Elections; Freedom of Expression and the Media
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HONORARY CHAIRMAN ADVISORY BOARD (CHAIR) PRESIDENT Yuri Orlov Karl von Schwarzenberg Ludmilla Alexeyeva EXECUTIVE DIRECTOR EXECUTIVE COMMITTEE VICE PRESIDENT Aaron Rhodes Sonja Biserko Ulrich Fischer DEPUTY EXECUTIVE DIRECTOR Holly Cartner TREASURER Brigitte Dufour Bjørn Engesland Stein-Ivar Aarsæther Krassimir Kanev Andrzej Rzeplinski Wickenburgg. 14/7, A-1080 Vienna, Austria; Tel +43-1-408 88 22; Fax 408 88 22-50 e-mail: offic [email protected] – internet: http://www.ihf-hr.org Bank account: Bank Austria Creditanstalt, 0221-00283/00, BLZ 12 000 ANNUAL REPORT 1999 Azerbaijan IHF Focus: Elections; freedom of expression and the media; freedom of association; peaceful assembly; judicial system and independence of judiciary; torture and ill-treatment by law-enforcement officials; human rights defenders. Despite some positive developments in 1998 – such as the abolition of censorship - Azerbaijan’s human rights record fell short of a great number of requirements set up by the ICCPR, ECHR and other international instruments. Numerous individuals were illegally arrested and detained, and the right to association was violated. Opposition parties were not registered, their supporters were put under pressure and insulted, both verbally and physically, and their complaints to courts and the Public Prosecutor’s Offices remained unanswered. Interference in privacy was commonplace. In September the presidential elections were the focus of human rights organizations. The election process, as well as its aftermath, reflected the state of Azerbaijan’s human rights record. Although conceding a significant improvement in the election practice of the country, the OSCE/ODIHR Election Observation Mission stated in its report that "the overall election process fell short of meeting OSCE commitments and international standards." [1] Events prior to, during, and following the elections confirmed that one of the main problems in Azerbaijan was the treatment of the political opposition. While the existing laws gave citizens the freedom of political activity, illegal pressure on political opposition had become a regular practice. Political figures were arrested, and legal proceedings against them showed the limits of the opportunities for free political activity. For example, Abulfaz Elchibey, chairman of the Popular Front and former president of Azerbaijan, faced politically motivated charges, and hundreds of members of his party were arrested based on false accusations. [2] Elections Presidential Elections The IHF has consultative status with the United Nations and the Council of Europe. MEMBER AND COOPERATING* COMMITTEES IN: Albania – Austria – Azerbaijan - Belarus – Bosnia-Herzegovina – Bulgaria – Canada – Croatia – Czech Republic – Denmark – Finland – France – Georgia* Germany – Greece – Hungary – Italy – Kazakhstan – Kosovo – Kyrgyzstan – Latvia – Lithuania – Macedonia – Moldova – Montenegro – The Netherlands Norway – Poland – Romania – Russia – Serbia – Slovakia – Slovenia – Sweden – Switzerland – Ukraine* – United Kingdom – United States – Uzbekistan* COOPERATING ORGANIZA TIONS: The European Roma Rights Center – Human Rights Without Frontiers – Mental Disability Advocacy Center Presidential elections were held on 11 October. Shortly before, in June and July, new electoral legislation was passed in its third and final reading. The opposition, international organizations, and human rights activists criticized the law. According to the OSCE, many amendments had been made to the original draft. The opposition still held it to be undemocratic, pointing, for example, to a provision for deploying police and security officials at polling stations.[3] On 11 October incumbent president Heidar Aliev was reelected with 76.11 percent of the vote. His closest rival, Etibar Mamedov, received 11.6 percent, and Independent Azerbaijan Party chairman Nizami Suleymanov received 8.6 percent. [4] Azerbaijan’s main opposition parties boycotted the election on grounds of non- democratic election legislation. In addition, the government refused to permit equitable representation of opposition parties in the Central Electoral Commission. The defeated presidential candidates, the oppositionist boycotters, the US based National Democratic Institute (NDI), and the OSCE/ODIHR mission challenged the outcome and expressed deep concern about election fraud. According to the NDI, "it is very disturbing that the violations […including ballot box stuffing and intimidation of voters…] appeared to be systematic and that almost all were committed in favor of Aliev." [5] The OSCE/ODIHR Election Observation Mission stated that the implementation of the July election law violated international standards for a genuine election competition. It criticized the implementation of outdated and deficient legislation, as well as administrative obstacles, and a compromised respect for the basic human rights provided by the constitution, such as freedom of assembly, freedom of association and the right to legal protection. It also noted that, in a number of polling stations, serious irregularities were observed, including ballot stuffing. It pointed out that there was no clear separation between the state and political parties, with public authorities often openly supporting the incumbent president.[6] OSCE/ODIHR concluded that "the overall legal and administrative framework governing the election process fell short of meeting the international standards for a genuine election competition."[7] The Azerbaijani Supreme Court rejected a suit by defeated candidate Etibar Mamedov, who accused Aliev of irregularities in the presidential elections. [8] Freedom of Expression and the Media [9] Freedom of Expression and Access to Information On 6 August, President Heydar Aliyev officially abolished censorship. The responsibility to protect national secrets and grant access to information was placed at the discretion of ministries and other state bodies, as stipulated by the Law On Information, Informatization and Protection of Information, proposed by President Aliyev and adopted on 3 April. In December, a presidential decree was issued on state secrets. Until then, the 1997 Law On State Secrets regulated access to information. The Human Rights Center of Azerbaijan expressed fear that this transfer of responsibility might restrict access to information. Even before that, it was impossible for most journalists to obtain official information from authorities. For example, following 12 September demonstrations [10], government physicians refused to disclose information about the number of demonstrators injured. Information which, by law, should no longer be regarded as secret included data on disasters, ecology, public health, education, culture, agriculture, criminality, privileges, human rights violations, health conditions of high officials, and abuses by high officials. Much of this information had formerly been subject to state censorship. Azerbaijani legislation provided for both civil and criminal prosecution for libel of public officials, on the basis of article 7 of the civil code and articles 121.122 of the criminal code. Numerous libel charges were brought against political critics. - Opposition leader and former president Abulfaz Elchibey was charged with insulting the president, following his November statement alleging a relationship between President Aliev and the Kurdish Worker's Party (PKK). Since 23 November, Elchibey was subjected to numerous interrogations at the Prosecutor's Office and barred from leaving Baku. The trial against Elchibey began on 25 January 1999, but the charges were dropped on 12 February. The opposition considered the case to be based solely on political motives, aimed at putting them under pressure. Aftermath of the Elections Following the elections, members of the opposition, demonstrating against the official recognition of the election results, fell victim to harassment and intimidation by the police. - On 7 November police clashed with thousands of demonstrators. Most represented the Azerbaijan National Independence Party (ANIP), and were demanding the "liquidation of the results of the false election." Police brutally beat the demonstrators.[11] In February 1999, a suspended prison sentence was handed down to seven ANIP members who had participated in the demonstration: Fuzuli Abdullayev, E'tibar Aliyev, Rovshan Aliyev, Tofiq Bayramov, Elxan Huseynov, Tariel Salmanov, and Sardar Suleymanov. [12] - On 8 November the police did not disperse an opposition meeting but, a few days later, arrested 15 members of National Democratic Party of Azerbaijan (AMDP). They were first accused of insulting the dignity of the president (article 188.6 of the criminal code), later of causing public disorder (article 188.3). On 17 February 1999, two of the defendants - Adalat Mammedov ( also accused of illegal possession of weapons) and Qalandar Muxtarli (AMDP secretary general).[13] Freedom of the Media The Azerbaijani government continued to exert control over the media even after official censorship was lifted.[14] Authorities intimidated and threatened journalists, banned the printing of some newspapers, and restricted access to information.[15] Following the re-election of Heidar Aliyev on 11 October, pressure against journalists and newspapers increased. On 8 January the Ministry of Press and Information temporary suspended the operation of about 140 media outlets, at the demand of the Minister of Justice, Sudaba Hasanova, citing new licensing regulations. - Re-transmission of