Human Rights Concerns Persist in Azerbaijan Amidst Allegations of Widespread Abuse and Repression

A recent report indicates that there were no significant changes in the human rights situation in Azerbaijan during the past year, with credible reports highlighting a consistent pattern of abuse and repression. The government has notably failed to take credible steps to identify and punish officials responsible for human rights abuses, with no reported progress on investigations into alleged abuses committed during the 2020 hostilities.

Allegations of Extrajudicial Killings and Torture

Reports indicate that the government or its agents committed arbitrary or unlawful killings, including isolated incidents of incarcerated individuals dying in custody. For instance, media reported that Elvin Iskandarov died while in police custody in Sumgait, with his family alleging he was killed by security officials and witnessed visible injuries on his body. His brothers claimed they were beaten along with Elvin, who allegedly succumbed to blows to the head. The Ministry of Internal Affairs, however, attributed his death to natural causes.

Torture and cruel, inhuman, or degrading treatment or punishment remain a significant concern. Despite constitutional and legal prohibitions, multiple credible allegations of such abuses persist, primarily occurring in police custody to coerce confessions. Detainees are often denied timely access to family, independent lawyers, or medical care. The UN Committee against Torture expressed alarm over "widespread and persistent reports of the routine use of torture and mistreatment," particularly by the State Security Service and the Main Department for Combating Organized Crime. Allegations include electric shocks, beatings, binding in contorted positions, simulated suffocation, extraction of fingernails, and sexual violence.

Further corroborating these concerns, a 2022 report by the Council of Europe's Committee for the Prevention of Torture (CPT) raised issues regarding severe mistreatment and torture by police, describing it as systemic and endemic within the law enforcement system, noting the government's refusal to cooperate. Impunity for abuse within the Ministry of Internal Affairs and Penitentiary Service is a significant problem. Accounts from detainees, such as Ulvi Hasanli, editor-in-chief of Abzas Media, describe "degrading and inhuman" conditions in detention centres, including severe physical beatings, hanging of prisoners from bars, handcuffing in painful positions, and threats against relatives.

Suppression of Freedom of Expression and Media

The government habitually violates constitutional provisions for freedom of expression and press freedom, imposing serious restrictions on media and internet freedom. Journalists, editors, and independent bloggers face intimidation, violence, beatings, and imprisonment. The government actively limits freedom of expression and media independence, with observers noting the judicial system's apparent abuse to punish dissent.

Key issues include:

• Physical Attacks and Imprisonment: Journalists are subjected to violence, harassment, and intimidation by authorities, both online and offline. Police use force to prevent professional activities.

• Targeting of Independent Media: The government routinely arrests independent journalists, especially those investigating corruption or critical of officials. Sevinj Vagifgizi, editor-in-chief of Abzas Media, was detained on smuggling charges, widely seen as retaliation for her anti-corruption work. As of year's end, she remained imprisoned, alongside five other journalists linked to Abzas Media. Between November 2023 and November, authorities arrested at least 40 independent journalists and civil society activists, with credible reports of physical abuse in custody.

• Censorship and Self-Censorship: Most media outlets practice self-censorship to avoid government retaliation. Foreign news programmes are restricted, and foreign radio stations are generally banned from direct broadcast. The Russian service Sputnik, however, is freely allowed to broadcast.

• Restrictive Media Law: The 2022 media law imposes strict requirements for journalists and outlets, including higher education and an Azerbaijani founder, making registration difficult for independent entities. Most local media rely on government-affiliated patronage, facing financial difficulties without it.

• Criminalisation of Speech: Libel and slander are criminal offences, with penalties up to three years' imprisonment, routinely used to silence critics. Insulting the president is also punishable by imprisonment. Opposition Popular Front Party chairperson Ali Karimli was criminally charged in what critics assert were fabricated accusations to stifle political opposition.

Internet Freedom and Transnational Repression

Internet freedom in Azerbaijan has "plummeted further," marked by widespread arrests, increased self-censorship, and government manipulation of information. Numerous international and domestic independent websites critical of the government remain blocked. Authorities are alleged to conduct cyberattacks and use bots or trolls to manipulate social media discourse, harassing and intimidating online users critical of government policy. Activists report being forced by police to delete critical social media posts under threat of physical abuse.

Furthermore, the government is reportedly engaged in acts of transnational repression. Credible allegations include:

• Extraterritorial Violence: The government allegedly uses violence or threats against individuals in other countries as political reprisal, including paid "trolls" threatening exiled activists. In a notable case, Vidadi Iskandarov, a prominent political emigrant and government critic, was fatally attacked in his apartment in France, prompting calls for investigation into all possible motives, including his criticism of the Azerbaijani government.

• Surveillance and Coercion: There are indications of politically motivated surveillance outside the country and digital harassment of dissidents and journalists abroad. Family members remaining in Azerbaijan allegedly face intimidation.

• Misuse of International Law Enforcement Tools: Credible reports suggest the government misuses international law enforcement tools for politically motivated purposes against individuals abroad. For example, Azerbaijani journalist Afgan Sadigov, self-exiled in Georgia, was arrested by Georgian authorities based on an Azerbaijani request for alleged "extortion," raising human rights concerns regarding potential extradition.

Conflict-Related Issues and Disappearances

Complaints submitted by the governments of Armenia and Azerbaijan to the European Court of Human Rights regarding alleged atrocities during the 2016-20 and September 2022 fighting await rulings. The UN Committee against Torture has expressed concern over "severe and grave violations of international humanitarian law and human rights law committed by Azerbaijani military forces against prisoners of war and other protected persons of Armenian ethnic or national origin" since 2019. A UN Working Group also raised concerns about the alleged enforced disappearance of 23 Armenian soldiers and one civilian following their captivity in 2020, to which the government did not respond.

A Freedom House report alleges that the Azerbaijani government implemented a comprehensive strategy to empty Nagorno-Karabakh of its ethnic Armenian population between 2020 and 2023, involving attacks, intimidation, deprivation of basic rights, and forced displacement. As of October 24, only 15 ethnic Armenian residents reportedly remained in Nagorno-Karabakh. Reports also detail the destruction of cultural heritage sites and alleged ransacking of apartment buildings in Khankendi. Meanwhile, work continues to locate mass graves associated with previous rounds of fighting, with the remains of at least 27 Azerbaijanis found during the year in areas previously controlled by ethnic Armenian forces. Since 2020, 70 individuals have died and 311 were injured by land mines in areas previously controlled by Armenian forces, with 54 of the dead being civilians.

On the issue of disappearances, approximately 4,000 Azerbaijanis and 1,000 Armenians remain unaccounted for since the 1990s conflicts.

Worker Rights and Arbitrary Detention

While the law allows for independent trade unions and collective bargaining, significant or systematic restrictions on workers’ freedom of association persist. Virtually all unions are members of the government-affiliated Azerbaijan Trade Unions Confederation (ATUC), which many workers assert does little to protect their interests. Few independent trade unions exist, and those that do are unable to register. Laws related to freedom of association and the right to strike are not effectively enforced, with penalties rarely applied against violators.

Labour activists, particularly those organising independent contractors like food delivery workers, face harassment. Several activists from the independent Trade Union Confederation Workers Desk, including Afiyaddin Mammadov, Mohyaddin Orujov, Aykhan Israfilov, and Elvin Mustafayev, remained imprisoned following an August 2023 food delivery workers’ strike, with some NGOs asserting these were unrelated criminal charges brought to suppress activism.

Arbitrary arrest and detention remain significant human rights issues. Although the law prohibits arbitrary detention and mandates court appearances within 48 hours, authorities frequently do not observe these requirements. Individuals are at times detained longer than 48 hours without warrants. Local human rights organisations report that authorities often make arrests based on spurious charges, particularly targeting opposition and other activists with administrative charges. Lengthy pretrial detention is a significant problem, especially for political figures and activists, often used as a tool for political repression and sometimes exceeding the maximum term. Detainees are frequently denied prompt access to an attorney of their choice, and contact with relatives is occasionally restricted. A notable example is the December 2023 arrest of prominent opposition leader Tofig Yagublu on fraud charges, which NGOs assert was arbitrary with lack of evidence, and he was held incommunicado for significant periods.

In summary, the human rights situation in Azerbaijan continues to be characterised by a lack of government accountability, severe restrictions on fundamental freedoms, allegations of widespread torture and ill-treatment, and ongoing concerns related to conflict-affected populations and transnational repression.