HONORARY CHAIRMAN ADVISORY BOARD (CHAIR) PRESIDENT 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 - ’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 , 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 – – Serbia – Slovakia – Slovenia – Sweden – Switzerland – * – 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 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 . 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 Radio Free Europe was temporarily suspended on 20 April. Following international protests, it could resume transmitting on 4 May. [16]

In February alone the Ministry for Press and Information revoked the registration of 16 newspapers, seven magazines, two news agencies and one television/radio station, because of their "inactivity."

On 16 April 1998, the government adopted the regulations on licensing the publishing activity and TV and radio programs. These regulations violated some articles of the Law On the Media, and required extreme taxes for the operation of radio and television stations. In February, customs fees for newspapers and magazines were increased 15 percent for those coming from the CIS and 35 percent for those coming from other countries.

Following the 10 November decision of the parliament to enforce the country’s defamation laws, numerous civil and criminal libel suits were brought by authorities and the family of the president against opposition newspapers, threatening their existence.[17] The fines were often more than a hundred times the average monthly salary in Azerbaijan, and could not be appealed successfully in any Azerbaijani court. Peaceful protest actions organized by editors and journalists resulted in beatings by authorities.[18]

- On 14 December a US$125,000 fine was imposed on Azadlyg for publishing news alleging that President Aliev’s family had purchased expensive real estate in the UK.

- On 15 December Azadlyg and Yeni Musavat were each fined US$150,000 for having insulted the honor and dignity of President Aliev by publishing former President Elchibey's allegation that Aliev played a role in the creation of the Kurdistan Workers Party (PKK). [19]

On 18 November editors of independent newspapers joined a hunger strike, launched six days earlier, by the editor of Yeni Musavat. The editors protested against the charges brought against Yeni Musvavat and other papers for insulting the honor and dignity of President Aliev. The strikers said that the charges were clearly politically motivated, with the intention to "strangle the independent press." Prosecutor General Hasanov reportedly reminded the editors that President Aliev personally controlled the right of Azerbaijani citizens to free speech and freedom of the media.[20]

Harassment of Journalists

Police continued to harass and beat journalists. In the first quarter of 1998, the Committee to Protect Journalists recorded 80 cases of violations of journalists' rights. Towards the end of 1998, harassment intensified.

Journalists were frequently beaten by the police, and arrested while carrying out their duties (e.g., reporting on demonstrations and pickets). Editors-in-chief were summoned to police stations, ministries, and the Prosecutor’s Office, and questioned about what they had written. Cameras were confiscated and film exposed. Vendors of opposition papers were beaten, editorial offices searched and damaged, and articles confiscated.

On 27 February police unlawfully confiscated an issue of the independent magazine Monitor, which was published outside Azerbaijan and therefore not subject to censorship. Baku city police said the action was carried out in order to "prevent the destabilization of society." It later faced charges for reporting on torture.[21]

- On 18 June, Fuad Qahramanli working with Chag was arrested. On 27 November he was sentenced to 18 months in prison for an article that was never published but interpreted by authorities to be a public appeal for committing crimes against the state (article 63.1 of the criminal code).

- On 30 September two sisters on the staff of the opposition newspaper Yeni Musavat were attacked and beaten at a Baku . Earlier, the paper had received numerous threatening telephone calls. The day before the beating, the newspaper had published an article criticizing officers of the Ministry of the Interior.[22]

- Article 19 reported that journalists were beaten by police on numerous occasions, for example during 7 November clashes between police and demonstrators.[23]

- On 16 November police violently dispersed a picket of journalists in front of the Supreme Court in Baku. At least four journalists were injured. The journalists were protesting a suit brought by the presidential administration against the newspaper Yeni Musavat, which had accused the head of the presidential administration, Mekhtiyev, of having relations with the .[24]

Freedom of Association [25]

The constitution provided that all citizens "shall have the right to participate without hindrance in the political life of the society and the state" (article 54). However, the Minister of Justice denied the registration of several opposition political parties, with questionable motives.[26] The Democratic Party of Azerbaijan (ADP) and the Vahdat (Unity), for example, were not registered. The Supreme Court had twice ordered the Ministry of Justice to register the ADP, both times in vain. On 15 August, members of the Vahdat party tried to picket the ministry, but were arrested by police.

The adoption of the new draft law On Non-Governmental Organizations, prepared by foreign experts in the autumn of 1997, was still being blocked by the parliament as of the end of 1998.

A number of human rights NGOs were also operating without authorization. [27]

Peaceful Assembly

The Azerbaijani Constitution provided for the freedom of assembly (article 49). On 15 August, the first opposition rally was officially permitted since the declaration of state of emergency in April 1993.

- On 15 August some 3,500 (official figure) to 20,000 (opposition estimate) supporters of the opposition gathered at the motorcycle racing track "Motodrom," in a Baku suburb. Although the rally was legal, police hindered participants from reaching the rally, and arrested 94 (officially) to 375 people for a short time. Some were placed in administrative detention for several days. In addition, some were also detained for attempting to picket administrative buildings in Baku. The same day, opposition meetings were held also in the provinces. In some regions, the authorities permitted them, in others, they were prevented by the police.

After the state of emergency was abolished, the main obstacle for holding public assemblies was the position of local authorities who, on the basis of 1988 regulations, were responsible for authorizing public meetings, demonstrations, rallies etc. Baku administrations generally did not allow any unofficial meetings or pickets, and punished participants. In some regions outside the capital, however, individuals protesting economic abuses were allowed to hold peaceful assemblies even without authorization.

During the pre-election campaign and following the publication of the election results, police cracked down on rallies and demonstrations.

- On 12 September opposition members were arrested for participation in an unauthorized meeting.[28] The Azerbaijani Ministry of the Interior claimed that the demonstration was not peaceful, but a violent assault against police by hooligans who threw stones, bottles, and other objects.[29]

- On 30 September police forcibly prevented supporters of the opposition from staging a protest rally near the parliament building. The Baku city mayor refused to permit the event. Police interrupted the rally, and beat some of the estimated 5,000 marchers as they approached the parliament building.

- 7 November police intervened to prevent an unsanctioned march of 4,000 supporters of Mr. Mamedov, airman of the Azerbaijani National Independence Party. Dozens of people were injured and many more temporarily detained. [30]

Towards the end of 1998, the parliament adopted more legal regulations to restrict the right to assembly. On 10 November it passed a law providing up to three years’ imprisonment for attending unauthorized meetings. This provision was in direct violation of the constitution. Citing this regulation, the Baku City administration did not allow the opposition to organize any mass events in late November and December. [31]

On 11 November the parliament adopted a resolution calling on the country’s law enforcement agencies to take measures against political parties whose activities fueled tensions in society and damaged the country's international image. [32]

Judicial System and Independence of the Judiciary

The independence of the judiciary was declared in article 127 of the constitution, and in the Law On Courts of Justice and Judges adopted in June 1997.

However, the judicial system was strongly influenced by the executive power. The Law on Courts and Judges was inherited from the pre-independence period, and the Prosecutor's Office still occupied a predominant place in the judicial system. In accordance with the constitution, the president exerted firm control over the judiciary.[33]

On 24 December President Aliev signed a decree on the judiciary and a legal presidential committee, aimed at increasing the independence of the judiciary. The committee is responsible for the finding candidates for judges. [34]

In the investigations following the 12 September mass arrests, investigators reportedly never interviewed other participants of the assembly, and ignored materials, such as videotapes, produced by the parties, mass media, and NGOs. Confessions by morally broken participants aired on TV, as well as numerous statements about alleged ill-treatment of detainees, raised serious doubts about the fairness of the investigation. [35]

Torture, Ill-Treatment and Misconduct by Law Enforcement Officials [36]

In the past few years, Azerbaijani human right NGOs have gathered considerable evidence demonstrating that police have used a wide range of methods to subject detainees and prisoners to torture, ill-treatment and degradation. Most alleged incidents occurred at the Baku City Police Headquarters, also known as "Gorotdel" (City Department).

Reports of torture in "Gorotdel" were received in 1998. "Gorotdel" was an ideal location for torture, because it had its own Isolation Facility for Temporary Detention (IVS) which, unlike other facilities, did not have to register all detainees. According to regulations of the Ministry of the Interior, prisoners could be held in IVS for up to 30 days. This period was crucial for breaking the resistance of a detainee, and making him/her "confess" to crimes. Interrogations were often carried out during the night, although, by law, this should be done only in exceptional cases.

Torture was also allegedly practiced at the Department for Fighting Organized Criminality, which was also under the supervision of the Ministry of the Interior and had an IVS.

Reports of torture increased significantly following a wave of severe sentences, handed down in 1996, for former government officials and members of the Special Police Detachment, OPON. Ironically, many defendants openly complained about having been tortured only after they realized that speaking out could no longer make their sentences harsher.

In "Gorotdel," a wide range of methods of torture and ill-treatment were used. Beating was the most common method of torture, usually involving beating of the soles of the feet or the head with truncheons. Sometimes torturers used "conveyor beating," in which the victim was beaten for hours while his perpetrators took turns in order to keep the suffering consistent.

Another form of torture was "bench" (stanok). The legs of the victim were fixed to a wooden plank, and the plank was raised until the victim hung upside down. He was then beaten. Some torture victims had to undergo a method called "elephant." A gas mask was placed on their head, after which the air filter was closed, resulting in suffocation. Sometimes, instead of a gas mask, a plastic bag was placed over the victim's head and closed tightly around the throat, creating the same effect.

Electric shocks were a common torture method. Wires were attached to the ears or fingers of the victim, and the electricity was switched on. Sometimes an empty bottle of champagne served as a torture device, and was pushed into a detainee's anus. A less-favored, but still-practiced, form of torture was tearing out finger or toe nails. Since it left clear marks of torture, it was seldom used.

- The Chairman of the Fizuli branch of the Popular Front Party, Vaqiv Quliyev, arrested for participation in an unsanctioned meeting on 12 September, claimed that he had been beaten, and tortured with electric shocks.

- Released detainees (oppositionist activists who had been arrested during a demonstration on 12 September) said they were beaten and tortured for four hours.[37]

Accountability

Although victims named several torturers, most allegations of torture and ill-treatment by police officers remained uninvestigated, and the perpetrators went unpunished.

In only one single case was a police officer punished for ill-treatment.

- The police officer who beat journalist Hadji Zamin on 22 August at metro station was immediately punished and the case was widely covered by the governmental media. However, when the same journalist was again beaten by a police officer during a 12 September opposition meeting, no investigation was initiated. [38]

In politically sensitive cases, authorities did not react to allegation of torture or ill- treatment.

The media outlets that reported on police abuse and corruption easily faced criminal prosecution.

- On 19 November, the opposition newspaper Yeni Musavat was fined US$5,000 on the appeal of Nizami Qodjayev, chief of investigation department of the Ministry of the Interior. The court regarded the article that accused Qodjayev of corruption and a murder as a libel. On 11 March 1999 Qodjayev was arrested by the Prosecutor’s Office for corruption, murder, and kidnapping.

Although foreign visitors are sometimes allowed to visit investigation prisons, Gorotdel remained outside public control. In February, the independent magazine Monitor published an article about the use of torture in Gorotdel. It resulted in the confiscation of that issue. Later, a trial against the magazine on charges of "insulting the Azerbaijani nation" – an accusation which does not exist under Azerbaijani law. On 7 July, the paper was fined US$4,000.

Human Rights Defenders [39]

Normally, the official attitude of Azerbaijani authorities toward human rights NGOs was condemnation as a form of political opposition. The government refused to register the following human rights NGOs: the Institute for Peace and Democracy, the Azerbaijan Committee for Democracy and Human Rights (ACDHR), the Committee to Protect Oil Workers’ Rights, the Human Rights Center of Azerbaijan, and the Azerbaijan National Committee of Helsinki Citizens' Assembly. All had applied for registration, but faced various obstacles in receiving it. The ACDHR had applied for registration at least five times.

- On 12 January, the Director of the Human Rights Center of Azerbaijan, Eldar Zeynalov, was invited to the Prosecutor General’s Office and warned about possible criminal punishment for the publishing information about political prisoners. On 29 April, he was transported to the chief of Unit of Fight against Organized Crime of the Ministry of the Interior because of a press conference the NGO had held on the allegations of torture in facilities controlled by the ministry.[40]

- On 8 May the Vice-Prosecutor General, Isa Nadjafov, in his article in the presidential newspaper Xalq qazeti, listed the "black forces" working against the international image of the country. Among them, the Human Rights Center of Azerbaijan, the Azerbaijani National Committee of Helsinki Citizens’ Assembly, the Institute of Peace and Democracy, the Helsinki Committee for Human Rights, and Amnesty International were listed.

A positive sign was the 42-point State Program on Human Rights signed by the president on 18 June, instructing the government, presidential staff, and Ministry of Justice to cooperate with local and foreign human rights NGOs. Still, in practice, only a few officials were prepared to meet human rights NGOs to discuss human rights protection.

On 18 August the UN Resident Coordinator and Minister of Justice of Azerbaijan signed a protocol on a grant of US$400,000 to the ministry, to be used for capacity- building on the protection of human rights. Local human rights activists judged this decision to have been ill-considered, because the Ministry of Justice was one of the main violators of human rights in Azerbaijan: it was responsible for the failure to register political parties and NGOs, for abuses against the media, and the conditions in post-trial prisons.

FOOTNOTES: 1. Presidential Elections in the Republic of Azerbaijan, OSCE/ODIHR, 11 October 1998. 2. Azerbaijan National Democracy Foundation (ANDF) Bulletin 33 (94), 25 February 1999. 3. RFE/RL Newsline, 10 June 1998. 4. RFE/RL Newsline, 16 October 1998. 5. RFE/RL Newsline, 14 October 1998. 6. Presidential Elections in the Republic of Azerbaijan, OSCE/ODIHR, 11 October 1998. 7. RFE/RL Newsline, 13 October 1998; see also Turkistan Newsletter, 13 October 1998. 8. RFE/RL Newsline, 15 October 1998. 9. Unless otherwise noted, based on information from the Human Rights Center of Azerbaijan to the IHF, September 1998. 10. See Peaceful Assembly. 11. Turkistan Newsletter, 10 November 1998. See also Peaceful Assembly. 12. Information from the Human Rights Center of Azerbaijan, 23 April 1999. 13. Ibid. 14. IFEX, 8 December 1998. 15. Report of the Trade Union of Journalists on the Media Situation in Azerbaijan for 1998, January 2, 1999. 16. Ibid. 17. Committee to Protect Journalists/IFEX, 16 December 1998. 18. Azerbaijan National Democracy Foundation, 22 December 1998. 19. RFE/RL Newsletter , 16 December 1998. 20. RFE/RL Newsletter, 19 November 1998. 21. See Torture, Ill-Treatment and Misconduct by Law Enforcement Officials. 22. RFE/RL Newsletter, 2 October 1998. 23. IFEX, 8 December 1998. 24. Reporters sans frontières, 16 November 1998. 25. Unless otherwise noted, based on information received from the Human Rights Center of Azerbaijan, September 1998. 26. Presidential Elections in the Republic of Azerbaijan, OSCE/ODIHR, 11 October 1998. 27. See Human Rights Defenders. 28. Human Rights Center of Azerbaijan, 9 October 1998. 29. Telex from the Embassy of Republic of Azerbaijan, 23 November 1998. 30. RFE/RL Newsline, 1 October 1998. 31. RFE/RL Newsline, 25 November 1998; Azerbaijan National Democracy Foundation, Pro-Democracy Monitor, December 1998. 32. RFE/RL Newsline, 12 November 1998. 33. Presidential Elections in the Republic of Azerbaijan, OSCE/ODIHR, 11 October 1998. 34. Human Rights Center of Azerbaijan, 23 April 1999. 35. Human Rights Center of Azerbaijan, 4 October 1998. 36.Based on "Allegations of Torture in the Baku City Police Headquarters," Human Rights Center of Azerbaijan, October 1998. For details, see "Torture and Ill- Treatment in Baku City Police Headquarters," Human Rights and Civil Society, Vol. 4, No. 3, IHF. 37. RFE/RL Newsletter, 12 October 1998. 38. Human Rights Center of Azerbaijan, 23 April 1999. 39. Based on information from the Human Rights Center of Azerbaijan to the IHF, September 1998. 40. Human Rights Center of Azerbaijan, 23 April 1999.