US Department of State: "Azerbaijan's human rights record remained poor"

Azerbaijan's human rights record remained poor. While there were some improvements in the period leading up to the November 6 parliamentary elections, the elections failed to meet a number of international standards. The Government partly restored freedom of assembly in the months leading up to the election. However, members of the security forces used excessive force to disperse unauthorized rallies as well as one authorized post-election rally, beating opposition party members and some journalists covering the events. The Government routinely detained opposition party members for several days often on spurious grounds. There were credible reports that security forces beat and tortured detainees. Human rights monitors reported that alleged abuse and mistreatment contributed to four prison deaths. Prison conditions continued to be harsh and life-threatening, and pretrial detention remained lengthy. The judiciary was corrupt, inefficient and dominated by the executive branch. Freedom of speech and of the press were at times subject to attack, as journalists continued to face disproportionately high libel judgments for slander committed against government officials, although the number of these suits declined. There was vigorous public debate of the Government's policies in the press. The Government restricted some religious freedoms of Muslims and Christians, citing its right to protect society from radical Islam and social instability. The Government adopted legislation to combat corruption and trafficking in persons (TIP), but has only begun implementation and has not yet undertaken vigorous investigation and prosecution.

The U.S. human rights and democracy strategy for Azerbaijan focused on promoting democratic parliamentary elections, a transparent and accountable government, a free and responsible media, freedom of assembly and association, a vibrant civil society, rule of law, human rights, religious freedom, and anti-TIP measures.

To promote a democratic electoral process, U.S. officials regularly met with representatives of political parties, a range of human rights and democracy activists and government officials. The Under Secretary for Global Affairs and Democracy, the Assistant Secretary for European and Eurasian Affairs, and several Members of Congress traveled to Azerbaijan in 2005 to reinforce U.S. support for democracy and human rights, and their application in democratic parliamentary elections.

The United States intensified its efforts to encourage democratic reform through sustained high-level government intervention, public diplomacy outreach, and training programs. The Ambassador and visiting senior U.S. officials regularly engaged Azerbaijani officials in dialogue on the need to conduct elections consistent with international standards. The United States repeatedly raised specific concerns with Azerbaijani officials, including the need to deter fraud and other interference in the electoral process, prosecute cases of such interference, and permit domestic nonpartisan organizations to monitor the elections. The Ambassador co-led the "Friends of Azerbaijan" diplomatic group, which regularly engaged the Government on democratic reform. The United States encouraged Azerbaijan to meet its OSCE commitments.

The Ambassador called for democratic elections through the media over 50 times during the year. U.S. programs trained 1,200 political candidates on the basics of campaigning, 1,000 local election officials on the mechanics of carrying out a democratic election process, and 500 judges and lawyers on fair adjudication of the election code. A U.S.-sponsored exit poll provided an independent estimate of the results in half of the races, helped to corroborate credible allegations of fraud, and contributed to public debate on such fraud.

The United States funded numerous campaigns encouraging citizens to vote, which were tailored to target various voter groups. As part of an effort to encourage political dialogue and issue-based parliamentary elections, the United States supported the organization and broadcast of debates between parliamentary candidates in the regions. U.S. programs funded the translation and publication of American books on democracy in an effort to strengthen public knowledge of democratic principles and values.

The U.S. contributed observers to the OSCE international election observation mission. The Embassy separately fielded 35 observer teams to monitor the elections. U.S. programs funded and trained 2,000 domestic election observers. When serious irregularities marred the vote counting and tabulation of results, senior U.S. officials raised concerns with the authorities and the United States issued a statement calling for corrective action. Before and after the elections, the United States urged the Central Election Commission to forward complaints of election code violations to the Prosecutor General's Office.

U.S. officials repeatedly urged the Government to respect media freedom. The United States advocated the launch of the country's first public television channel, which went on air in August 2005, and supported its nascent programming. The United States assisted with the organization of a regional television network to improve the financial solvency of local stations and promote free media. U.S. funding supported the professional development of journalists and advocacy for media rights. U.S.-supported programs provided extensive ongoing technical and programming assistance to several television stations and newspapers. A U.S. program funded training for three TV journalists who went to the United States to study best practices and coverage of democratic processes. Through the International Visitors Leadership Program (IVLP), the United States trained government spokespersons on how to develop and maintain positive relationships with the media. To promote freedom of expression, the United States sponsored a high school debate society network to encourage young people to voice their opinions.

In the aftermath of the murder of prominent independent journalist Elmar Huseynov, U.S. officials encouraged the Government to conduct a fair and impartial investigation into his death and provided technical law enforcement assistance to facilitate the investigation.

The United States continued to support the development of civil society in Azerbaijan by using technical assistance, grants, and IVLPs to support the activities of local NGOs, encourage dialogue between the Government and civil society, and educate the Government about democratic practices in the United States. U.S. grants helped NGOs develop community networks to strengthen participatory government on a national and local level. The United States funded human rights training for eight Azerbaijanis representing different parts of society on how American law and society address freedom of the press and religion, as well as child labor, women's and refugee's issues. U.S. funding supported the establishment of regional information centers that provided independent information. U.S.-funded projects supported the active participation of women in civil society and empowered women to engage local governments in cooperative problem-solving.

U.S. officials repeatedly urged Azerbaijani officials to authorize peaceful demonstrations by opposition parties, which contributed to the Government's partial restoration of freedom of assembly in June. U.S. officials monitored police conduct at political rallies, and the Embassy publicly condemned the excessive use of force against demonstrators. The United States voiced its concerns to all levels of the Government regarding the international right of political parties to organize and demonstrate peacefully against government policies.

U.S. officials promoted respect for the rule of law and the United States funded a variety of rule of law programs. U.S. officials advocated respect for the rule of law during government investigations of individuals accused of fomenting a coup. U.S.-funded programs worked to strengthen the professional development of judges and lawyers, and to assist them in developing codes of ethics, reconstituting the bar association and the administration of a bar exam, expanding programs for law students, helping women to gain better access to justice, and conducting a legal literacy program for the general public. The United States continued to work with law schools on curriculum development and new teaching methodologies. U.S. funding and expertise helped to establish a legal database project, which provided easy access and use of legal framework documents for the legal profession and the general populace. This database will expand the resources available to promote rule of law.

The United States funded programs to increase the professionalism and skills of the judiciary, procuracy, and the defense bar to improve legislation and to implement new anti-corruption legislation. The United States continued to work with the Government and private lawyers to implement the Law on Advocates and to develop an independent bar association. U.S.-funded programs provided training and material to judges, prosecutors, and attorneys on the European Convention on Human Rights, fair trials, and international standards for pretrial detention procedures. A U.S. program provided technical assistance to investigators and prosecutors to encourage evidence-based investigations, which could help decrease forced confessions. The United States sent two judges and one member of the Azerbaijani Young Lawyers Association to the United States to strengthen their skills and understanding of how free, open-market societies combat corruption and promote the rule of law.

U.S. officials repeatedly urged the Government to ensure that police complied with human rights standards and to hold police officials accountable for torture, abuse, or misconduct, and routinely visited detainees during the pre-election period. U.S.-funded training courses focused on the obligation of the police to uphold international human rights by respecting freedom of speech and assembly. The United States funded NGO prison monitoring and U.S. officials visited prisons to focus attention on poor conditions. Several U.S.-funded projects supported the protection of women's rights. The United States funded the reprinting and distribution of the Azerbaijani Human Rights Self Study Manual "Thirty-three Steps Up" to strengthen awareness of the existence and importance of human rights. U.S. grants supported the education of children on basic human rights in an effort to create an early childhood awareness.

The United States continued to support a program, which it helped design, to integrate human rights into training for security forces guarding the Baku-Tbilisi-Ceyhan pipeline.

The United States actively encouraged respect for religious freedom, including the right to practice religion without unnecessary interference or restriction. U.S. officials frequently stressed the importance of respecting religious freedom to government officials. The Embassy and officials in Washington maintained close connections with local religious communities. A U.S. project funded high school debates on the role and importance of religious tolerance in society. The Embassy actively spread the message about religious tolerance and Islam in America throughout the year. The Ambassador and a senior Embassy official each hosted Iftaar dinners in November.

The United States promoted anti-TIP measures and effective preventive mechanisms in meetings with government officials and through programs that included a TIP awareness campaign conducted by NGOs and technical assistance in implementing new anti-TIP legislation. The United States funded two experts to help government officials develop the policies and procedures for a police anti-TIP unit. The United States provided drafting expertise and coordinated an international review of draft anti-TIP legislation to ensure the June legislation, and corresponding criminal code amendments adopted in October, met international standards.

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