AZERBAIJAN 2016 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Azerbaijani constitution provides for a republic with a presidential form of government. Legislative authority is vested in the Milli Mejlis. The president dominated the executive, legislative, and judicial branches of government. On September 26, constitutional amendments were approved that, inter alia, increased the president’s term in office from five to seven years and expanded the powers of the president. Other amendments included a provision permitting the further restriction of freedom of assembly. The constitutional referendum was marked by widespread credible complaints of irregularities. Legislative elections in November 2015 could not be fully assessed due to the absence of an Organization for Security and Cooperation in Europe (OSCE) election observation mission; independent observers alleged irregularities throughout the country. The 2013 presidential election did not meet a number of key OSCE standards for democratic elections. Civilian authorities maintained effective control over the security forces. Separatists, with Armenia’s support, continued to control most of Nagorno- Karabakh and seven other Azerbaijani territories. The final status of Nagorno- Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. There was an increase in violence along the Line of Contact and the Armenia-Azerbaijan border April 1- 5. The heavy clashes led to the highest death toll since the signing of the 1994 cease-fire agreement. There were allegations of atrocities committed by the sides of the Nagorno-Karabakh conflict during an April 1-5 outbreak of violence. The sides in the conflict also submitted to the European Court of Human Rights complaints accusing each other of committing atrocities during this period. The most significant human rights problems during the year included: Increased government restrictions on fundamental freedoms: Authorities limited the freedoms of expression, assembly, and association through intimidation, incarceration on questionable charges, and harsh abuse of selected activists and secular and religious opposition figures. The operating space for activists and nongovernmental organizations (NGOs) remained severely constrained. There was a continuing crackdown on civil society, including intimidation, arrest, and conviction on charges widely considered politically motivated; criminal AZERBAIJAN 2 investigations into NGO activities; restrictive laws; and the freezing of bank accounts that rendered many groups unable to function. Authorities also restricted freedom of expression by closing a semi-independent television station that had been the country’s sole independent broadcaster until late 2006, when its independence began to decline, and by taking actions that resulted in the end of the print edition of a leading opposition newspaper. Government use of the judicial system to punish dissent: Authorities arbitrarily arrested and detained activists, engaged in politically motivated imprisonment, conducted trials that lacked due process, and subjected activists to lengthy pretrial detention with impunity. Authorities used different pretexts to decrease the number of defense lawyers willing and able to defend the rights of peaceful activists. While authorities released 17 individuals widely considered to be incarcerated for exercising their fundamental freedoms, they held an even larger number of others. Government restrictions continued on the ability of citizens to choose their government in free and fair elections. Other problems reported included physical abuse in the military; alleged torture and abuse of detainees, at times leading to death; police violence against peaceful citizens; abuse of inmates in prisons; harsh and sometimes life-threatening prison conditions; detentions without warrants; and incommunicado detention. Authorities often failed to provide due process, including with regard to property rights. There were reports of arbitrary government invasions of privacy, incarceration of religious figures, and restrictions on the religious freedom of some unregistered groups. Authorities restricted freedom of movement for a growing number of journalists and activists. Constraints on political participation persisted. While the government took continued measures towards reducing low-level corruption in government services, allegations of systemic corruption at all levels of government continued. Violence against women, gender-biased sex selection, and trafficking in persons were reported. Societal intolerance, violence, and discrimination based on sexual orientation and gender identity remained problems, as did societal stigma against persons with HIV/AIDS. Authorities did not effectively enforce laws prohibiting discrimination in employment or occupation. The government did not prosecute or punish most officials who committed human rights abuses; impunity remained a problem. Section 1. Respect for the Integrity of the Person, Including Freedom from: Country Reports on Human Rights Practices for 2016 United States Department of State • Bureau of Democracy, Human Rights and Labor AZERBAIJAN 3 a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings Separatists, with Armenia’s support, continued to control most of Nagorno- Karabakh and seven other Azerbaijani territories. The final status of Nagorno- Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. There was an increase in violence along the Line of Contact and Armenia-Azerbaijan international border April 1-5. The heavy clashes led to the highest death toll since the signing of the 1994 cease-fire agreement. There were allegations of atrocities committed by the sides of the Nagorno-Karabakh conflict during an April 1-5 outbreak of violence. The sides in the conflict also submitted to the European Court of Human Rights complaints accusing each other of committing atrocities during this period. Both the government and human rights monitors reported a drop in harmful hazing practices in the military. As of November 20, local human rights organizations reported at least 36 noncombat-related deaths in security forces, including suicides and soldiers killed by fellow service members. On February 20, for example, another conscript shot and killed State Border Service (SBS) member Sanan Mehdizade. The SBS refused to comment on the death to media outlets. No further details were available. b. Disappearance There were no reports of politically motivated disappearances. As of July 5, the State Committee on the Captive and Missing reported that 3,866 citizens were registered as missing persons because of the Nagorno-Karabakh conflict. The International Committee of the Red Cross (ICRC) processed cases of persons missing in connection with the Nagorno-Karabakh conflict and worked with the government to develop a consolidated list of missing persons. According to the ICRC, more than 4,496 persons remained unaccounted for because of the conflict. The ICRC assisted prisoners of war and civilian internees and conducted regular visits throughout the year to ensure protection of prisoners under international humanitarian law. The ICRC regularly facilitated the exchange of messages between them and their families to help them re-establish and maintain contact. Country Reports on Human Rights Practices for 2016 United States Department of State • Bureau of Democracy, Human Rights and Labor AZERBAIJAN 4 c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment While the constitution and criminal code prohibit such practices and provide for penalties for conviction of up to 10 years’ imprisonment, credible allegations of torture and other abuse continued. In 2014, the most recent year for which data was available, domestic human rights monitors reported receiving 324 complaints of such abuse by security forces. The UN Working Group on Arbitrary Detention reported receiving a large number of statements during its May 16-25 visit to the country from current and former juvenile, female, and male detainees it interviewed alleging that they had been subjected to torture and mistreatment. According to the working group, interviewees “described having a gun pointed at their head, severe beatings, sometimes lasting several hours, verbal abuse and psychological pressure, practices such as standing on one’s knees for long hours, threats of physical and sexual abuse as well as threats to arrest family members.” Human rights defenders and media outlets reported at least four cases of torture or other physical abuse during the year that led to death. There was no single source to confirm the exact number of such cases. On April 27, for example, Sumgayit City police detained 37-year-old Rashad Mehdiyev, who died two days later, reportedly from abusive treatment at the police station. Police claimed Mehdiyev died due to a head injury incurred when he accidentally fell. Mehdiyev’s family refuted the claims and released photographs of him with multiple bruises on his body, which they alleged indicated torture. There were no reports on the results of a subsequent investigation. Reports from the UN Working Group on Arbitrary Detention and human rights activists indicated that most mistreatment took place while detainees were in police custody, where authorities reportedly used abusive methods to coerce confessions.