FB Digest@VoxPOPULI

 

“The Parliamentary Assembly of the Council of Europe certainly cannot be blackmailed. The conditions are crystal clear. Azerbaijan must comply with all the rules of the Parliamentary Assembly without any ifs and buts…”

(Lack of) Human Rights and Freedoms

On September 12, the Baku Court of Grave Crimes reviewed and denied the petition to release activist Famil Khalilov, a first-degree disabled person, under house arrest. He has been on a hunger strike for 30 days in protest against his imprisonment. Khalilov, who was arrested on May 2, has been charged under Article 234.4.3 of the Criminal Code (preparing, transporting, or storing large quantities of drugs with intent to sell). A 4-month pre-trial detention measure was imposed on him, and the article provides for a sentence ranging from 5 to 12 years in prison. His family claims that Khalilov is innocent and that he is being punished for his social media posts.

Ruhin Vilaet oghlu Ismayilov, who was sentenced to 10 years in prison by the Lankaran Serious Crimes Court, has addressed a letter to the country’s president and heads of law enforcement agencies from the 10th Penal Institution, where he is serving his sentence. He also sent his appeal to media representatives for public dissemination. In his letter, Ismayilov states that he operated a bakery in Baku. After his employee, Azer Mubariz oghlu Jafarov, was arrested on drug charges, a confession was obtained from him during the investigation. The only evidence against Ismayılov was a phone call between him and Jafarov. Despite Jafarov revealing the truth about the case during the trial, the judges did not take this into account, according to Ismayılov. Although the Shirvan Court of Appeals reduced his sentence to 9 years, Ismayilov is not satisfied with the decision. He believes that his only fault in the case was knowing about the crime and failing to inform law enforcement. He expressed readiness to serve his punishment for that specific act.

Ismayilov filed a cassation appeal against the decision of the Shirvan Court of Appeals, expressing hope for a fair review of his case. He claims that the evidence gathered during the investigation was obtained illegally, and he has included proof of these violations in his cassation appeal. Ismayılov requests that the Criminal Collegium of the Supreme Court conducts a fair review of his case, investigates the evidence, and corrects the legal violations. He also appeals to the media to keep his case under scrutiny and not remain indifferent to his unjust long-term imprisonment.

It is reported that Mehman Aliyev, a member of the Azerbaijan Popular Front Party (AXCP), who was arrested on drug charges one day after recording and sharing on social media an incident between local citizens and police in Shirvan, has attempted suicide in Baku Detention Center in Kurdakhani. According to information provided by the party to Meydan TV, Mehman Aliyev swallowed a battery. Due to his critical condition and the urgent need for medical intervention to remove the battery, he was transferred to the Penitentiary Service’s Medical Facility. “We have information that the battery has not yet been removed,” the party stated. Mehman Aliyev’s father, Aydin Aliyev, confirmed the information, stating that his son, although innocent, was framed on drug charges and detained for months, leading him to attempt suicide in protest. According to his father, Mehman Aliyev was arrested because he recorded the actions of the police against his cousin on his phone. Despite being asked to delete the footage, he refused and instead shared it on social media, after which he was framed on drug charges. Aydin Aliyev also claims that his son was tortured after his arrest. The Penitentiary Service could not be reached for comment on the allegations.

On September 13, the Baku Serious Crimes Court held a hearing for Tofig Yagublu, a member of the Musavat Party and National Council. The next court session has been scheduled for September 27. Tofig Yagublu was arrested on December 14 of the previous year. He faces charges under Articles 178.3.2 (fraud causing significant harm), 320.1 (forgery of official documents, state awards, seals, stamps, and forms, or illegal production or sale), and 320.2 (knowingly using forged documents) of the Criminal Code. Yagublu denies these allegations, labeling his arrest as politically motivated and the charges as fabricated.

On September 13, a court hearing for human rights activist Bakhtiyar Hajiyev was held at the Baku Serious Crimes Court. Hajiyev was arrested in December 2022. At that time, he was charged under Articles 221.2.2 (hooliganism with resistance against a person performing public order duties) and 289.1 (disrespect to the court) of the Criminal Code. The incident allegedly occurred between Hajiyev and Ulviyye Alovlu (Muradova) at the Yasamal District Court. The charges also include accusations that Hajiyev used violence against enforcement officer Orkhan Abdullayev during the incident. On June 16 of the previous year, new charges were brought against the activist, mainly related to financial matters and the misallocation of grants. He was also charged under Articles 192 (illegal entrepreneurship), 193-1 (legalization of criminally obtained property), 206 (smuggling), and 320 (use of forged documents) of the Criminal Code. In November of the same year, an additional charge was brought against him under Article 213.1 (tax evasion). Bakhtiyar Hajiyev denies all the charges, claiming he is not guilty and that his arrest is politically motivated. He asserts that he is being punished for his criticisms of the Minister of Internal Affairs, Vilayat Eyvazov.

From September 30 to October 4, the Parliamentary Assembly of the Council of Europe (PACE) will discuss the worsening human rights situation in Azerbaijan during its autumn session in Strasbourg. For the session’s opening day, September 30, the issue has been added to the agenda under the title “Urgent procedure debate: ‘Deteriorating situation of human rights, rule of law, and democracy in Azerbaijan.” If the agenda is approved, the discussions are expected to begin on October 3, according to sources from the Council of Europe. Following the debate, recommendations will be made on possible actions against Azerbaijan for failing to meet its obligations to the Council of Europe’s Committee of Ministers. During this session, the Václav Havel Human Rights Prize will also be awarded, with Azerbaijani activist Akif Gurbanov, who is currently imprisoned, among the three nominees. The latest tensions between Azerbaijan and PACE began after Baku imposed a ban on MPs who had voted earlier this year to suspend the credentials of Azerbaijan’s delegation. A week ago, during a conference in Italy, President Ilham Aliyev remarked that the ban would only be lifted once the delegation’s credentials are fully restored. Frank Schwabe, head of Germany’s PACE delegation, urged Baku to “stop blackmailing” the Council of Europe and instead focus on fulfilling its obligations to the organization. Schwabe shared on social media: “The Parliamentary Assembly of the Council of Europe certainly cannot be blackmailed. The conditions are crystal clear. Azerbaijan must comply with all the rules of the Parliamentary Assembly without any ifs and buts.”

Corruption and Governance

On September 13, the Board of the Chamber of Accounts discussed the “Audit Report on the Management of State Funds and Property by the Seaside Boulevard Administration and its Subsidiary Organizations.” It was noted that the audit, covering the years 2021-2023, reviewed the use of a total of 47.9 million manats of state funds. During the meeting, it was mentioned that discrepancies were found in nearly all procedures related to the use of funds allocated from the state budget. The decision was made to approve the audit report, to address the deficiencies identified in financial accounting, tax obligations, and state property management, as well as to take necessary steps by the institution to rectify these issues. Additionally, considering the possibility of criminal elements in the identified legal violations related to the use of state funds and property, the relevant materials will be submitted to the Prosecutor General’s Office.

On September 16, the Central Election Commission (CEC) held its next meeting, during which several precinct election commissions were dissolved. The results from four precincts, where independent media identified violations, were annulled, and three commissions were disbanded. During the CEC meeting, Chairman Mazahir Panahov stated that Western countries observe elections in Azerbaijan with admiration. He added, “Our actions are taken at such a world-class level that they can’t find a reason to oppose us. This is a very pleasing situation. The world is gradually accepting Azerbaijan because there is no other option. We must continue fighting against biased attitudes towards us. Thanks to this fight, we’ve managed to eliminate 90% of these biased perspectives.” However, many local observers and the OSCE had noted serious fraud and flaws in the most recent parliamentary elections.