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Thomas Hammarbergâ€™s report on Azerbaijan

29 June 2010 12:44 (UTC +04:00)

Commissioner Thomas Hammarberg and his delegation visited Azerbaijan from 1 to 5 March 2010. In the course of the visit, the Commissioner held discussions on the human rights situation, with a particular focus on issues which require pressing attention, with national and local authorities, as well as representatives of civil society.
Over the past years, a number of media workers have been sentenced under defamation provisions, including Eynulla Fatullayev. In a judgment of 22 April 2010, the European Court of Human Rights called upon the Azerbaijani authorities to secure Mr Fatullayevâ€™s immediate release. The Commissioner urged the authorities to do so without delay and stressed that all journalists and any other persons imprisoned because of views or opinions expressed should be released immediately. Furthermore, decriminalisation of defamation is an essential step for the protection of freedom of expression, and any reform should follow the standards established by the European Court of Human Rights.
The Commissioner is particularly concerned by reports of threats, harassment, and violence against journalists or human rights activists which have not been investigated. The Commissioner noted that in certain instances resort has been made to various provisions in the Criminal Code - such as incitement to racial, national and religious hatred, hooliganism, tax evasion, drug possession and terrorism - to prosecute journalists. As a result, certain journalists or other persons who have expressed critical views have been targeted. This appeared to be the case in the trial against the two youth activists from Baku, Emin (Milli) Abdullayev and Adnan Hajizadeh.
Recent legislative amendments could have a negative impact on journalistsâ€™ activities, notably on their right to impart information, and might contravene Article 10 of the European Convention on Human Rights and the related case-law of the European Court of Human Rights.
Furthermore, the Commissioner expressed concerns about recent legislative changes which could limit the freedom of association in Azerbaijan. The Commissioner cautioned against attempts to control activities of NGOs in an unduly strict manner, and urged the authorities to strengthen their efforts to guarantee freedom of association.
The visit to the Autonomous Republic of Nakhchivan was the Commissionerâ€™s first to this part of Azerbaijan and provided an opportunity for initiating a dialogue on human rights issues with the authorities of Nakhchivan, particularly on the need to remove any obstacles to the free functioning of civil society, which is a crucial element of pluralist democracy.
In the context of a brief visit to the psychiatric hospital in Nakhchivan City, the Commissioner recalled that involuntary placement in psychiatric institutions always requires a court decision, issued on the basis of a medical assessment.
The Commissioner also visited the village of Bananyar. The main purpose of the visit was to discuss the recent incidents in the village, where a clash reportedly occurred between the villagers and the police during the celebration of the Ashura religious ceremony in December 2009. The Commissioner received contradictory information on the events, which generates many unanswered questions. An independent and transparent investigation should be undertaken into ill-treatment allegations.