The constitution provides for a republic with a presidential form of government. Legislative authority is vested in the Milli Mejlis (National Assembly). The presidency is the predominant branch of government, exceeding the judiciary and legislature. On February 9, the government conducted National Assembly elections. The election observation mission of the Organization for Security and Cooperation in Europe concluded that the National Assembly elections and the 2018 presidential election took place within a restrictive legislative framework and political environment, which prevented genuine competition in these elections.
The Ministry of Internal Affairs and the State Security Service are responsible for security within the country and report directly to the president. The Ministry of Internal Affairs oversees local police forces and maintains internal civil defense troops. The State Security Service is responsible for domestic matters, and the Foreign Intelligence Service focuses on foreign intelligence and counterintelligence matters. The State Migration Service and the State Border Service are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces. Members of security forces committed some abuses.
During 44 days of intensive fighting from September 27 to November 10 involving Azerbaijan, Armenia, and Armenia-supported separatists, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan, as well as the introduction of Russian peacekeepers to the region. Since 1995 the final status of Nagorno-Karabakh has been the subject of international mediation by the cochairs of the Organization for Security and Cooperation in Europe’s Minsk Group (the United States, France, and Russia). There was also an outbreak of violence with casualties along the international border between Azerbaijan and Armenia near Tovuz from July 12 to July 16. During the period of martial law from September 28 to December 12, which the government declared following the outbreak of hostilities on September 27, authorities restricted freedom of movement and access to information.
Significant human rights issues included: unlawful or arbitrary killing; torture; arbitrary detention; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary interference with privacy; politically motivated reprisal against individuals outside the country; pervasive problems with the independence of the judiciary; heavy restrictions on free expression, the press, and the internet, including violence against journalists, the criminalization of libel and slander, harassment and incarceration of journalists on questionable charges, and blocking of websites; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on freedom of movement; severe restrictions on political participation; systemic government corruption; police brutality against individuals based on sexual orientation; and existence of the worst forms of child labor. Significant human rights issues connected with the Nagorno-Karabakh armed conflict included unlawful killings, civilian casualties, and inhuman treatment.
The government did not prosecute or punish the majority of officials who committed human rights abuses; impunity remained a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed arbitrary or unlawful killings.
The Office of the Prosecutor General is empowered to investigate whether killings committed by the security forces were justifiable and pursue prosecutions.
Reports of arbitrary or unlawful killings in police custody continued. For example, on November 9, Talysh historian and activist Fakhraddin Abbasov reportedly died in Gobustan prison under suspicious circumstances. Prison authorities stated he committed suicide. On October 13, he reportedly announced that his life was in danger and warned family and supporters not to believe future claims he had died by suicide. Some human rights activists also noted suicide was against Abbasov’s religious views.
During the 44 days of intensive fighting involving Azerbaijan, Armenia, and Armenia-supported separatists, there were credible reports of unlawful killings involving summary executions and civilian casualties (see sections 1.b., 1.c., 1.d., 2.a., 5, and 6, and the Country Reports on Human Rights Practices for 2020 for Armenia). The sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities. The cases remained pending with the ECHR.
In early October, two videos surfaced on social media of Azerbaijani soldiers humiliating and executing two Armenian detainees in the town of Hadrut. On October 15, the videos were assessed as genuine by independent experts from Bellingcat, the BBC, and the Atlantic Council’s Digital Forensic Research Lab (DFRL). Armenian authorities identified the victims as civilian residents Benik Hakobyan (age 73) and Yuriy Adamyan (age 25). Digital forensic analysis by the DFRL and Bellingcat concluded the video footage was authentic, noting it was filmed in Hadrut, Nagorno-Karabakh, and showed the captives being taken by men speaking Russian and Azerbaijani and wearing Azerbaijani uniforms. One of the captors in the video was wearing a helmet typically worn by members of the Azerbaijani special forces, according to the Atlantic Council and Bellingcat analyses. The government stated the videos were staged.
In another high-profile example, on December 10, Amnesty International issued a report based on 22 videos it had authenticated, out of dozens of videos circulating on social media depicting atrocities committed by both Azerbaijanis and ethnic Armenians. Among these 22 videos, the Amnesty report documented the execution by decapitation of two ethnic Armenian civilians by Azerbaijani forces, one of whom wore a helmet that Amnesty reported was associated with special operations forces. Amnesty urged both countries to investigate what it described as “war crimes.”
There were credible reports of Azerbaijani forces and Armenian or ethnic Armenian separatist forces firing weapons on residential areas and damaging civilian infrastructure with artillery, missiles, and cluster munitions. Such attacks resulted in significant civilian casualties.
Azerbaijani armed forces allegedly used heavy artillery missiles, combat unmanned aerial vehicles (UAVs), and aerial bombs, as well as cluster munitions, hitting civilians and civilian facilities in Nagorno-Karabakh. The Azerbaijani government denied the accusations that the military shelled civilian structures. For example, on October 3 and December 11, Human Rights Watch criticized Azerbaijan’s armed forces for repeatedly using weapons on residential areas in Nagorno-Karabakh. On October 5, Amnesty International crisis response experts corroborated the authenticity of video footage–consistent with the use of cluster munitions–from the city of Stepanakert that was published in early October and identified Israeli-made cluster munitions that appeared to have been fired by Azerbaijani armed forces. The Hazardous Area Life-support Organization (HALO) Trust, an international nongovernmental organization (NGO) working in Nagorno-Karabakh to clear unexploded ordnance, confirmed the use of cluster munitions in operations striking civilian infrastructure in Nagorno-Karabakh during intensive fighting in the fall.
On November 2, the office of the UN High Commissioner for Human Rights criticized continuing attacks in populated areas in and around the Nagorno-Karabakh conflict zone. High Commissioner Michelle Bachelet noted that “homes have been destroyed, streets reduced to rubble, and people forced to flee or seek safety in basements.”
The Azerbaijani government reported 98 civilians killed and more than 400 wounded during the fighting. Armenian authorities reported 75 ethnic Armenian civilians were killed and 167 were wounded during the fighting.
There also was an outbreak of violence–including the exchange of fire using heavy weaponry and deployment of drones–at the international border between Azerbaijan and Armenia from July 12 to July 16. Recurrent shooting along the Line of Contact caused civilian deaths.
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. Most mistreatment took place while detainees were in police custody, where authorities reportedly used abusive methods to coerce confessions and denied detainees access to family, independent lawyers, or independent medical care. There also were credible reports that Azerbaijani and Armenian forces abused soldiers and civilians held in custody.
During the year the government took no action in response to the Council of Europe’s Committee for the Prevention of Torture (CPT) reports on six visits it conducted to the country between 2004 and 2017. In the reports the CPT stated that torture and other forms of physical mistreatment by police and other law enforcement agencies, corruption in the entire law enforcement system, and impunity remained systemic and endemic.
There were several credible reports of torture during the year.
For example, human right defenders reported that on April 28, Popular Front Party member Niyamaddin Ahmadov was taken from the Detention Center for Administrative Detainees and driven to an unknown location with a bag over his head, where he was beaten and physically tortured in an effort to obtain an allegedly false confession concerning illegal financing of the party. There were also reports that he was subsequently beaten in Baku Detention Center No.1, where he was moved after the government opened a criminal case against him.
Human rights defenders reported the alleged torture of Popular Front Party members Fuad Gahramanli, Seymur Ahmadov, Ayaz Maharramli, Ramid Naghiyev, and Baba Suleyman, who were arrested after a major rally the night of July 14-15 in support of the army following intensive fighting on the Azerbaijan-Armenia border (also see section 2.b., Freedom of Peaceful Assembly). The detainees’ location remained unknown for days, and they were deprived of access to lawyers and family members. Throughout their detention, friends, relatives, and lawyers were not allowed to visit for an extended period. The independent Turan News Agency reported that Gahramanli was “severely tortured” in Baku Detention Center No.1 after his arrest. Gahramanli reportedly refused the services of his independent lawyer after being forced to do so by government authorities. He was deprived of the right to call or meet with his family for months with the exception of one short call to his brother 10 days after his detention, when he informed him that he was alive. The call followed social media allegations that Gahramanli had died after being tortured in custody.
There were developments in the 2017 government arrest of more than 100 citizens in Terter who were alleged to have committed treason by engaging in espionage for Armenia. Family members and civil society activists reported that the government had tortured the accused in an effort to coerce their confessions, as a result of which up to nine detainees reportedly died. According to the independent Turan News Agency, four of the deceased were acquitted posthumously and investigators who had fabricated the charges against them were prosecuted, convicted, and received prison sentences of up to seven years. Following a closed trial of 25 individuals, at least nine remained in prison, some serving sentences of up to 20 years. On September 14, relatives of those killed or imprisoned in the case attempted to hold a protest at the Presidential Administration. They called for the release of those incarcerated, posthumous rehabilitation of those who died after being tortured, and accountability for those responsible.
There were numerous credible reports of cruel, inhuman, or degrading treatment in custody. For example, activist Fuad Ismayilov reported that on March 7, he was beaten in Police Department No. 32 of Surakhani District. Relatives reported that on June 21, he was also beaten by police officers in the Detention Center for Administrative Detainees.
Media outlets reported the mistreatment of imprisoned Muslim Unity Movement deputy Abbas Huseynov. Huseynov conducted a hunger strike of approximately three weeks to protest the ban on family-provided food parcels because of quarantine rules, as well as the high prices for food in the prison market. In response prison officials barred Huseynov from bathing or communicating with family. The prison administration also placed him in solitary confinement.
On June 8, police used excessive force while conducting an early morning raid in a residential building in Baku. A day earlier, building residents had thrown garbage at police officers while they were detaining a neighbor for violating the COVID-19 pandemic quarantine regime. During the operation police also treated some detainees in a humiliating manner by not allowing them to dress properly before removing them from their homes. On June 9, Karim Suleymanli, one of those detained, stated that police had beaten him for five hours while he was in custody. On June 10, Radio Free Europe/Radio Liberty (RFE/RL) reported that Suleymanli’s lawyer stated Suleymanli had obtained a medical report declaring that he had been severely beaten. According to Suleymanli, all 11 detained individuals were beaten in Police Department No. 29. Courts later sentenced them to administrative detention for periods of from 10 to 30 days. On June 9, Suleymanli’s sentence was postponed, and he was released because of his health condition. On June 16, the Baku Court of Appeal replaced his previous 15-day administrative detention with a fine. Following the event the Ministry of Internal Affairs dismissed one police officer for publicly insulting a local resident.
Authorities reportedly maintained an implicit ban on independent forensic examinations of detainees who claimed abuse and delayed access to an attorney. Opposition figures and other activists stated these practices made it easier for officers to mistreat detainees with impunity.
There were credible allegations that authorities forcibly committed opposition Popular Front Party member Agil Humbatov to a psychiatric hospital in Baku twice after he criticized the government. Human rights NGOs reported he was institutionalized on March 31 after posting a social media message criticizing the country’s leadership on March 30. On April 1, he reportedly was released; however, on April 2, he was reinstitutionalized after posting a message complaining authorities had forcibly placed him in the psychiatric hospital due to his political views. On July 1, he was released.
There were credible reports that Azerbaijani forces abused soldiers and civilians in their custody (see the Country Reports on Human Rights Practices for 2020 for Armenia). For example, on December 2, Human Rights Watch reported that Azerbaijani forces inhumanly treated numerous ethnic Armenian soldiers captured in the Nagorno-Karabakh conflict. According to the report, Azerbaijani forces subjected the detainees to physical abuse and humiliation in actions that were captured on videos and widely circulated on social media. Human Rights Watch was unable to verify the locations and times but was confident that none of the videos was posted before October-November.
Human Rights Watch closely examined 14 such cases and spoke with the families of five detainees whose abuse was depicted. According to one family’s account, on October 2, the parents of a youth named Areg (age 19) lost contact with him. On October 8, a relative alerted the family to two videos that showed Areg lying on top of an Azerbaijani tank and then sitting on the same tank and, on his captor’s orders, shouting, “Azerbaijan” and calling the Armenian prime minister insulting names. In mid-October according to the Human Rights Watch report, three more videos with the same person appeared on social media. One showed Areg, apparently in the back seat of a vehicle wearing a flowery smock and a thick black blindfold, repeating on his captors’ orders, “long live President Aliyev” and “Karabakh is Azerbaijan” and also cursing Armenia’s leader.
On December 10, an Amnesty International report authenticated 22 of the dozens of videos circulating on social media, which included–among other abuses–the mistreatment of Armenian prisoners and other captives (see the Country Reports on Human Rights Practices for 2020 for Armenia). According to Amnesty International, seven of the videos showed what it termed “violations” by “Azerbaijani forces.” According to the report, in some videos, Azerbaijani soldiers kicked and beat bound and blindfolded ethnic Armenian prisoners and forced them to make statements opposing their government.
As of year’s end, authorities had arrested four soldiers for desecrating bodies and grave sites.
According to Human Rights Watch, Azerbaijani armed forces reportedly used artillery missiles, aerial bombs, and cluster munitions, against Stepanakert and struck civilian infrastructure. According to the Armenian government and Armenian media reports, a diverse range of nonmilitary sites was hit, including medical emergency service centers and ambulances, food stocks, crops, livestock, electricity and gas plants, and drinking-water installations and supplies, as well as schools and preschools. According to the BBC, many homes in Stepanakert, Nagorno-Karabakh’s largest city, were left without electricity or water. The Azerbaijani government denied these accusations.
According to various international observers, Azerbaijani armed forces on multiple occasions struck near humanitarian organizations, such as the ICRC and HALO Trust, located in Stepanakert. On October 2, the Azerbaijani armed forces struck the emergency service administrative building in Stepanakert, wounding nine personnel and killing one. On October 14, three aircraft reportedly dropped bombs on the military hospital in Martakert, damaging the hospital and destroying nearby medical vehicles, all clearly marked as medical. On October 28, more than 15 strikes hit various areas of Stepanakert and Shusha. An Azerbaijani missile hit rescue personnel conducting humanitarian functions in Shusha, killing one person and seriously injuring five. Another missile, reportedly a high-precision, Long Range Attack (LORA) missile struck a Stepanakert hospital maternity ward. Unexploded missiles were later found inside the hospital. On November 2, an Azerbaijani UAV destroyed a fire truck transporting fresh water to civilians in the Askeran region.
e. Denial of Fair Public Trial
Although the constitution provides for an independent judiciary, judges were not functionally independent of the executive branch. While the government made a number of judicial reforms in 2019, the reforms did not foster judicial independence. The judiciary remained largely corrupt and inefficient. Many verdicts were legally unsupportable and largely unrelated to the evidence presented during a trial, with outcomes frequently appearing predetermined. For example, following the July 14-15 proarmy rally, judges sentenced Popular Front Party board members Fuad Gahramanli, Mammad Ibrahim, Bakhtiyar Imanov, and Ayaz Maharramli from three to four months of pretrial detention, although these political activists did not take part in the rally (see section 1.c.). Courts often failed to investigate allegations of torture and inhuman treatment of detainees in police custody.
The Ministry of Justice controlled the Judicial Legal Council, which appoints the judicial selection committee that administers the judicial selection process and examination and oversees long-term judicial training. The council consists of six judges, a prosecutor, a lawyer, a council representative, a Ministry of Justice representative, and a legal scholar.
Credible reports indicated that judges and prosecutors took instructions from the Presidential Administration and the Ministry of Justice, particularly in politically sensitive cases. There were also credible allegations that judges routinely accepted bribes.
In April 2019 President Ilham Aliyev signed a decree promulgating limited judicial sector reforms. The decree called for an increase in the salary of judges, an increase in the number of judicial positions (from 600 to 800), audio recordings of all court proceedings, and establishment of specialized commercial courts for entrepreneurship disputes. The decree also ordered increased funding for pro bono legal aid. Some measures called for in the decree, such as the establishment of commercial courts and a raise in judicial salaries, were implemented, while others remained pending at year’s end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
While the law provides for freedom of expression, including for the press, and specifically prohibits press censorship, the government habitually violated these rights. The government limited freedom of expression and media independence. Journalists faced intimidation and at times were beaten and imprisoned. During the year authorities continued to pressure media and journalists in the country and in exile, including their relatives.
Freedom of Speech: Although the constitution provides for freedom of expression, the government continued to repress persons it considered political opponents or critics. The incarceration of such persons raised concerns regarding authorities’ abuse of the judicial system to punish dissent. Human rights defenders considered five journalists and bloggers to be political prisoners or detainees as of year’s end. A number of incarcerations were widely seen as connected to the exercise of freedom of expression. For example, on November 16, Polad Aslanov, the editor in chief of the Xeberman.com and Press-az.com news websites, was convicted of alleged espionage and sentenced to 16 years in prison. Human rights defenders asserted the case was a reprisal for Aslanov’s public assertion that the State Security Service demanded bribes from Azerbaijani pilgrims seeking to travel to Iran.
The constitution prohibits hate speech, defined as “propaganda provoking racial, national, religious, and social discord and animosity” as well as “hostility and other criteria.”
In addition to imprisonment, the government attempted to impede criticism through other measures, including placing activists in administrative detention for social media posts critical of the government. For example, on April 22, the Surakhani District Court sentenced Popular Front Party activist Arif Babayev to 10 days of administrative detention for dissemination of prohibited information on the internet. Authorities also continued attempts to impede criticism by reprimanding lawyers to intimidate them from speaking with media, as the Council of Europe’s commissioner for human rights, Dunja Mijatovic, noted in July 2019.
During the period of martial law from September 28 to December 12, which the government declared following the outbreak of hostilities on September 27, the government reportedly imposed restrictions on the work of some local and international journalists in the area of the conflict.
Freedom of Press and Media, Including Online Media: Throughout the year government-owned and progovernment outlets continued to dominate broadcast and print media. A limited number of independent online media outlets expressed a wide variety of views on government policies, but authorities pressured them in various ways for doing so. In 2019 the International Research and Exchanges Board (IREX) Media Sustainability Index noted that “access to independent news sources in Azerbaijan gets more limited from year to year” and concluded that “there is no independent print media in the country.”
Authorities continued exerting pressure on leading media rights organizations and independent media outlets outside the country as well as individuals associated with them in the country. Foreign media outlets, including Voice of America, RFE/RL, and the BBC, remained prohibited from broadcasting on FM radio frequencies, although the Russian service Sputnik, which was also originally prohibited from broadcasting, was subsequently allowed to broadcast news on a local radio network.
Violence and Harassment: During the year police occasionally used force against journalists, as well as other methods, to prevent their professional activities. On February 12, for example, the Organization for Security and Cooperation in Europe (OSCE) representative on freedom of media, Harlem Desir, issued a statement deploring the previous night’s detentions, violent incidents, and mistreatment of at least eight journalists covering an election-related protest in Baku.
Local observers reported that journalists from independent media outlets were subjected to harassment and cyberattacks during the year. The harassment mainly targeted journalists from Radio Liberty, Azadliq and other newspapers, Meydan TV, and Obyektiv Television.
Civil society activists continued to call on the government to investigate effectively the high-profile killings of journalists Rasim Aliyev in 2015, Rafiq Tagi in 2011, and Elmar Huseynov in 2005.
Lawsuits believed to be politically motivated were also used to intimidate journalists and media outlets. On June 19, the Khatai District Court convicted of alleged hooliganism and sentenced Azadliq journalist Tazakhan Miralamli to limitation of liberty for one year. As a result he was required to wear an electronic bracelet and was prohibited from leaving his home from 11 p.m. to 7 a.m. each day. Miralamli and activists asserted the aim of the sentence was to limit his journalistic activities.
Most locally based media outlets relied on the patronage of individuals close to the government or the State Media Fund for income. Those not benefitting from such support experienced financial difficulties, such as problems paying wages, taxes, and periodic court fines.
During the intensive fighting in the fall, there were credible reports of violence against journalists by Azerbaijani forces. According to Reporters without Borders (RSF), on October 27, a group of reporters wearing bulletproof vests clearly marked with the word “Press” were targeted when leaving a town 20 miles east of Stepanakert. Tom Mutch, a freelancer from New Zealand working for the United Kingdom’s Byline Times news website, Chuck Holton, a war correspondent with Christian Broadcasting Network, and an American crew sent by the Armenian online news site Civilnet.am told the RSF that although they were in cars marked “PRESS” and there were no military objectives in the area, they were deliberately targeted after being spotted by drones.
On October 8, an Azerbaijani military aircraft bombed the Holy Savior (Ghazanchetsots) Cathedral in Shusha. Several hours after the initial bombing, as journalists were reporting live from the site on the damage to the cathedral, the cathedral was bombed a second time, with precision-guided munitions, gravely injuring three of the journalists present. Multiple international observers confirmed that there were no military targets in the vicinity of the cathedral.
Censorship or Content Restrictions: Most media outlets practiced self-censorship and avoided topics considered politically sensitive due to fear of government retaliation. The National Radio and Television Council continued to require that local, privately owned television and radio stations not rebroadcast complete news programs of foreign origin.
Libel/Slander Laws: Libel and slander are criminal offenses. The law provides for substantial fines and up to three years’ imprisonment for persons convicted of libel or slander. Conviction of insulting the president is punishable by up to two years’ corrective labor or up to three years’ imprisonment.
During the year reports continued that the government restricted or disrupted online access. During a period of martial law from September 27 to December 12 that the government imposed following the outbreak of violence, authorities blocked access to some websites and social networks. Internet blockages occurred from the beginning of the violence until November 14. Blockages included social media sites such as YouTube, Twitter, and Instagram and impeded the functioning of many virtual private networks (VPNs). Throughout the year authorities continued to block independent media websites that offered views differing from government narratives and to incarcerate persons who expressed critical views online. Human rights defenders also reported that individuals were regularly summoned to police stations across the country, forced to delete social media posts that were critical of the government, and threatened with various punishments if they did not comply. On multiple occasions the government selectively cut or degraded internet access during political protests.
The IREX Media Sustainability Index for 2019–the most recent year for which the index was available–reported that in 2018 the number of websites blocked for some period of time reached 85, compared with 25 in 2017. The websites of the Voice of America, RFE/RL, and Azerbaijani media outlets, including Azadliq, Bastainfo.com, Criminal.az, Topxeber.az, Fia.az, Monitortv.info, Xural.com, Az24saat.org, Anaxaber.az, and Arqument.az, and the Germany-based media outlet Meydan TV remained blocked by authorities during the year.
On March 19, the Plenum of the Supreme Court reviewed a request by the Ministry of Transport, Communications, and High Technologies to block alternate means of accessing media banned in the country (through VPNs and secondary transmission of content through sites such as YouTube), including Meydan TV, Radio Azadlig, Azadlig newspaper, Turan TV, and Azerbaijan Saati, and forwarded it for consideration of the Baku Court of Appeal. A decision on the request was pending. Activists asserted that authorities conducted cyberattacks and used other measures and proxies to disrupt internet television programs.
On April 13, authorities cut the internet and telephone connections of Popular Front Party chairperson Ali Kerimli and his spouse. Their telephone connections were restored, although overnight disruptions continued throughout the year. As of December 31, Kerimli and his spouse remained unable to access the internet. On June 23, the Nasimi District Court refused to review a lawsuit Kerimli and his spouse filed challenging the government’s denial of access to the internet and telephone communications.
From May 15 through the morning of May 19, the news websites Turan.az and its affiliate Contact.az experienced a massive cyberattack and were blocked twice. The attack took place after the websites published articles criticizing the government’s handling of the COVID-19 pandemic.
On June 24, Germany-based independent media outlet Meydan TV experienced a cyberattack that resulted in the deletion of all its Facebook posts since 2018 as well as two months of its content from Instagram.
On November 3, a Baku Court convicted journalist and chief editor of the online publication Azel.TV, Afgan Sadigov, of alleged extortion and sentenced him to seven years’ imprisonment. Human rights defenders considered the case to be politically motivated, as Sadigov had criticized officials in his social media posts and was previously convicted for his journalism activities. Sadigov went on a hunger strike while in prison to protest the conviction.
The government requires internet service providers to be licensed and to have formal agreements with the Ministry of Transport, Communications, and High Technologies. The law imposes criminal penalties for conviction of libel and slander on the internet, which had a further chilling effect on open and free use of the medium.
There were strong indications the government monitored the internet communications of civil society activists. For example, activists reported being harassed by police and forced to delete critical Facebook posts under threat of physical abuse. During the year activists were questioned, detained, and frequently sentenced to administrative detention for posting criticism of government actions and commenting on human rights abuses online. On January 14, Azerbaijan Internet Watch reported phishing attacks against several civil society figures and an online news platform. The attack sought to disable antivirus software and surreptitiously record key strokes. Based on forensic research, Azerbaijan Internet Watch and its partner Qurium–a media foundation with expertise in digital forensic investigations–concluded the attacker was connected with the government. Some activists were summoned by security forces for making antiwar posts online during the intensive fighting in the fall. For example, in November activist Latif Mammadov reported that State Security Service officials threatened to kill him and his family for his antiwar posts online.
Freedom House’s annual Freedom on the Net report for the period from June 2019 through May again rated the country’s internet status as “not free.” The report concluded the state of internet freedom slightly deteriorated during the period covered. Despite some restrictions, the internet remained the primary method for citizens to access independent media. For example, while Meydan, Azadliq, and other media outlets were blocked, social media users were able to access their reports through Facebook, where videos and articles were shared without restrictions.
Section 3. Freedom to Participate in the Political Process
Although the constitution provides citizens the ability to choose their government through free and fair elections held by secret ballot and based on universal and equal suffrage, the government continued to restrict this ability by obstructing the electoral process. While the law provides for an independent legislative branch, the National Assembly exercised little initiative independent of the executive branch.
Elections and Political Participation
Recent Elections: In December 2019, the president dissolved the National Assembly in response to an appeal to do so by the National Assembly and announced early elections for the body to be held on February 9.
Some opposition parties boycotted the election, citing the restrictive environment, while other opposition parties and groups took part. According to the OSCE ODIHR election observation mission, the restrictive legislation and political environment prevented genuine competition in the February 9 elections. ODIHR concluded that voters were not provided with a meaningful choice due to a lack of real political competition and discussion. Although many candidates utilized social media to reach out to voters, use of social media generally did not compensate for the absence of campaign coverage in traditional media. ODIHR observed several instances of pressure on voters, candidates, and candidates’ representatives. International and local observers reported significant procedural violations during the counting and tabulation of votes, including ballot-box stuffing and carousel voting. ODIHR concluded the flaws “raised concerns whether the results were established honestly.” Domestic nonpartisan election observers concluded the election results did not reflect the will of the people.
Similarly, in 2018 the president issued a decree advancing the presidential election from October 2018 to April 2018. Opposition parties boycotted the election, blaming a noncompetitive environment and insufficient time to prepare. According to the ODIHR mission that observed the election, the presidential election took place in a restrictive political environment and under a legal framework that curtailed fundamental rights and freedoms that are prerequisites for genuine democratic elections. The mission concluded that, in the absence of pluralism, including in media, the election lacked genuine competition. International and local observers reported widespread disregard for mandatory procedures, lack of transparency, and numerous serious irregularities, such as ballot-box stuffing and carousel voting, on election day.
Following a 2016 referendum, constitutional amendments extended the presidential term from five to seven years and permitted the president to call early elections if twice in one year legislators passed no-confidence measures in the government or rejected presidential nominees to key government posts. The amendments also authorized the president to appoint one or more vice presidents, designating the senior vice president as first in the line of presidential succession. In 2017 the president appointed his wife, Mehriban Aliyeva, as first vice president. While observers from the Council of Europe’s Parliamentary Assembly reported the 2016 referendum was well executed, independent election observers identified numerous instances of ballot-box stuffing, carousel voting–a method of vote rigging usually involving voters casting ballots multiple times–and other irregularities, many of which were captured on video. Observers reported significantly lower turnout than was officially reported by the Central Election Commission.
Political Parties and Political Participation: The number of registered political parties increased from 55 to 63 during the year due to the registration of eight political parties, including the REAL party, the first such registrations since 2011. The ruling New Azerbaijan Party, however, continued to dominate the political system. Domestic observers reported membership in the ruling party conferred advantages, such as preference for public positions. Following the February 9 National Assembly elections, the body included only one representative of the country’s main opposition parties. The National Assembly had not included any opposition representatives since 2010.
During the year a Presidential Administration official established direct communication with some of the country’s 63 political parties and groups. The official held meetings with political figures, including representatives of selected opposition parties, throughout the year. Despite the dialogue, however, restrictions on political participation continued.
Opposition members were generally more likely than other citizens to experience official harassment and arbitrary arrest and detention. Members of opposition political parties continued to be arrested and sentenced to administrative detention after making social media posts critical of the government or participating in peaceful rallies (see section 2.b., Freedom of Peaceful Assembly). From mid-March to mid-May, 16 members of the opposition Popular Front Party were arrested and sentenced to administrative detention mainly for violating the quarantine regime and resisting police charges. Human rights defenders estimated the country’s courts sentenced Popular Front Party activists to periods of administrative detention approximately 40 times during the year.
According to domestic NGOs, eight opposition party members were considered to be political detainees or prisoners, including Popular Front Party members Babek Hasanov, Agil Maharramov, Orkhan Bakhishli, Saleh Rustamli, Pasha Umudov, Elchin Ismayilli, Alizamin Salayev, and Niyamaddin Ahmadov.
Prior to its registration on August 31, the REAL party was unable to rent space to hold a founding congress. In light of this difficulty, the Presidential Administration official responsible for liaising with political parties suggested that the party hold its congress online, which REAL did in August. Opposition parties continued to have difficulty renting office space, reportedly because property owners feared official retaliation. Regional opposition party members often had to conceal the purpose of their gatherings and held them in teahouses and other remote locations. Opposition parties also faced formal and informal financing obstacles. For example, authorities continued to limit their financial resources by punishing those who provided material support, firing members of opposition parties, and employing economic pressure on their family members.
Restrictions on local civil society organizations limited their ability to monitor elections. Such restrictions included legal provisions severely constraining NGO activities and the inability of NGOs to obtain registration, which was required for legal status. For example, two nonpartisan election-monitoring organizations (the Election Monitoring and Democracy Studies Center (EMDS) and the Institute for Democratic Initiatives) remained unregistered. The EMDS Center also reported that independent election observers were subjected to physical and psychological pressure during the February 9 National Assembly elections.
Participation of Women and Members of Minority Groups: No law limits the participation of women and members of minorities in the political process, and they did participate. The first lady also held the appointed position of first vice president. The head of the State Committee for Family, Women, and Children Affairs (SCFWCA), a cabinet-level position, was a woman, and 17.6 percent of members of the National Assembly, including the speaker of the Assembly, were women.
Female activists often faced additional pressure and harassment. For example, local officials launched a gender-based harassment and intimidation campaign against Vafa Nagi, a member of the Kholgaragashli municipal council of the Neftchala District, after she publicly raised governance concerns regarding water access and the illegal sale of lands. On June 16, the local municipal council chair reportedly ordered authorities to hang photographs of Nagi dressed in her swimsuit with the caption “Lady Gaga” throughout the conservative village to shame her and her family members.