THE COMMISSIONER FOR HUMAN RIGHTS (OMBUDSMAN) OF THE REPUBLIC OF AZERBAIJAN ANNUAL REPORT ON PROVISION AND PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN THE REPUBLIC OF AZERBAIJAN 2013 (SUMMARY) Baku – 2014 Foreword The main aim of the report is to provide the information on situation of studying and analyzing human, civil rights and freedoms, discovering shortages and violations, activities for restoration of the violated rights and of their prevention, as well as on best practices of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan in the country in 2013. The Report was prepared on the basis of appeals, petitions, proposals and complaints; different cases, problems and challenges disclosed during the visits of the Commissioner and staff members of the Institute and regional centers to penitentiaries, investigatory isolators, temporary detention places, military units, orphanages, boarding schools, settlements of the refugees and IDPs, healthcare and social protection facilities, meetings with population in regions and investigations carried out there; official responses and attitudes of state agencies and authorities; proposals and recommendations submitted to state bodies; materials of national and international seminars and conferences dedicated to human rights; activities implemented within the framework of the cooperation with non-governmental organizations; as well as of the analysis of information provided by mass media. The annual report reflects the activities of the Commissioner in the sphere of the protection of civil, political, economic, social and cultural rights of various groups of population, including their rights and freedoms, awareness-raising events on human rights, scientific and analytical work, public relations, issues of international cooperation, as well as recommendations and proposals on effective provision of their human rights and solution of problems. According to the Article 14 of the Constitutional Law of the Republic of Azerbaijan "On the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan", this annual report was prepared to be submitted to the President of the Republic of Azerbaijan, presented to the Milli Mejlis (Parliament) of the Republic of Azerbaijan, as well as to be addressed to the Cabinet of Ministers, Constitutional Court, Supreme Court and General Prosecutor’s Office of the Republic of Azerbaijan. I hope that this annual report will demonstrate you the situation in the field of human rights and freedoms in our country and the activities of Ombudsman. Also, I hope that you will share your impressions with us. Your proposals and recommendations would be helpful in the further improving of activities of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan in future. Elmira Suleymanova The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan 2 Introduction Effective legal and social-economic policy, constantly undertaken all over the country, is addressed to improvement of the social welfare. It plays significant role in effective promotion and reliable protection as well as general development of human and civil rights and freedoms. During the last 10 years, the Republic of Azerbaijan has passed the great way of development and reached progress. Consistent measures for rapid development processes, improvement of social welfare of the people, successful implementation of social infrastructure projects, efficient solution of works in the state bodies, elimination of the related bureaucratic barriers in this regard, application of ASAN service, and comprehensive fight against corruption were taken in the country. During this period, the state budget was repeatedly increased, secondary schools and infant schools were built or completely repaired; medical treatment, diagnostics and rehabilitation centers, hospitals and outpatient’s polyclinics, Olympic sport complexes, airports, bus terminal complexes, new underground stations and electric power stations were built; new highways and bridges were constructed; Resort Complexes, State Natural Reserves and National Parks were created; the entrepreneurship was strengthened due to state loans; new manufacturing and service enterprises were established. As a result, during last 10 years 1 million 200 thousands workplaces, including 110 thousands opened in 2013, as well as 80 thousands permanent workplaces among them were created. The level of unemployment was decreased by 5%. Along with the above mentioned, minimum wage and incomes of the population were increased, pensions were raised, and the poverty rate dropped to 5,3 %. As a result, Azerbaijan is in the first 20 of 156 countries with the lowest poverty. According to the Davos World Economic Forum’s "2012-2013 Global Index of Competitiveness", our country ranked 39th in the world and the 1st among the CIS countries. In the mentioned period, the index of national economic growth rate, the Republic of Azerbaijan has climbed the ranks of the leading countries, and according to the results of 2013, national income per capita increased by 3.5 times compared to 2003. The re-election of Ilham Aliyev as a President of Azerbaijan with majority of votes in 2013, has lead to the progress through sustainable development of our country. Among the greatest achievements of the last year was the decision on the final investment of the project of the XXI century “Shahdeniz-2” – one of the largest energy projects of the world considered for the long-term development of our country. Azerbaijan played an important role regarding many issues at the international level, cooperated closely with international organizations, and gave its 3 contributions to the protection of international peace and security as a non- permanent member of the UN Security Council. Holding the Third Summit of the Cooperation Council of the Turkic Speaking States, the First South Caucasus Forum on Inclusion, the Third Baku International Humanitarian Forum, the 2nd World Forum on Intercultural Dialogue giving great value to the development and to its results of the country in those worthy events, simultaneously, launching the first telecommunication satellite “Azerspace-1” to the space as one of the significant events of the history of independence of our country, adopting of decision on launching 2015 European Games in Baku for the first time in the history of Europe, and holding of 2015 World Chess Cup and Chess Olympiad 2016 in Baku prove the growing reputation for our country in the world. As every year, in 2013, the first Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan also effectively cooperated with the state bodies, non- governmental organizations, mass media, communities and international organizations. The cooperation of the Commissioner with state bodies and civil society institutions for effective promotion and protection of human as well as civil rights and freedoms, which was further improved, served for the prosperity of the country and welfare of the society. The Commissioner operating for restoration of human rights and freedoms enshrined in the Constitution of the country and in the international treaties to which the country is a party as well as violated by the governmental and municipal bodies, officials, also for elimination of violations of human rights, last year there were carried out consistent measures with intent to non-judicial protection of human rights as well. The Commissioner, who does not restrict and substitute the competence of other governmental bodies ensuring the protection and restoration of violated human rights and freedoms, completing the existed legal remedies, whose scope of authority and functions determined by the Constitutional Law, built her activities on principles of independence, openness, transparency, rule of law, justice and impartiality. The Commissioner as always, last year as well, took strict measures against procrastination, bureaucratic challenges and arbitrariness, indifference to citizens’ requests and problems, also violation of the right to appeal, which is very important among the human rights and plays great role in ensuring of other rights. Within last year, comprehensive work has been done dealing with the applications addressed and the necessary measures were taken restoration of violated rights. The Commissioner and the staff members by her instructions regularly, including in the frame of public hearings, carried out meetings with the population in various regions of the country, also carried out monitorings to penitentiary institutions, investigation isolators, temporary detention places, military units, 4 orphanages, boarding schools, refugees and internally displaced persons settlements, also to the health, education, social welfare institutions for population, the receptions were organized, advises and consultations were conducted, there were taken measures for protection of human rights, the accepted complaints were investigated and majority of them were solved successfully. Many cases of concern in the field of human rights protection were solved in the frame of the cooperation with the governmental bodies and violated rights were restored. During the activities the Commissioner has received 101.540 appeals in total, including 13.670 submitted in 2013. Last year, in total, 2.969 persons were received in the Institution, including regional centers, out of which 525 persons were received repeatedly. 75,8 % of them were complaints, and 24,2 % - appeals.