Azerbaijan: Council of Europe Commissioner calls for effective implementation of human rights reforms

In the report, the Commissioner welcomes the progress made since the country’s independence, in particular the efforts to improve the administration of justice and to remedy the difficult conditions of internally displaced persons (IDPs).

Mr Hammarberg also commends the strong commitment made by the authorities towards the implementation of the National Action Plan on the protection of human rights adopted in 2006. However, he identifies a number of shortcomings and makes concrete recommendations on remaining problems in relation to the judiciary, police behaviour and the situation of people sentenced to life imprisonment. He also points at the need of respecting freedom of expression and to put an end to discrimination.

The Commissioner recommends that the authorities should complete the reform of the judiciary so as to ensure its full independence, impartiality and effectiveness in line with European standards. He also draws attention to serious allegations of dubiously-motivated criminal prosecutions and/or disproportionate sentences, and calls for urgent measures to further the fight against corruption.

The report notes that allegations of torture during the investigative period still persist. The Commissioner expresses concerns over the practice of arbitrary arrests, particularly targeted against opposition members or journalists. He recommends specific actions such as appropriate human rights training for police officers and robust measures to investigate all allegations of abuse so as to avoid impunity.

Commissioner Hammarberg is also concerned about the conditions of detention of long-term prisoners, in particular those sentenced to life terms. He therefore recommends the adoption of effective policies to avoid the segregation and isolation of long-term prisoners, including those serving life sentences, and the establishment of a system to review lifetime detentions at an earlier stage.

The report notes that access to information remains a structural problem. The Commissioner welcomes the recent presidential pardon for several journalists, but regrets that it was limited in scope. He recommends that defamation be decriminalised.

The Commissioner adds that human trafficking is an alarming phenomenon in Azerbaijan, with too little protection offered to victims by the State. The Commissioner also recommends stronger action against domestic violence, including specific measures to combat spousal rape. On children’s rights, the report calls for information activities to prevent all forms of violence against children and recommends specific measures to ensure the protection of juveniles in the law enforcement and justice systems.