Republic of Azerbaijan NGO Report on the implementation of ICCPR (Replies to the list of issues) The contribution to this report is given by: Institute for Reporters’ Freedom and Safety, coordinator International Student Cooperation Legal Education Society Association for the Protection of Women’s Rights Society for Humanitarian Research Media Rights Institute Public Association for Assistance to Free Economy Institute of Peace and Democracy All organizations are members of the South Caucasus Network for Human Rights Defenders and some are partners of the Human Rights House Azerbaijan in Baku Baku, Azerbaijan, June 2009 With the support of: Centre for Civil and Political Rights (CCPR Centre) Human Rights House Foundation (HRHF) 1 Recommendation concerning discrimination against women and domestic violence (arts. 2 (1), 3, 7, 26) Section prepared by the Legal Education Society & the Association for the Protection of Women’s Rights List of Issues, 5 November 2008, § 2 Please clarify whether the Gender (Male and Female) Equality Act of 2006 (report, para. 66) envisages temporary special measures to overcome de facto discrimination against women and provide examples of cases where such measures have been implemented successfully. Please also provide detailed information on the measures taken to promote the representation of women in Parliament (paras. 87 and 93-94) and in senior positions in government and in the private sector (paras. 71 and 92). 1. The Gender Equality Act of 2006 does not provide for temporary special measures to overcome de facto discrimination against women. Such measures should be envisaged in law and/or implemented in practice. List of Issues, 5 November 2008, § 3 Please indicate whether the State party has adopted legislation which specifically criminalizes domestic violence (report, para. 89) and provide detailed information on its scope and content. Please also provide information on the definition of rape in the Criminal Code (para. 74) and indicate whether it covers marital rape as well as non-consensual sexual acts in the absence of resistance. What measures have been taken to ensure that acts of domestic violence are effectively investigated and perpetrators prosecuted and sanctioned, and what has been their impact? Please provide more detailed information on the steps taken to combat domestic violence (report, paras. 537-543), such as training for judges, prosecutors, the police and health professionals and awareness- raising campaigns for women to inform them about their rights and available remedies, and on the number of safe shelters and the resources allocated to victim assistance. 2. Despite previous recommendations from the HR Committee,1 violence against women is still widespread in Azerbaijan. According to non-official data, 80% of women in Azerbaijan are subjected to domestic violence. The Law on Domestic Violence has not been adopted. It is necessary to enact the legislation protecting women and children against domestic violence and ensure effective mechanisms of implementation.2 1 See Concluding observations of the Human Rights Committee: Azerbaijan. 12/11/2001 (UN Doc.: CCPR/CO/73/AZE §17). 2 “Take all measures to grant access to justice for all women victim of violence, and take measures for their protection and the rehabilitation, and to train police authorities on violence against women” is one of the recommendations made to Azerbaijan during the last UPR review and accepted by Azerbaijan (UN Doc.: A/HRC/WG.6/4L.6, § 96, no. 8 & A/HRC/11/20/Add.1). See also A/HRC/WG.6/4L.6, § 96, no. 9 for further recommendations on this mater. 2 3. There are no shelters for victims of domestic violence. There is urgent need for the creation of shelters for victims of domestic violence and for the implementation of special programmes for rehabilitation of victims of domestic violence.3 It is advisable that the shelters for victims of domestic violence and shelters for victims of trafficking of human beings be separate. 4. There are no sufficient shelters for victims of trafficking of human beings, who in the majority of cases are women. It is important to create an adequate number of such shelters. In practice, only victims of trafficking who obtained the “status of victim” under the criminal procedure legislation have access to a shelter. Access to shelters should be equally provided to victims of trafficking who are without the officially recognised status of victim. 5. The Criminal Code does not specifically criminalize domestic violence, but it should. According to the Criminal Procedure Code, criminal cases concerning certain offences shall be opened by a prosecutor only on the basis of complaint by a victim (for example, infliction of light harm to health under Article 128 of the Criminal Code). The criminal procedure legislation must provide for the cases where criminal proceedings are initiated not only on the basis of complaints by victims of domestic violence but also on the basis of complaints lodged by other interested persons (inter alia relatives, neighbours, social workers, workers of medical institutions). 6. In practice, resistance to sexual act is considered a decisive factor for proving rape. It is necessary to amend legislation and change practice so that “absence of consent to sexual act” is regarded as a critical aspect instead of “existence of resistance”. 7. The Gender Equality Act of 2006 sets forth norms prohibiting sexual harassment. However, the mechanism for implementation of these norms is weak. It is necessary to provide effective remedies against sexual harassment under clear-cut legislative norms. Also, even though the definition of sexual harassment covers employment relations and provision of services, the legislation does not clearly cover sexual harassment in other fields, such as education and politics. 8. It is important to take practical measures for the elimination of certain traditions (customs) constituting gender discrimination and violence against women, such as 3 “Victims of domestic violence should have possibility to use appropriate means of redress and access to shelters” is one of the recommendations made to Azerbaijan during the last UPR review and accepted by Azerbaijan (UN Doc.: A/HRC/WG.6/4L.6, § 96, no. 9 & A/HRC/11/20/Add.1). 3 early marriages and forced marriages, limitations in employment and education imposed on women (and girls) by family members. 9. Under Azerbaijan legislation, the marriage age for men is 18 and the age for women is 17. It is necessary to set equal marriage ages for men and women. 10. In addition, it should be mentioned here that in order to protect women against discrimination, it is also necessary to adopt legislation on reproductive health. According to official data, only app 3.5% of women takes part in policy-making. It is necessary to take measures to increase the number of women participating in policy- making. Women constitute only app 11.5% in the parliament and only app 4% in municipal institutions. It is important to increase the representation of women in the parliament and municipalities. Right to a fair trial by an independent and impartial tribunal (art. 14) Section prepared by the International Student Cooperation, the Legal Education Society4, the Public Association for Assistance to Free Economy, and the Institute of Peace and Democracy List of Issues, 5 November 2008, § 13 In addition to the information contained in the report (paras. 25, 360 and 365 et seq.), please provide further information on measures taken to ensure that the judiciary is independent from the executive branch, free from political pressure and protected from corruption. 11. The juridical system of Azerbaijan is currently under the supervision of the executive branch, and this fact has been proved during the majority of trials. It is particularly evident in the proceedings where the lawsuits are filed against government bodies. Although the authorities claim that courts are independent, the courts adopt decisions under the influence of the executive power...” 12. In October 2006, a student of the Independent Azerbaijan University and International Students Cooperation Public Union Chairperson, Elnur Mammedov, filed a lawsuit against the police of Jalilabad Region and Nasimi District Police Department 19. 4 Source for this section: Trial Monitoring in Azerbaijan 2007, Final Report, “Giso” Publishing Company, Baku (Azerbaijan), 2008 4 However, under various pretexts, the application was returned, and subsequently left without consideration. 13. In March 2009, Parviz Asimov was expelled from Lenkaran State University. Protesting that he was illegally expelled from the university, Parviz Azimov appealed to the Lenkaran City Court. But after some time, the lawsuit was returned. At present, the case is pending, but all motions filed by P.Azimov’s lawyers were rejected, casting doubt on the possibility of a fair trial. 14. In 2005, eighty-seven families decided to protect their rights and sent a letter against the new construction plans at "Khudu Mamedov Street," house 21. Lawyer Sayara Rovshan Geydarova, the advisor and organizer of the families, took action. On 1 April 2005, Geydarova was accused of beating four men on one occasion near Khudu Mamedov Street. On 12 July 2005, Geydarova was brought in front of court for not cooperating with the pre-trial investigation, despite her claims that she had never received a summoning. The court decided to hold her under arrest for 2 months. Geydarova spent 28 days in jail, and was released early, because the victims did not show up in court. From the 8th to the 10th of August 2005, Judge Tair Ismailov tried to hold a judicial session, but the victims never came and the judge reduced her sentencing and freed her from the hall on 10 August 2005. On 16 February 2006, the judge of the Surakhansky regional court, Shovket Nadzhafova, found Geydarova guilty of beating the four men and sentenced her to 3.5 years according to article 221 (hooliganism) of Azerbaijan’s criminal code, even though only one of the victims (Alim Babaev) attended the hearing.