Azerbaijani Economist Fazil Gasimov Illegally Held in Disciplinary Isolation Amidst Hunger Strike, Raising Torture Concerns

Fazil Gasimov

BAKU, Azerbaijan – Economist Fazil Gasimov, sentenced to nine years imprisonment in March 2025, has been held in disciplinary isolation at the Umbaki penitentiary complex since May 21, following the initiation of a hunger strike on May 10. His family reports that Gasimov began his hunger strike in protest against violations of his rights within the complex.

During an appeal hearing on June 17, Gasimov explicitly stated that his placement in the disciplinary isolation cell, colloquially known as "karser," was a direct result of his hunger strike and that his release was conditional on him ending his protest. "Tribunat," a local investigative outlet, has examined the legality of this action, concluding it to be a clear violation of Azerbaijani law and international human rights standards.

Background to Gasimov's Imprisonment

Fazil Gasimov was detained in Turkey in 2023 and subsequently transferred to Azerbaijan. He was charged under the Criminal Code article concerning the preparation for sale, including obtaining or selling counterfeit money or foreign currency, when committed by an organized group. Gasimov denies these charges. His case is linked to that of prominent economist and opposition figure Gubad Ibadoglu, who was arrested in July 2023 on similar charges, as well as for the alleged preparation, storage, or distribution of religious extremist materials. Ibadoglu, who also denies the charges, was later released under house arrest and then placed under police supervision. Reports indicate that Gasimov's testimony against Ibadoglu was coerced under duress, including physical abuse.

Legal Basis for Disciplinary Isolation – And Why Gasimov's Case Doesn't Fit

According to Azerbaijani legislation, placement in a disciplinary isolation cell is a disciplinary measure with strict limitations. For men in investigative detention facilities, this period is capped at seven days, and in correctional institutions, up to fifteen days. Such measures require a reasoned decision from the head of the penitentiary institution.

Article 40 of the Law "On Ensuring the Rights and Freedoms of Persons Held in Detention Facilities" outlines the exceptional circumstances under which a person can be placed in disciplinary isolation. These include:

• Repeated violation of internal discipline rules by a person previously subjected to disciplinary measures at least twice within one year.

• Non-compliance with lawful demands of staff or threats against them.

• Threats against other persons performing official duties.

• Threats against other detained persons.

• Minor hooliganism.

Crucially, "Tribunat" found no information suggesting Fazil Gasimov violated any of these five grounds. His refusal to accept food is not considered a regime violation under the law.

Furthermore, the Ministry of Justice's Instruction "On the conditions of detention of convicts and detained persons who refuse to accept food in penitentiary institutions, as well as their forced feeding" dictates that hunger-striking individuals should be isolated from others and transferred to the medical-sanitary unit for medical supervision, not a disciplinary isolation cell. The "isolation room" mentioned in this instruction is explicitly not equivalent to disciplinary isolation.

Continued Unlawful Detention and Health Concerns

Gasimov's placement in disciplinary isolation on May 21 means that by June 4, his detention already exceeded the maximum permissible seven-day period for a detained person. Given his statement that his release is conditioned on ending his hunger strike, this violation appears to be continuous.

During the June 17 appeal hearing, Gasimov informed the court that he had been on hunger strike for 27 days and remained in the "karser." He also reported that Penitentiary Service employees forcibly confiscated additions and amendments he had written for his appeal complaint.

The Baku Court of Appeals, presided over by Judge Agil Musayev, rejected numerous defense petitions, including the termination of the criminal case, summoning Gubad Ibadoglu for questioning, and reviewing camera footage related to an alleged meeting between Ibadoglu and a witness named Anar Aliyev. Gasimov's objection to prosecutor Emil Mirzayev for "biased position" was also dismissed. The court only granted Gasimov's petition for a postponement, citing his deteriorating health due to the hunger strike and the confiscation of his documents. The next hearing is scheduled for July 29.

Harsh Conditions and Human Rights Violations

Placement in disciplinary isolation cells entails severe restrictions, including prohibitions on bringing in food and most personal items, receiving packages, playing games, and watching television. The right to walk is also reduced from two hours to one.

Both local and international bodies have consistently highlighted the deplorable conditions and misuse of disciplinary isolation in Azerbaijan. The European Committee for the Prevention of Torture (CPT), in its 2022 report on Azerbaijan, condemned the practice of placing individuals intending to harm themselves in disciplinary isolation. The 2023 report by the National Preventive Group of the Human Rights Commissioner (Ombudsman) of Azerbaijan pointed to violations of sanitary-hygienic rules, unsatisfactory material-household provisions, overcrowding, and the use of disciplinary isolation for minor regime violations. Local media further describe instances of poor treatment and involuntary long-term placement of political prisoners in these cells.

"Tribunat" concludes that Fazil Gasimov's placement in disciplinary isolation to deter his hunger strike constitutes a violation of his right not to be subjected to torture, inhuman, or degrading treatment, protected by Article 3 of the European Convention on Human Rights. This aligns with findings from the European Court of Human Rights in cases such as Insanov v. Azerbaijan and Aliyev v. Azerbaijan, which similarly found violations due to unsatisfactory detention conditions. Despite an Instruction that prohibits such treatment, Gasimov's case exemplifies a continued punitive approach to hunger strikes by penitentiary officials, rather than the recommended therapeutic approach.

The ongoing unlawful detention, harsh conditions, and apparent disregard for legal norms in Fazil Gasimov's case underscore broader concerns about human rights and the rule of law within Azerbaijan's penitentiary system.