FB Digest@VoxPOPULI

 

“The regime believes that even the smallest political concession—such as dismantling the physical cages built around Baku’s streets or opening a single land border crossing—would lead to everything collapsing, bringing the regime down with it…”

(Lack of) Human Rights and Freedoms

Fazil Gasimov, a PhD student at Istanbul University who was detained in Turkey in August 2023 and brought to Azerbaijan, has been on a hunger strike for 90 days while in prison. Human rights defender, the executive director of the “Defense Line” human rights organization Rufat Safarov, stated that the 34-year-old scholar is facing death, and if no action is taken, he could lose his life in the coming days. “According to the information I have, his weight has dropped to 35 kilograms. It’s not hard to understand the gravity of that. The government is destroying a scholar, an intellectual.” The human rights defender added that despite the danger to his life, Gasimov has no intention of ending his hunger strike. Gasimov’s brother Nazim Gasımov, together with lawyer Bahruz Bayramov, met with Professor Gubad Ibadoglu. Fazil Gasimov gave testimony under the influence of psychotropic substances, threats, and torture against the economist Ibadoglu. Ibadoglu, who is now under house arrest, has asked Fazil Gasimov to end his hunger strike. In his letter to Gasimov, Ibadoglu said: “My dear Fazil, your condition deeply saddens and distresses me, and my concern for you grows by the day. You have done everything I expected of you, and I don’t expect any apology from you. It is we who deserve an apology for what has been done to us. I understand the situation you had to give testimony, and I sympathize with it. Your health is so important to me and to our society. Fazil, I am pleading with you—today, this hour, this very moment—stop the hunger strike as soon as you read this letter. If you still respect me as you did before, you must do this, and you must do it now. This is my only request from you. I am eagerly awaiting your decision to end the hunger strike. I am confident that we will soon meet in the freedom we deserve. Believe me, everything will turn out well in the end!”

On September 12, the Baku Serious Crimes Court reviewed and rejected the request for house arrest for activist and first-degree disabled person Famil Khalilov. He has been on a hunger strike for 28 days in protest against his detention. Khalilov was arrested on May 2 and charged under Article 234.4.3 of the Criminal Code (preparation, transportation, or storage of a large amount of narcotics for sale). He was placed under a 4-month pre-trial detention. This article provides for a prison sentence of 5 to 12 years. His relatives believe that he is innocent and is being punished for his social media posts.

On September 11, the Baku Court of Appeal reviewed the complaints regarding the extended detention of those arrested in connection with the “Abzas Media case”—including the website’s director Ulvi Hasanli, chief editor Sevinj Vagifgizi employee Elnara Gasimova, investigative journalist Hafiz Babali, and economist Ferid Mehralizade. Nahid Abbasli, an investigator from the Department for the Investigation of Serious Crimes under the Baku Main Police Department, requested that the decisions made by the Khatai District Court to extend the detention periods remain unchanged. During the hearings, all appeals were dismissed, and the journalists remained in custody. Last week, the detention periods for all those involved in the “Abzas Media case” were extended for another three months. The journalist were detained last year in November.

On September 11, a trial took place at the Baku Court of Grave Crimes for Teymur Karimov, head of the “Kanal 11” internet television, who is accused of extortion. The testimony of one of the victims was heard during the session. The next hearing, which will continue with the statements of other victims, has been scheduled for September 27.

The Nasimi District Court reviewed a complaint requesting the initiation of a criminal case against Ali Karimli, the chairman of the Azerbaijani Popular Front Party (AXCP), under special prosecution procedures. The complaint was filed by Aydın Aliyev, former chairman of AXCP’s Supervisory and Inspection Commission. The plaintiff seeks to open a criminal case against Karimli under Article 147.1 of the Criminal Code (Defamation, i.e., knowingly spreading false information that tarnishes a person’s honor, dignity, or reputation through public speeches, publicly displayed works, or mass media). The court has already declared Karimli a defendant in the case. Karimli described this as a politically motivated action. The criminal case has been officially opened, and the substantive hearing is scheduled for September 19. If found guilty, Karimli could face imprisonment.

On September 10, a verdict was issued for three foreign nationals who were arrested in Baku for drawing graffiti on subway trains. Lawyer Elchin Sadigov stated that the Narimanov District Court delivered the final decision regarding graffiti artists—French citizen Clerc Theo Hugo, New Zealand citizen Ismael De-Sen Quentin, and Australian citizen Han Paul—who were charged under Articles 221.2.1 and 186.2.2 of the Criminal Code. “The court regarded the graffiti drawn on the subway (artwork without any negative meaning) as hooliganism and damage to others’ property with serious consequences (they cited the train being taken out of service as a serious consequence). The French citizen was sentenced to 3 years in prison, while the others were fined 6,800 manats.”

Elchin Sadigov noted that the verdict was given despite the accused having fully compensated for the damage. “For the first time, the income that would have been earned during the time the train was out of service was included in the damage amount. Despite this, the damage was fully compensated. Other than their ownership, there was no other factor differentiating the accused,” the lawyer added. On March 28, Clerc Theo Hugo was fined 4,600 manats by the Yasamal District Court for drawing graffiti at the “Bakmil” metro station. However, the Baku Court of Appeals later overturned the decision and raised the damage amount to 11,600 manats. On April 2, the Yasamal District Court issued a 3-month detention order for Clerc Theo Hugo. Australian citizen Han Paul and New Zealand citizen Ismael De-Sen Quentin, who were detained alongside him, were also charged with the same offense. However, non-custodial measures were taken against them during the investigation period.

On September 12, the French Embassy in Azerbaijan released a statement condemning the verdict against Theo Clerc, a French citizen who was detained for painting graffiti on the metro. The embassy has issued a recommendation advising against travel to Azerbaijan for its citizens due to the risk of arbitrary detention and unfair trials.

On September 11, the European Union’s delegation to the Council of Europe issued a statement following the meeting of the Committee of Ministers in Strasbourg. The statement highlighted the European Union’s consideration of the open meetings between the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) regarding Azerbaijan. The statement expressed regret over the lack of sustained cooperation between the Azerbaijani government and the CPT, calling on Azerbaijani officials to restore a constructive dialogue with the Committee. It urged Azerbaijani authorities to address the issues raised in the Committee’s declaration, in line with Azerbaijan’s international commitments, including its obligations as a member of the Council of Europe. The EU also expressed concern over the alarming trend of arrests of independent journalists, human rights defenders, and civil society representatives in Azerbaijan, which began last year. The statement called on Azerbaijan to ensure transparency and due process, provide decent and safe conditions for all prisoners, and guarantee full access to healthcare and independent legal services. It also stressed the need to address serious concerns related to torture, inhumane or degrading treatment, or punishment. In conclusion, the EU reaffirmed its commitment to continue dialogue with Azerbaijan on all key areas of cooperation, including human rights and the rule of law, in accordance with shared international obligations.

Senator Ben Cardin (D-Md.), chair of the Senate Foreign Relations Committee, voiced concerns about Azerbaijan hosting the COP29 climate conference in November. He highlighted the country’s record of imprisoning Armenian and pro-environmental activists. In his statement, Cardin remarked, “Hosting a major international conference like COP29 comes with responsibilities. Host countries are expected to facilitate open discussions on information and issues, which necessitates upholding freedoms of speech and assembly.” He further urged Azerbaijan’s president, Ilham Aliyev, “to release those unjustly imprisoned by his government, including Armenian detainees and community activists who have peacefully protested against poor labor practices and the detrimental environmental impacts of the gold mine.”

On September 11, 30 international human rights organizations issued a joint statement calling for increased attention to human rights in Azerbaijan ahead of COP29. The statement highlights that the Azerbaijani government has long suppressed independent civil society and critical voices. “In such a context, the hosting of an event like COP29 raises serious concerns about the ability of environmental activists, human rights defenders, and journalists, among others, to operate freely and safely before, during, and after the conference,” the statement reads. It also notes that according to assessments by human rights groups, hundreds of people are imprisoned on politically motivated charges. The wave of arrests continues, with numerous activists and media representatives detained on baseless criminal charges, the statement adds.

Activist Giyas Ibrahim commented on the recent repressions, saying that with the country’s land borders being closed for five years and many independent voices being jailed, Aliyev has formed a cage. Ibrahim: “It is a pyramid system of entrapment that he has created in the country. At the top are a small handful of people—political opposition, a few independent media outlets—who are imprisoned and persecuted. Then, he trapped the lumpen and indifferent city residents for bacchanalias like F1 and now COP29, which benefit no one but himself. And finally, with the country’s land borders being closed for five years, he has formed the broadest level of the cage. Azerbaijan is effectively at the peak of a “state of emergency.”  Until 2020, the primary justification for this semi-abstract entrapment—this state of emergency—was “occupation,” “war conditions,” “Karabakh.” Anything said against the system could be conveniently caged under the absurd and unusual pretext of “Karabakh” or “occupation.” After this ended, the semi-abstract cage turned into something more concrete and tangible. Now, the regime believes that even the smallest political concession—such as dismantling the physical cages built around Baku’s streets or opening a single land border crossing—would lead to everything collapsing, bringing the regime down with it. This paranoia leads to increasingly violent behavior, visible in every action of the government, from keeping the borders closed to the police killing someone almost every day. The smokescreen of reformers and political dialogue proponents is also dissipating, and in the end, even the most naïve will be able to see and experience the evil in its most banal form.”

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