May 31, it was another Decree about appointing a former President Administration employee Jeyhun Mammadov to the post of the Institute Head. Rather quickly the authorities solved the problem of other religious institutions. The faculty of Theology from the Baku University was transferred to the Institute of Theology without any explanations. A bit later it was announced that the Baku Universities ceased to accept new applications and therefore its activities. On September 17, there was an official opening ceremony of new Azerbaijan Institute of Theology (AIT). It was stated that AIT was deliberately called not Islamic but theological, which implies teaching not only Islam but other religions as well. Also, the authorities underlined that new madrasa affiliated with AIT would be opened in Baku and other regions, and students could continue their education in AIT.13

8 The religious law signed by Elchibey changes. - http://musavat.com/news/elcibeyin-imzaladigi-dini- qanun-deyisdirilir_575910.html (in Azeri). 9 Madrasa is a Muslim educational institution that performs functions of a secondary general spiritual school. 10 Akhund is a spiritual person in Islam leading a religious community at a mosque. 11 Imam is a spiritual person in Islam who leads a prayer and exercises control over the mosque. 12 Deputy of BMC: "The imams and akhunds who are not appointed by us in mosques is filled people's minds with thoughts of Jihad.” - https://report.az/din/qmi-sedrinin-muavini-i-mam-ve-axund-teyin- edilmeyen-mescidlerde- insanlarin-beyni-cihad-fikirleri-il/ (in Azeri). 13 See: Azerbaijan Institute of Theology opened. - http://www.dqdk.gov.az/ru/view/news/8243/sostoyalos-otkritie-azerbaydjanskoqo-instituta-teoloqii (in Thus, the SCWRO permanently set aside the BMC and fully controlled a sphere of religious education in Azerbaijan.

State control through registration

According to the Constitution, Azerbaijan is a secular state (Article 6), with total separation of church and state (Article 19), the education system is secular, all religions are equal before the Law and freedom of belief is guaranteed (Article 37). In reality there is no any separation since the state could interfere in religious activities through the Law “On freedom of religion” and the SCWRO. Moreover, the procedure for registering religious associations is a prerequisite for carrying out religious activities. Religious organizations that were refused when attempting to register or deny to register based on their theological thoughts are considered “illegal” and may be subject to fines and other penalties. Islamic communities were in the most difficult situation. Following amendments in legislation in 2009, Islamic communities are obliged to be registered and get a permission from the BMC and then apply and get a registration at the SCWRO. However, many Islamic communities refused to get registration and approval at the BMC taking onto consideration that the BMC itself was registered at the SCWRO. At the beginning of 2009 there were more than 1,500 religious communities in Azerbaijan but only 534 were registered and among those there were 32 not Islamic ones. Following the series of amendments in the Law “On freedom of religion” it was decided to start a new registration of religious communities from September 1, 2009, including the ones who passed the procedures. At the beginning of 2010, 800 communities applied their documents for the registration. However, the authorities were in no hurry to register, primarily Sunni (Salafi and Nurchu14), also independent Shiite communities that refused to be dutiful to the BMC. It was a deliberate policy of the authorities. On December 27, 2016, at press-conference the Chairman of the SCWRO Mubariz Qurbanly solemnly noted: ”Among active religious communities in Azerbaijan there are neither Salafi nor Nurchu”.15 This policy of prohibition and pressure on the Salafi and Nurchu as well as Sufi communities continued in 2018. Registration rates were still very low. In 2018, only 86 Islamic communities were registered, 79 of them are Shiite and only 7 are Sunni. And among the registered Sunni communities there was not a single Salafi, Gulenist (Nurchu) or Sufi. Registration impediments arose in for non-Islamic religious communities. All these years, Protestant denominations (including Baptists, Seventh-day Adventists, and Pentecostals), as well as the Jehovah's Witnesses, could not register and constantly had

Russian); Islamic colleges will be state-owned, M. Gurbanly. - http://www.contact.az/ext/news/2018/9/free/Social/en/75392.htm 14 Nurchu – the supporters and followers of the Turkish preacher Fathullah Gulen. 15 SCWRO: Among the religious communities of Azerbaijan there are no registered Salafi, Nursi and other non-traditional communities. - https://www.trend.az/azerbaijan/society/2703148.html (in Russian).

problems in their activities. However, in 2018, certain positive moments occurred in this regard: in April, the Baku communities of the New Apostolic Church and the Protestant "Vineyard of Azerbaijan" were finally registered, as well as the Ganja community "Seventh Day Adventists". And at the end of the year in November, after many years of delays, the Jehovah's Witnesses Baku community was finally registered.

Closing worship places

Prior amendments to the legislations in 2009 many religious communities including non-Islamic ones could carry out their work even without registration. However, after 2009 the situation has drastically changed, and from now on the government exercises strict control over the communities checking the people and places where they conduct worship services. All religious communities must have state registration in order to function legally. In case when there is no such registration, the SCWRO staff together with the Ministry of Internal Affairs, the General Prosecutor’s Office and the State Security Service (SSS) carry out raids on the basis of the “Action Plan to Combat Religious Extremism” adopted on January 16, 2018, in search of unregistered communities. Having found such individuals, they drew up the protocols with regard to persons conducting services and that cases were brought to court, where in addition to administrative arrests, believers were also fined in the amount from 1,500 to 2,000 manats (respectively, from 790 to 1,050 Euros at the rate of 2018). These are significant amounts, especially for the province dwellers. On January 22, 2018, in the city of Shaki, believers of the unregistered community at Topqaraqach mosque tried to defend their mosque preventing the authorities from turning it into a museum. There was a clash with the police, the organizers were arrested. Moreover, four believers (Yunis Mustafayev, Nazim Sadigov, Sabir Lyatifov and Gazanfar Hajiyev) were sentenced to 30 days of administrative arrest, and nine people were fined.16 In January 2018, the SCWRO decided to take actions against the religious community. Pentecostal church “Star in the East” in the city of Ganja, which has already got registration (in 1993 and 2002) though after 2009 the community documents were not accepted by the SCWRO; however, it did not stop the believers continuing their worship. And then, the SCWRO decided to take actions: on January 28 during the worship service the police of the Nizami district of Ganja suddenly broke out and searched the apartment where there were 80 believers along with 30 children accompanied by their parents. Community leader Adalat Sariyev, as well as believers Rajab Musayev, Elkhan Hasanov and Tural Mammadov were detained but after providing evidences to the police they were sent home.17

16 Protesters against the closure of the mosque in Shaki punished. - https://www.azadliq.info/211898.html (in Azeri); Believers arrested in Shaki was fined 1,500 manats. - https://www.azadliq.info/213135.html (in Azeri). 17What did the Pentecostals do in Ganja? - https://az.sputniknews.ru/incidents/20180206/413926632/religiya-azerbajdzhan-zvezda-na-vostoke- pjatidesjatniki-protestantizm.html (in Russian).

On February 7, officers of the SCWRO, the SSS (State Security Service) and the police conducted a joint raid on a mosque in the village of Bina in the Khazar district of Baku, where the community believers that did not pass through registration, prayed under the leadership of Valeh Bashirov. The next day, the Khazar district court fined V. Bashirov.18 On February 22, officers of the SCWRO, the SSS and the police conducted a regular joint raid on the Imam Zeynalabdin mosque in the village of Buzovna, in Baku Khazar district, where Sunnis from the unregistered community also prayed. Community leader Farhad Ahmadov was brought to administrative responsibility and fined “for illegal religious propaganda and activities”.19 On April 22, employees of the above mentioned state structures, conducted another joint raid on the territory of the country house belonging to Rahman Rahmanly, and it was revealed, according to an official message, “a secret non-traditional prayer complex created by members of an unconventional religious sect, where minors were also attracted”. In fact, followers of the Turkish Sufi community Nakshbandiya gathered in the mosque. But since they did not have registration, obviously their activities were viewed as illegal, all religious literature “propagating discrimination” found in the mosque was confiscated, and community head Rahman Rahmanly was detained, and the SSS began investigation.20 On May 11, during the next raid, the SCWRO, the SSS and the police stopped and banned the worship of the Sunni community in the village of Bina in Baku Khazar district, the mosque was closed, and the administrative sanctions and fines were imposed on the head of the community and mosque Gulverdi Binyatov.21 And finally, on November 23, 2018, in the house of Elchin Huseynov, a regular raid by the SCWRO, the SSS and the police revealed “unregistered mosque and illegal religious activities” in the village of Novkhani near the city of Sumgayit. As in previous cases, the mosque was closed, the community activity was prohibited, administrative sanctions and fine were imposed on E. Huseynov.22

18Unauthorized Place of Prayers Found. - http://www.contact.az/ext/news/2018/2/free/politics%20news/en/68933.htm; Felix Corley. Azerbaijan: Raids on mosques, jailings, fines. - http://www.forum18.org/archive.php?article_id=2375 19 The fight against illegal religious propaganda is becoming tougher in Azerbaijan. – https://jam- news.net/в-азербайджане-ужесточается-борьба-с/?lang=ru (in Russian); Felix Corley. Azerbaijan: Raids on mosques, jailings, fines. 20See: Unconventional Religious Complex in Alat. - http://www.contact.az/ext/news/2018/4/free/Social/en/70822.htm 21See: Illegal religious meetings have been revealed in one of the settlements of Baku. – https://www.trend.az/azerbaijan/society/2901889.html (in Russian). 22See: Illegal religious activities stopped in the suburban village of Baku. – https://az.sputniknews.ru/incidents/20181123/418053526/novxani-sumgait-religija-nezakonnaja- dejatelnost.html (in Russian).

Control over registered mosques

Even holding the registration the religious establishments have problems with the authorities. Back in July 2010, the Cabinet of Ministers decided to install video surveillance systems in mosques, churches, synagogues and other places of pilgrimage and worship.23 This caused outrage among believers, especially Muslims, who feared that surveillance cameras were actually installed for spying them and would be used by the law enforcement agencies for subsequent repression of believers. There was even a debate in society and, as a result, the authorities abandoned that idea for a while. In 2016 the authorities revived the idea and the end of 2017 its implementation began. In spring 2018 it was declared that 230 video surveillance cameras were installed in 53 mosques across the country and in the city of Baku, and an installation work would be under way.24 Following this the Muslims got a new problem: the President Ilham Aliyev declared the year 2016 of “The Year of multiculturalism” in Azerbaijan and in this regard, on January 15, 2016, the authorities organized a solemn joint prayer (Arabic namaz) of Shiites and Sunnis in the Heydar mosque in Baku, calling it “namaz of unity”.25 This ostentatious propaganda event was not overall supported by believers, and as a result, the Azerbaijani Sunnis and Shiites continue to observe rites and traditions separately. In response, using the BMC, in 2017-2018 the authorities launched a campaign to unify many differences in the rites of Muslims in the country. In reality this meant that the Sunnis were imposed numerous demands on changing their traditions and rituals. In particular, the Sunnis were obliged to accept the Shiite calendar, and they should pray and celebrate certain religious holidays accordingly. This caused serious objections among the Sunnis; they considered these demands as discriminatory. But Sunnis were afraid that the authorities would not stop and would move from demands and persuasion to more serious forms of pressure, including arrests.26

Censorship of religious materials

According to the Constitution, citizens of Azerbaijan are guaranteed the right to freedom of speech (Article 47). Although censorship has been formally abolished since 1998. And, nevertheless, all these years there was a religious censorship, when the police regularly seized many books on Islam, including, also the Bible and books of

23 Video surveillance cameras were installed in crowded places in Azerbaijan. – https://news.day.az/society/218194.html (in Russian). 24 In Azerbaijan are increased the fight against illegal religious propaganda. – https://jam-news.net/в- азербайджане-ужесточается-борьба-с/?lang=ru (in Russian). 25 A prayer of unity has been performed In the Heydar mosque in Baku was performed a prayer of unity. – https://www.trend.az/azerbaijan/society/2481105.html (in Russian). 26 Felix Corley and John Kinahan. Azerbaijan: Religious freedom survey, November 2018. – http://www.forum18.org/archive.php?article_id=2429 other religious streams. In 2009, for the first time, it was released a list of religious books prohibited for distribution.27 Currently, censorship of religious books is carried out by the SCWRO. Its tasks include the examination of all religious literature (print and electronic publications), audio and video materials, goods and products for religious purposes and other information materials of religious content (Paragraph 7.8); regular checking of bookstores and other places that sale religious literature, and in case of detection of unauthorized publications, prosecute persons who violated the law and close the shops (Paragraph 7.10-1); strict control over religious information on the Internet (Paragraph 7.14). All this is carried out by a special Department of Religious Expertise (at the present time, the Head is Nahid Mammadov). In other words, from now on, all published (including on the Internet) or imported to Azerbaijan literature is subject to prior compulsory censorship. When the SCWRO authorizes to publish or import some work, it indicates how many copies can be manufactured or imported. Religious literature and other related materials should be sold and distributed strictly in specialized shops licensed by the SCWRO and local administration. All sold materials should have a sticker of the SCWRO. Individuals attempting to sell religious literature or materials without the sticker are usually fined and their products are confiscated. In March 2018, the report of the Cabinet of Ministers of Azerbaijan from 2017 stated that 142 citizens of the country were subject to actions for illegal religious propaganda. It was discovered and confiscated “145 compact discs, 356 brochures, 5,185 copies of religious literature, publication and import were carried out without the consent of the relevant executive authority”.28 Throughout 2018, the authorities continued to apply restrictions on the publication and import of religious literature. On January 17, the SCWRO officers, the BMC and the police conducted a sudden raid at the “Ansar” store that was selling religious literature in the Sabunchi district of Baku. As a result of the search, 400 uncensored religious books were confiscated. Then, the police report against the owner of the store Rugia Mehdiyeva was sent to the court under Article 516.02.2 of the Administrative Code. Based on this report, on February 1, the Sabunchu District Court fined R. Mehdiyev 2,000 manat (respectively 1,050 EUR at the rate of 2018).29 On January 28, the SCWRO banned the publication of the book “There is no in Islam” by the famous theologian Elshad Miri, in which the author reviewed the myths that exist in Islam and in the Quran (there is no child and temporary marriage, magic, etc.).30 Since prohibited by the SCWRO book publication concerned the famous and

27 См.: In Azerbaijan were identified the names of religious books banned for distribution. - http://www.vesti.az/news.php?id=3881 (in Russian). 28 In Azerbaijan are increased the fight against illegal religious propaganda. – https://jam-news.net/в- азербайджане-ужесточается-борьба-с/?lang=ru (in Russian). 29 Religious literature banned for sale was found in Baku. – http://novoye- vremya.com/w117779/.../#.XM18wrtR3IU (in Russian). 30 See: Elshad Miri responded to the accusations of SCWRO. - https://yenisabah.az/xeber-elsad-miri-dini- komit-nin-ittihamina-cavab-verdi (in Azeri); The State Committee banned the publication of Elshad Miri's book. - https://strateq.az/din/231711/elsad-mirinin-kitabinin-cap-olunmasina-qadaga-qoyuldu.html (in popular theologian in the country, it has caused a great public resonance that immediately attacked the SCWRO by means of modern technology. The author actively published videoclips on Youtube and organized the collection of signatures for lifting the ban on his book.31 In a meanwhile the theologian continued his struggle and found the ban on his book publication as violation of freedom of speech and censorship, and initiated the civil action against the SCWRO at the end of March. The trial against the SCWRO started on the 4th of April. During the trial it became known that the theologian had published his book in Turkey and managed to receive some parcel of published in Azerbaijan language books (Photo 1).

Photo 1. Theologian Elshad Miri with his banned book «There is no in Islam»

It caused indignation at the SCWRO and during the trial they demanded to arrest the theologian and expose him to criminal charges. At the beginning of June he got prohibition on leaving the country.32 As expected, at the end of September, the trial at the Baku Administrative and Economic Court No. 1, led by the Judge Aygun Abdullayeva, ended in favour of the SCWRO and the decision to ban E. Miri’s publication and distribution in the country remained in force. But the theologian was not going to surrender and filed a lawsuit with the Court of Appeal.33

Azeri); Felix Corley. Azerbaijan: State's theological review bans book on Islam.- http://www.forum18.org/archive.php?article_id=2351 31 See: To lift the ban on the book of Elshad Miri «There is no in Islam»! - https://www.change.org/p/chairman-scwra-gov-az-elşad-mirinin-islamda-yoxdur-adlı-kitabına-qoyulan- qadağa-aradan-qaldırılsın (in Azeri). 32 See: The State Committee demanded the arrest of Elshad Miri. - https://aia.az/21545-dini-komite-elshad-mirinin-hebsini-teleb-etdi.html (in Azeri). 33 Continuing the litigation in connection with the book «There is no in Islam». - - https://www.azadliq.org/a/islamda-yoxdur/29523787.html (in Azeri); Felix Corley. Azerbaijan: Heavy fines for selling unapproved literature. - http://www.forum18.org/archive.php?article_id=2411

At the same time the raids at book stores continued, religious literature was confiscated and the fines were imposed on store managers. The store names and owners were changed. In January 2019 the Head of the SCWRO Mubariz Qurbanly confirmed that among 1,704 considered religious books only 52 were confiscated and banned for distribution across the country. Besides, in 2018, 192 titles of religious literature were submitted for publications to the SCWRO and only 26 of them obtained authorization.34

Arrests and reprisals against believers

- «The Muslim Unity Movement»

Having obtained a wonderful theological education in Iran and Iraq theologian Tale Bagirzade (also known as Bagirov) returned to the country in 2011. In May the same year he was immediately arrested and sentenced to year and a half imprisonment. In December 2012, he was released and began traveling and preaching in different regions of the country. These sermons quickly became popular among the believers. The authority reaction was rather rapid: less than 4 months after his release T.Bagirzade was arrested again and sentenced to 2 years imprisonment (Photo 2).

Photo 1. Theologian Tale Bagirzade

During the imprisonment his supporters created “The Muslim Unity Movement” on January 13, 2015, and T.Bagirzade was elected as a Chairman of the MUM in absentia. On July 30, 2015, T. Bagirzade, having being released, called the Republic a “big prison”, bearing in mind the dare situation concerning the human rights and particularly freedom of religion. He pointed out that he would continue the struggle for the liberation of the activists, believers and secularists who remained in Azerbaijani prisons.

34 52 religious books are not allowed to the country. - http://www.contact.az/ext/news/2019/1/free/Social/az/78046.htm (in Azeri).

“I don’t want Shari’a law to be established in the country; I just want to end oppression and injustice,” the MUM leader repeatedly declared in many interviews. And then he pointed out on the MUM goals and tasks that in short sound as: • The Muslims have to adapt to the modern world and join their efforts with other social groups including secular ones. • New generation of religious activists is aware of situation in our region and entire world. They welcome human values. They want to end apartheid and ensure justice. They live and have the same problems as the whole society. Our main concern is the concern of society in whole e.g. fair elections. • Terrorist groups operating under Islamic slogans are enemies of Islam.35

Thereby, T. Bagirzade was a principal opponent of violence and violent actions, and constantly called on his supporters only for peaceful forms of expressing their disagreement with the authority policies. Taking onto consideration his great popularity and high credibility among believers and general public in Azerbaijan, the authorities could not tolerate this for a long time. When T. Bagirzade arrived to read the next sermon in the mosque in the village of Nardaran, on November 26, 2015, the armed police officers broke into the mosque and opened heavy fire. As a result 4 Nardaran residents were killed and 15 were injured. Two policemen were killed with friendly fire since the action was loosely prepared. T.Bagirzade along with 67 his supporters were arrested and accused in attempted coup d’etat “aimed at forcible alteration of Constitutional system and imposition of sharia”. On January 25, 2017, T.Bagirzade was sentenced to 20 years imprisonment and lengthy sentence had been imposed on other MUM members. In the trial, the theologian and his associates spoke of brutal torture during the arrest and investigation period. In the context of juridical process Tale Bagirzade stated: “I feel myself totally free under arrest. The main goal of our struggle is the accession of democracy, human rights, ensuring a free and prosperous life of people in the country. We want no one to be persecuted for their beliefs, recognition of equal freedom, peaceful assembly and expressions”.36 Even by having condemned T. Bagirzade and his supporters, the authorities did not stop the repression against all the other members of the MUM including their relatives. This policy continued in 2018. On February 3, two of the MUM activists Samir Babayev and Mahir Quliyev (the brother of the MUM member Abbas Quliyev, convicted to 14,5 years) were arrested for 60 days under administrative procedure.37 On October 4, 2017, the other MUM activist Revan Ismayilov was arrested for 30 days under administrative procedures and accused of disobedience to legal police claims. At trial, he told that he had been subjected to torture and brutal beatings in the police. After his release, he went to Russia, and on his return to Baku on February 26,

35 Interview with Haji Tale Bagirzade. - http://contact.az/docs/2015/Interview/081300126063az.htm#.VjIL4_krKhd (in Azeri). 36 The court leaves Tale Bagirzade in custody. - http://www.contact.az/ext/news/2016/5/free/Social/en/53688.htm 37 Two activists of the "Muslim Unity" arrested in administrative order. - http://www.contact.az/ext/news/2018/2/free/Social/en/68855.htm 2018, he was again arrested and sentenced to 30 days on charges of insubordination to the police and drug trafficking.38 Not only the MUM activists were persecuted but also those believers who sympathized or defended T. Bagirzade and his supporters, Therefore, in 2018, a videoclip with a song in support of Tale Bagirzade became popular in Azerbaijan, especially among believers. The author turned out to be the Azerbaijani believer Eldar Orujov who has been living in the capital of Russia. In response, the Azerbaijan authorities sent the request for his arrest and extradition to the Russian law enforcement authorities, accusing Orujov of involvement in terrorism, illegal arms trafficking, murder, robbery and forcible seizure of power! On the basis of this request, on August 28, E. Orujov was arrested in Moscow.39 However, following the protests and intervention of Russian human rights activists, the Azerbaijani believer was released. Acting, in 2015, as an Editor-in-Chief of the religious website www.azadxeber.az, the journalist Ilkin Mammadli covered the police brutality in Nardaran against believers. In retaliation, on December 1, 2015, he was abducted by unidentified individuals in civilian clothes and the next day he was sentenced to 22 days of administrative arrest on charges of disorderly conduct. On November 8, 2018, when the journalist applied for a passport allowing him to travel abroad, enforcement officers again detained him and took to the Chief Directorate for Combating Organized Crime of the MIA. Only after publication concerning his arrest in the media on November 10, the police released the journalist, saying that they did not have any complaints to him.40

- Repressions against believers in Nardaran

A village of Nardaran is located 40 km from Baku; in the village, there is a Mosque built in the VIIIth century, which is the most revered by Caucasus Shiites. Nardaran Residents are the most religious unlike other villagers on the Absheron Peninsula. In 2000, 2002 and 2006, villagers held peaceful protests demanding socio-economic changes. In June 2002, the police conducted a special operation in the village that resulted in the death of one civilian, and 28 people were injured. As a result, 23 people were arrested and sentenced to various terms of imprisonment with false accusations for charges of spying for Iran, for attempting a violent coup, etc. Since the police operation against T. Bagirzade and the MUM in November 2015, the Nardaran residents have had difficult times. In fact, the village has been in complete blockade; all roads to the village have been under strict police control, only local residents have been allowed to leave and enter the village. The police checkpoints inside the village have been installed, and moreover the local mosques have been under special control. Thereby, the access to the Nardaran mosques is in fact sharply restricted and it is a source of deep resentment for believers. The police periodically conduct raids

38 Religious Activist Held in MDCOC. - http://www.contact.az/ext/news/2018/2/free/Social/en/69509.htm 39Man Who Supported Tale Bagirzade Arrested in Moscow. - http://www.contact.az/ext/news/2018/8/free/politics%20news/en/74666.htm 40See: Azerbaijani journalist Ilkin Mammadli released from police. - https://www.kavkaz- uzel.eu/articles/327822/ (in Russian). and arrest local believers then convict them for 10-30 days of administrative detention; now, the standard charges are «police resistance" and "drug use”. Sometimes under torture they force believers to incriminate themselves for having “illegal firearms possession”. Predominantly mass arrests and detentions are carried out during the period of religious events. Thus, at the end of September and beginning of October 2018, at a regular religious ceremony, large police forces burst into the village and 10 residents were arrested, two of them were brought to criminal responsibility, and the rest had administrative punishments.41 Eventually the terrorized village residents stopped gathering together in the streets, not to provoke the police suspicion.

- “The Ganja case” and Muslim believers prosecution

In summer 2018, in city of Ganja, which is the second in Azerbaijan in terms of importance, there were events that had measurable impacts on believers status. On July 3, 2018, a citizen of Azerbaijan and Russia, Yunus Safarov opened fire on the Mayor of the city of Ganja Elmar Valiyev and his bodyguard, both were injured and Safarov was immediately arrested on the spot of crime. This has generated an unexpected reaction in society. Indeed, the arbitrariness and tyranny of E. Valiyev were well known and have long caused outrage among the residents of Ganja making them often complain to the President and other high-ranking officials about. However, the authorities hadn’t shown any reaction. And, now the news of the attempted assassination of E. Valiyev caused a real joy in society, which was rather surprising since it referred to the criminal offence. But society regarded Y. Safarov as a “people's avenger”, a kind of Azerbaijani Robin Hood and angrily condemned the police torture against him (Photo 3).

Photo 3. Yunis Safarov after being tortured in Police Headquarter in the city of Ganja

41 New arrests in the village of Nardaran. - http://www.contact.az/ext/news/2018/10/free/Social/en/75654.htm He was considered a hero, he was honoured in poems and songs that soon became very popular on social networks.42 The authorities were frankly confused and at first hurried to present that attempt as an ordinary crime. Then, in the media there was thrown a version of introducing Y. Safarov as an agent of the Russian special services whereas his mother was allegedly Armenian. But, having understood that those versions hadn’t been seriously considered, the authorities completely abandoned the speculative versions and, at the ends, on July 6, it was published in the press a joint statement of MIA, The General Prosecutor’s Office and the State Security Service concerning the committed crime by Y. Safarov that in reality was a pre-planned terrorist act. Moreover, while attempting to assassinate the Mayor of the city of Ganja, Y. Safarov allegedly sought to establish an Islamic State in Azerbaijan governed by Sharia law. For this purpose, he had been also planning to assassinate a number of well-known government officials with the aim of sowing chaos and panic in the country and eventually seize the power.43 This hastily issued by law enforcement agencies statement caused mistrust and outrage in society. Numerous denials and other versions of law enforcement actions in connection with the assassination of E. Valiyev appeared on social networks. And the MUM representatives who were at large rejected their connection with that attempt, as well as the fact that Y. Safarov allegedly was a member of the movement.44 In response, the authorities detained and convicted 20 people including the well-known journalist Afgan Sadigov, for various terms of administrative punishment on charges of “appealing and spreading provocative materials on social networks”.45 In the meantime, the situation continued to escalate and clashes with the police occurred in Ganja on July 10, as a consequence two high-ranking officers were killed. Only after that incident the President Ilham Aliyev made his speech calling the events a terrorist act organized by religious radicals.46 Following the presidential declaration the authorities throughout the Republic launched a hunt on Muslim believers, mostly from Ganja but also from other regions. In doing so the authorities took the gloves off and quite often instead of detaining believers they preferred to shoot them with the wording “killed while resisting”. Events developed at considerable pace: on July 13, a believer from Ganja Rashad Beyukkishiyev was killed in Shamkir district, on July 21, Anar Bagirov was shot dead in the village of Khojasan, in Baku Binagadi district. On July 25, a resident of Ganja Aga Sarkhani was also killed while allegedly providing armed resistance. And on July 28,

42See: https://www.youtube.com/watch?v=1Y0gCcqZVxE (in Azeri); https://www.youtube.com/watch?v=KwVfg3ICdJo&t=1s (in Azeri), etc. 43 See: Press service of the Prosecutor General's office, the Ministry of internal Affairs and the state security Service. - https://azertag.az/ru/xeber/1177598 (in Russian). 44 The Movement "Muslim Unity" declared its not involvement in the attempt on the life of E.Veliyev. - http://www.contact.az/ext/news/2018/7/free/Social/en/73396.htm 45 For provocative appeals 20 people are punished. - https://azvision.az/news/150418/texribatci-cagirislar- eden-20-nefer-cezalandirilib-siyahi.html (in Azeri). 46 Ilham Aliyev: events in Ganja were organized by religious radicals. - http://www.contact.az/ext/news/2018/7/free/politics%20news/en/73563.htm the State Security Service officers killed the fourth Ganja believer Fuad Samadov in the north-west of Azerbaijan in the town of Samukh. These killings were so demonstrative in nature that they led to many questions in society, and especially to human rights defenders. And since the killed Aga Sarkhani was a member of the MUM, the movement activists who remained at large made a statement that A. Sarkhani was indeed their co-member and actively participated in religious events. And this was indeed the reason for his murder: the authorities in every possible way want to give the religious connotation to the events in Ganja accusing the MUM of its involvement, and the security services simply shot A. Sarkhani and put a pistol into his hands (Photo 4).47

Photo 4. The killed believer Aga Sarkhani

But this did not stop the authorities. Shooting of believers and large-scale arrests continued. On August 10, the next Ganja believer, Muraz Rahimov, was killed in Sumgayit. He became the fifth victim. On August 28, in the Khachmaz district of the republic bordering with Russia, security forces shot and killed the sixth believer Nizami Najafov. At the end, on November 4, the State Security Service officers shot two believers, Famil Alakbarov and Rustam Rzayev, and a number of killed believers in Ganja reached 8 people. Also, in November, the authorities announced that due to the events in Ganja they arrested 77 people, and 13 others are in search. At the beginning of December, it was officially stated that the investigation against the first arrested group (22 people) on charges of riots on July 10, 2018 in Ganja was completed, and the case was brought to the court that should begin in 2019.48

47 "Muslim Unity" declares the innocence of its murdered member. - http://mail.contact.az/ext/news/2018/7/free/Social/en/73949.htm 48 See: Cases of the accused on the Ganja events are brought to court. - http://www.contact.az/ext/news/2018/12/free/Social/en/77108.htm

- Repressions against Nurchu (Gulenists)

Since the first day of the Independence representatives of various branches of Turkish Sunni Islam have conducted their activities without any serious problems in Azerbaijan. Among them, the supporters of Nurchu (Turkish, pl. Nurchular) were the most famous and popular, though they are more known as Gulyanchi or Gulenists, e.g., supporters of the theologian Fathullah Gulen, who emigrated in 1999 to the USA. New educational establishments (University “Caucasus” and the network of lyceums) as well as numerous business structures were opened in Azerbaijan. However, as soon as the relations between the Turkish leader Erdogan and F. Gulen deteriorated, serious problems arose and the Gulenists in Azerbaijan have started to be persecuted. In the period from 2014 to 2015, 11 lyceums have been shut down; arrests and dismissals of many supporters of Gulen among high-ranking officials have begun, including at that time the SCWRO Chairman Elshad Iskandarov. Many Turkish citizens were charged of having links with Gulen and deported from Azerbaijan to Turkey. Since 2017 the second wave of repressions and persecutions of Gulenists have been started, but this time instead of political activists it touched Turkish teachers. That year the teachers, Muaz Muharrem Menekshe, Taji Shenturk and Faruk Yildiz were arrested and transferred to the Turkish special services. They were accused of complicity with terrorism and connections with the disgraced preacher Gulen. Their immediate fates are unknown. In February 2018, Turkish citizen Aykhan Safaroglu teaching in Azerbaijan was arrested for the period of 40 days by the police. His spouse, an Azerbaijani citizen, Fidan Safaroglu, managed to find out that the arrest was based on a request from the Turkish law enforcement agencies that asked for her husband’s extradition due to his support of Gulen’s ideas. Fidan Safaroglu appealed to the Immigration authorities of Azerbaijan requesting political refugee status to her husband. The court ruled in favour of A. Safaroglu, released her husband at the court room; but he was taken out of the court building through the back door, pushed into the car of the Migration Service of Azerbaijan and taken to the airport, where he was forced aboard Turkish aircraft and sent to Istanbul. In reality Aykhan Safaroglu was kidnapped and extradited from Azerbaijan to Turkey. Later it became known that at the same time and exactly the same way his colleague by the name of Erdogan Taylan49 was secretly arrested and along with A. Safaroglu was illegally extradited to Turkey. In March, following the same pattern the authorities arrested Mustafa Jeyhan and extradited him to Turkey. At the beginning of July this perfectly checked pattern was applied again: the Ministry of Justice of Azerbaijan got a request from Turkey concerning extradition of the Turkish citizen Isa Ozdemir who had been living in Azerbaijan for more than 20 years. On July 12 he Baku Grave Crime Court released Isa Ozdemir at the court room. However, right after that he disappeared at the Court building and was found in Turkish jail. At the end of the year, on December 29, another

49 See: The prison for the school. - https://www.meydan.tv/ru/site/politics/28344/ (in Russian).

Lyceum teacher in Azerbaijan, Mehmet Gelen50 was arrested and extradited to Turkish law enforcement agency. Against this background in early July 2018, the information about the closure of Turkish lyceums “Istek" remained unnoticed. But after all it was about the closure of network of 12 Lyceums, 4 of which were in the capital, and the others were located in the country regions; the lyceums where more than 2,000 students received education. But after numerous arrests and persecutions of teachers, the fate of the Turkish lyceums in Azerbaijan has been determined.51

- Violations of Christian rights

Unlike Muslims and in comparison, with previous years, Christians have less problems. However, the problems still exist. This was particularly true for believers from the Jehovah's Witnesses community who did not participate in any elections, refused to respect National Anthem and national symbols (liable to criminal prosecution). According to St.John Gospel followers the Jehovah’s Witnesses members are not interfering in any racial, religious or political conflicts. It’s not acceptable for them to serve in the army even though their deny may lead to criminal prosecution and imprisonment. So, the alternative service has become crucial for these followers. They assumed that Azerbaijan upon accession to the Council of Europe had undertaken to enact a law on the alternative civil services in compliance with European standards. But up-today the authorities haven’t complied with their obligations finding excuses in prolonged Armenian-Azerbaijani conflict. Although, in fact, the approximate number of people who have reached recruitment age and refused to perform military service in favour of alternative is less than 100 in Azerbaijan, including those either in religious communities or pacifists in general. As a result, due to the withdrawal of military service the problems between believers and authorities have arisen. The authorities constantly judged the believers whereas the ECHR recognized the Jehovah’s Witnesses rights to conscientious objection to perform military service on religious ground. Presently the ESHR examines cases in respect of five members of the Jehovah’s Witnesses imprisoned in the period from 2007 to 2013. In 2017 the European court ended communications with the state authorities in this regard. In 2018 an upcoming case has drawn a great deal of attention. The 18-year-old newly recruited Emil Mehdiyev, a member of the Jehovah’s Witnesses, declared that he was ready for alternative civil services instead of military ones. Nevertheless, on July 6, 2018, the Barda District Court found E. Mehdiyev guilty, and he received a suspended

50 See: Another Turkish citizen kidnapped at the courtroom in Baku. - https://www.meydan.tv/ru/site/opinion/29623/ (in Russian); Turkish security arrested a supporter of Gulen in Azerbaijan. - https://news.rambler.ru/crime/41508287-turetskie-spetssluzhby-zaderzhali- storonnika-gyulena-v-azerbaydzhane/?updated (in Russian). 51Lyceums named "Istek» will be closed. - http://www.contact.az/ext/news/2018/7/free/Social/en/73502.htm year prison sentence. The believer objected the sentence but on October 8 the Ganja Appeal Court rejected his appeal. On December 10, 2018, E. Mehdiyev appealed against the judgment to the Baku Supreme Court. The date of the appeal hearing is postponed to 2019.52 Then, another similar “case” was at the center of attention: in May 2017, a 19-year-old Vahid Abilov, the Jehovah’s Witnesses believer was called up by the Agdam District Mobilization and Division Recruitment centre. On May 31 V. Abilov arrived to the Division Recruitment centre and submitted a written statement stating his objections to military service on grounds of his conscience (Photo 5).

Photo 5. Vahid Abilov

On January 10, 2018, he was called up again and he repeated his deny in a written form. In response, on July 9, 2018 he was issued the charges of evasion of military service. His case was transferred to the Agdam District Court. On September 6, 2018, the Agdam District Court in the village of Quzanly convicted V. Abilov to a year suspended imprisonment. On October 31, 2018, the Ganja Appeal court upheld the ruling of the lower court and confirmed the sentence. Even though V. Abilov is not imprisoned, however, every week he is obliged to report to the Criminal Police Unit. Also, he is forbidden to leave the country.53

52See: Azerbaijan. Criminal charge of conscientious objection. - https://alternativeservice.info/novosti/faktyi/azerbajdzhan-prestupnoe-obvinenie-v-otkaze-ot-voennoj- sluzhbyi-po-ubezhdeniyam-dalshe-xuzhe.html (in Russian); Felix Corley. Azerbaijan: Six years already, nearly six months more. – http://www.forum18.org/archive.php?article_id=2440 53 See: Conscientious Objector in Azerbaijan to Appeal to Supreme Court. - https://www.jw.org/en/news/jw/region/azerbaijan/supreme-court-appeal-conscientious-objector- 20181217/; Felix Corley. Azerbaijan: Six years already, nearly six months more. – http://www.forum18.org/archive.php?article_id=2440

In 2018 another case of the Jehovah’s Witnesses was drawn attention. Back to August 4, 2017, the Baku District court acknowledged the illegal arrest and 11 months imprisonment of Irina Zakharchenko and Valida Jabrayilova, both members of the Jehovah’s Witnesses community. The Baku court ruled to award them monetary compensations. However, the authorities from the Finance Ministry objected that decision and filled the cassation appeal before the Supreme Court. On April 16, 2018, the Supreme Court of Azerbaijan approved the lower court decision concerning the monetary compensation to I. Zakharchenko in amount of 9,744 Manat (5,133 Euro) and to V. Jabrayilova in amount of 8, 200 Manat (4,319 Euro) for unlawful arrest and tortures in jail. But two believers’ litigation with the Ministry of Finance that started in 2018 has not been concluded up to now.54 And yet, today the European Court on Human Rights is to examine another 18 requests of the Azerbaijani Jehovah’s Witnesses members, and another 11 complains are submitted to the UN Human Rights Committee Finally, in December 2018 it became known about dismissal of Rahim Akhundov from the post of the Head of International Relation Department at the Azerbaijan Parliament (Azer. Milli Majlis) (Photo 6).

Photo 6. Rahim Akhundov

The reason of his dismissal he mentioned on his Facebook page: fired for conversion to Christianity (Photo 7).55

54See: Azerbaijan Court Compensates Irina Zakharchenko and Valida Jabrayilova. - https://www.jw.org/en/news/legal/by-region/azerbaijan/baku-court-compensation-for-two-jehovahs- witnesses/; Azerbaijan Supreme Court Upholds Compensation for Irina Zakharchenko and Valida Jabrayilova. - https://www.jw.org/en/news/legal/by-region/azerbaijan/court-upholds-compensation- 20180508/ 55 See: It is reported about the dismissal of the head of the Department of Parliament for the change of faith. - https://www.meydan.tv/az/site/news/31934/ (in Azeri).

Photo 7. R.Ahundov’s text concerning his dismissal on his Facebook page

Trials of believers

- “Nardaran cases” and trials of MUM

In connections with the Nardaran events in November 2015 there were three trials in 2017. On January 25, 2017, Taleh Bagirzade was sentenced to the long term in prison, and his supporters were also convicted on December 6. The theologian Zulfuqar Mikayilov along with 11 believers were sentenced on the same date. At the end of the year 2017, on December 28, one of the MUM leaders Elchin Gasymov and 11 others were also sentenced. Thus, 42 believers in connection with the Nardaran events were convicted. But fear and hatred of authorities in front of Taleh Bagirzade and his supporters made them to continue prosecutions and repressions even after those arrests. At the end of December 2017, a new criminal case against imprisoned T.Bagirzade was opened under the article 317-2.1 of the Criminal Code of Azerbaijan. According to the investigation during the inspection in Gobustan prison on July 31, 2017, in T. Bagirzade’s cell there were found 7 micro CD memory cards with registered audio Koran text, comments and religious music. Even though the expertise did not find any forbidden by Law information, on February 3, 2018, T. Bagirzade was convicted for another 5 months.56 At the end of February 2018, the cassation proceedings concerning the appeal of T.Bagirzade and 9 others convicted on Nardaran case started. Their lawyers stated that the defendants have been tortured during the pre-trial investigation period as well as at the time of trial process! Besides, the law enforcement called the believers “terrorists” and “criminals”, which considered violation of the convicted people rights.

56 See: Garadagh District Court found T. Bagirov guilty. - http://www.ipdthinktank.org/Taleh_Bagirov_eng.html Nevertheless, on March 1, the Supreme Court of the Republic with the presiding judge Shahin Yusifov, rejected the cassation of the convicted believers.57 At the same time it was a trial on the MUM coordinator Ahsan Nuruzade who actively participated in all hearings against believers, helped the families of convicted, wrote critical posts against authorities on social media sites. In revenge, the police forces caught him on the street, brought to the police department where he was beaten and demanded to stop his activities. The last time A. Nuruzade was detained on October 6, 2017, when he published an appeal to the public to join the meeting of secular opposition on his Facebook page! He was beaten again at the police quarter and then arrested for illegal drug distribution. On March 6, 2018, A. Nuruzade was convicted and sentenced to 7 years imprisonment. On August 8, 2018, the Baku Appeal Court upheld the original decision.58 Detained for the period of 60 days of administrative arrest the MUM activist Samir Babayev filed an appeal on February 3, 2018. He had rejected the accusation alleging that the real reason of his arrest was his MUM membership and support of Taleh Bagirzade. But the Baku Appeal Court did not accept his complain and the activist had been detained.59 The theologian Zulfuqar Mikayilov was convicted in relation to the so called “Nardaran case-3” on December 6, 2017, but in April the trials resumed. The point is that instead of imprisonment at the strict-regime colony, the convicted theologian was a subject to a special regime60 according to the judgment document written on December 22, 2017. On April 7, the Court of First Instance set aside the decision accepting the defence arguments and Z. Mikayilov was placed under a special regime. However, 10 days later, on April 17, The Baku Appeal Court toughened conditions of imprisonment from “Strict” to “Special”. Though the Court upheld the first issued sentence concerning the other convicted on “Nardaran-3” inmates. However, the defence argued that decision, and on November 16, 2018, there were cassation proceedings concerning the believers’ complains. Therefore, the convicted prisoners did not take part in the trial, they were represented by their lawyers. After a short trial the Court dismissed the complains. The lawyers declared their intentions to submit the case to ECRH.61

57 Supreme Court Rejects Complaints of Convicts on Nardaran Case-1. - http://www.contact.az/ext/news/2018/3/free/Social/en/69546.htm 58 See: Baku Grave Crimes Court pronounced the verdict for Ahsan Nuruzade. - http://www.ipdthinktank.org/Ahsan_Nuruzade_eng.html; Religious activist sentenced to seven years of imprisonment. - http://www.contact.az/ext/news/2018/3/free/Social/en/69684.htm; Court of Appeal left Ahsan Nuruzade in custody. - http://www.contact.az/ext/news/2018/8/free/Social/en/74167.htm 59 See: Court of Appeal Leaves Religious Activist in Custody. - http://www.contact.az/ext/news/2018/2/free/Social/en/69216.htm 60 See: Baku Grave Court "resolved ambiguities" in a sentence on the so-called case of "Nardaran-3". - http://www.ipdthinktank.org/Nardaran_3_dop_eng.html 61 See: The court removed the violation of Zulfuqar Mikayilov's rights. - http://www.contact.az/ext/news/2018/4/free/Social/en/70410.htm; The Court of Appeal tightened the punishment for the Nardaran case figurant. - http://www.contact.az/ext/news/2018/4/free/Social/en/70664.htm; The Supreme Court upheld the verdict on the "Nardaran case-3". - http://www.contact.az/ext/news/2018/11/free/Social/en/76722.htm A trial concerning one of the MUM founder Elkhan Iskandarov and the movement activist Abulfaz Bunyadov, the journalist of web portal www.islamazeri.az, took place in summer. They were accused in arm possession, terrorism, coup d’etat preparation, as well as some other law violations. Herewith, the police operation in Nardaran carried out on November 26, 2015, happened to be in the house of A. Bunyadov where Taleh Bagirzade along with other believers had been saying prayers. As a result of the police open heavy gunfire A. Bunyadov was wounded. These wounds became a cause of his complete paralysis, and ever since he had been bedridden. On August 17, 2017, the trial started but was repeatedly postponed due to A. Bunyadov’s immobility and impossibility to appear in front of the judge. Half a year later, on February 20, 2018, the trail resumed, and A. Bunyadov was brought in on stretchers. On July 11, 2018, the Baku Criminal Court sentenced E. Iskandarov to 14 years imprisonment, and A. Bunyadov was sentenced to 15 years. Right after upon sentencing A. Bunyadov was transferred to the Gobustan prison where he was to spend the first three years of punishment (Photo 8-9).62

Photo 8.The paralyzed Abulfaz Bunyadov delivered to the court

62 See: The Grave Crimes Court sentenced paralyzed Abulfaz Bunyadov to 15 years of imprisonment. - http://www.ipdthinktank.org/Bunyadov_Iskenderov_eng.html

Photo 9. The paralyzed Abulfaz Bunyadov on the stretchers on the court floor

Finally in autumn 2018 the Court tightened up the conditions to the convicted MUM activist Jahad Balakishizade. He was arrested in the course of the police special operation in Nardaran in November 2015, when he was just 18 years old. On July 17, 2017, he was sentenced to 14,5 years imprisonment along with T. Bagirzade. During his detention he was constantly subjected to tortures; but it seemed not enough and in autumn 2018 the court sentenced him to transfer to the Gobustan prison for the period of 3 years.63 On October 1, the Baku Appeal Court confirmed that decision.

- “Ganja case” trials

In October 2017 during the religious ceremony Ashura64 the MUM activist Firudin Zeynalov and six other believers were arrested after clashing with the police at “Imamzade” sanctuary in Ganja. At the end of July 2018, the imprisoned F. Zeynalov along with other believers were additionally charged under 8 serious Articles of Criminal Code including terrorism. The trial started in October, and on November 1, 2018, the Ganja Court sentenced F. Zeynalov to 3 years imprisonment, and 6 others to a year and 4 months.65

- Trials against other Muslim believers

In 2018 there were trials against other Muslim believers. At the beginning the attention was drawn to the trial of famous Shiite theologian Sardar Babayev. Having

63Religious Activist Faces Toughened Detention Conditions. - http://www.contact.az/ext/news/2018/10/free/Social/en/75459.htm 64 Ashura is a mourning religious ceremony for Shiites when commemoration of Shiite martyrs. 65Seven Religious Activists Sentenced in Ganja. - http://www.contact.az/ext/news/2018/11/free/Social/en/76336.htm obtained the religious education in Iran he read sermons and led prayers in the mosque of the city Masally. However, the authorities considered his activities illegal since he obtained his education abroad, and on July 3, 2017, he was sentenced to 3 years imprisonment. It should be noted that S. Babayev obtained his education prior the recent legislative amendments to the Law, so the theologian logged an appeal in cassation, and at the end of January 2018 the court initiated juridical proceedings. However, on February 13, 2018, the Supreme Court dismissed Sardar Babayev’s appeal in cassation and upheld the previous sentence. According to his lawyer Javad Javadov the defence is going to submit the case to the ESHR.66 At the end of September 2018, it was opened a new case against religious activist Telman Shiraliyev. He was sentenced to 6 years imprisonment after having taken part in believers protest in front of the Ministry of Education building on October 5, 2012. In autumn 2018 he refused to write a request for pardon addressed to the President. In retaliation, the prison authorities “found” a shank under his pillow just a week prior his liberation, and a new case under the article 317-2.1 of the Criminal Code of Azerbaijan (manufacturing, possession of illegal objects on the territory of prison or correctional facilities) was brought. On December 20, 2018, T. Shiraliyev was sentenced to 5 months and 18 days imprisonment.67

- Criminal cases and lawsuits against believers who fought in Syria

The stormy events of 2018 left unnoticed constantly received information about radical believers who went to war in the Middle East and about the processes against them. Meanwhile, for the first time in 2017 and mostly in 2018, the figures of radical believers from Azerbaijan participating in the hostilities abroad provided the possibility for exact scale estimation of this phenomenon that became public. According to the SSS and SCWRO authorities announcements in 2018, for the period after 2012 it was about 300 Azerbaijani citizens who left to Afghanistan and Pakistan, whereas to Syria it acceded 1000 people. Among them 300 people from Azerbaijan were killed during military actions. 109 radical believers were brought to justice on criminal charges, and 310 were derived of their Azerbaijani citizenship. Moreover, there is information that more than 300 women and children are still on the territories of Syria and Iran. However, 20 children and a few women were managed to return to Azerbaijan. 10 Azerbaijani women were captured during the military fight in Iraqi town of Telafer and in 2018, they were sentenced to life imprisonment in Iraq. On February 26, 2018, Hasrat Aliyev who participated in military actions in Syria was brought to the court. In 2013 he went to Syria but in a matter of few months he returned to Azerbaijan where he was arrested along with Emil Nasrullayev, Elshad

66 Supreme Court Leaves Theologian in Custody. - http://www.contact.az/ext/news/2018/2/free/Social/en/69085.htm 67 Another Political Prisoner Facing New Charge at End of His Term. - http://www.contact.az/ext/news/2018/10/free/Social/en/76013.htm; Religious activist convicted again for political reasons. - http://www.contact.az/ext/news/2018/12/free/Social/en/77559.htm

Dadashov, Zaur Eynalov and other radically religious people participating in Syrian military actions. On March 13, 2018, H. Aliyev was sentenced to 9 years imprisonment.68 The other cases are still proceeding.

Religious political prisoners

According to the human rights defenders, on December 10, 2017, there are 161 political prisoners in Azerbaijan and among them 90 people (56% from the total number) are believers. If to add to them 10 political prisoners who became victims of the MNS crime and were convicted as representatives of so-called “Said Dadashbeyli religious group” then it turns out that there are 100 people on the list of political prisoners at the end of 2017, which is 62% of the total number.69 On April 5, 2018, the believers who took part in a protest rally in Baku on October 5, 2012, demanding to lift the ban on wearing hijab70 in secondary schools, were released from the prison. They are former political prisoners Tarlan Agadadashov, Rovshan Allahverdiyev and Ilham Hatamov. On May 24, 2018, in accordance with instructions issued by the President I. Aliyev, 634 people were pardoned and released. Among them 12 political prisoners, 10 of which are believers. Two of those are Davud Karimov and Elshad Rzayev who participated in protest against the ben of wearing hijab on October 5, 2012. Their sentences should come to the end in another 5 months. Another convicted for the protests in May, 2012. Valeh Abdullayev, who was arrested together with a group of the believers, was released. This group was against organization of “Eurovision” in Baku. Moreover, the convicted for illegal arm possession in connection of Nardaran events were also released. Their names are Aliaga Gasymov, Alakbar Qurbanov, Hilal Jabbarov, Muhammad Quliyev, Nadir Babayev, Fail Shahbazov and Natiq Shahbazov. And finally, on June 4, 2018, another believer and activist of the MUM, Motabar Babayev who was on the list of political prisoners of Azerbaijan was also released. A year later after all above mentioned events, there were 149 political prisoners in the country by November 29, 2018. Among them 77 believers (about 52% from the total number). Considering the ones who continued to be imprisoned such as “Said Dadashbeyli group” (10 people), there are 87 political prisoners on the list created by the end of 2018, it is 58% from the total number.71

68 In Syria and Iraq, 300 Azerbaijanis were killed. - http://www.contact.az/ext/news/2018/1/free/Social/en/68668.htm, etc. 69 See: List of political prisoners on 10 December 2017. – http://www.ipdthinktank.org/List%20of%20prisoners%2010%20DECEMBER%202017.pdf (in Russian). 70 Hijab – Islamic women’s headscarf and wide clothing that hides the figure, wrists and neck women. 71 See: List of political prisoners on 29 November 2018. – http://www.ipdthinktank.org/PP29November2018eng.pdf

CONCLUSION

An analysis of religious situation in Azerbaijan in 2018 showed that the authorities policy in this field remained unchanged. The role of SCWRO as a state institution, which took financial control over the activities of Islamic clerics in mosques, was further strengthen and enhanced. Henceforth, the clergy as public servants will receive wages. At the same time, in 2018, the SCWRO finally pushed aside the CBM and took full control of the sphere of religious education in Azerbaijan. Simultaneously, the SCWRO continued the campaign of harsh persecution of independent religious communities, particularly the Islamic ones that did not go through registration and thus were identified illegal; on this basis the repression campaigns were conducted in case if they tried to carry out their activities. Though, the last year was rather positive for a number of Christian Communities that had been unable to go through the registration and legally carry out their activities in the previous years. However, the Jehovah's Witnesses representatives had problems in connection with the refusal of military service, some of the adepts were convicted and their cases are now considered by the ECHR. Throughout the year, it was received the information concerning raids and the closure of illegal places of worship, censorship and confiscation of religious literature. In this regard the utmost attention was focused on the trial of the Islamic theologian Elshad Miri with the SCWRO that prohibited the publication and distribution of his book. Most of attention during the last year was drawn to the numerous incidents of repression against Islamic believers. Arrests and trials of the well-known theologian Tale Bagirzade and other believers from the MUM (Muslim Unity Movement) and Nardaran were constantly occurred. After the assassination attempt in Ganja in July, a new wave of repressions occurred across the country and as a result 8 believers were killed by law enforcement officers, more than 100 people were arrested or eluded men- hunt. As a result, at the end of the year 2018, 87 people or 58% of the total number were on the list of political prisoners in Azerbaijan. All this was well known outside the country and more than once was reflected in the statements of international human rights organizations and state institutions. Back in 2013, for the first time the United States Commission on International Religious Freedom (USCIRF) placed Azerbaijan in the 2nd category because of violations of religious freedom or assumption of such violations in accordance with one of the following criteria: “systematic violation”, “continuous violation” "comprehensive violation”. Taking into account the occurrence of at least one of these violations the country is placed in the category “country of particular concern” (СРС) under the International Religious Freedom Act (IRFA).This assessment of a legitimate international organization on the situation in the religious sphere of Azerbaijan has remained unchanged since that time what was recently confirmed once again: in its report for 2018, Azerbaijan, for the sixth consecutive year, was listed in the 2nd category of countries violated religious creeds.72

72 See: Religious Freedom Conditions 2018. Azerbaijan Chapter. – https://www.uscirf.gov/sites/default/files/Tier2_AZERBAIJAN_2019.pdf