Azerbaijan in the Council of Europe

Last updated

Azerbaijan has been a member of the Council of Europe, an international organization that focuses on strengthening democracy and human rights, since 2001. [1] As a member, it has attracted attention for holding political prisoners, low implementation of verdicts of the European Court of Human Rights (ECtHR), and bribing Council of Europe parliamentarians to suppress negative information about its human rights record. In 2017, the Committee of Ministers launched the first ever infringement proceeding against Azerbaijan after it refused to release opposition politician Ilgar Mammadov after a 2014 ECtHR verdict that his imprisonment was unlawful. There has also been criticism of Azerbaijan's continued membership by those who believe its lack of human rights protection undermines the credibility of the Council of Europe.

Contents

Accession

Azerbaijan was the 43rd country to join the Council of Europe on 25 January 2001, the same day as Armenia. The country signed the European Convention on Human Rights as a condition for membership. [1] Another condition was the release of all political prisoners. [2] Controversially, the OSCE had monitored Azerbaijan's 2000 elections and determined that they did not meet international standards. Only democracies are allowed to join the Council of Europe. [1] [2] At the time of accession, it was hoped that membership would improve Azerbaijan's democratic standards and adherence to human rights. [2] [1] Since joining the Council of Europe, Azerbaijan has not held an election deemed free and fair by international observers, typically involving fraud by the government. The country has been ruled continuously by Heydar Aliyev and his son Ilham Aliyev. [3] [4] Dispute with Azerbaijan over its holding of political prisoners, which Azerbaijan has denied, led the Council of Europe to develop a formal definition of who qualifies as a political prisoner. [5] In 2014, Azerbaijan held more political prisoners than any other Council of Europe country, estimated at 142 the previous year. [6]

European Court of Human Rights

Implementation of leading cases from the last 10 years as of August 2021. No implementation is colored black while 100% implementation is white. Average implementation is 53%, with the lowest being Azerbaijan (4%) and Russia (10%) and the highest Luxembourg, Monaco, and Estonia (100%) and Czechia (96%). Implementation of European Court of Human Rights verdicts as of August 2021.svg
Implementation of leading cases from the last 10 years as of August 2021. No implementation is colored black while 100% implementation is white. Average implementation is 53%, with the lowest being Azerbaijan (4%) and Russia (10%) and the highest Luxembourg, Monaco, and Estonia (100%) and Czechia (96%).

As of 2021, Azerbaijan has the lowest rate of compliance of any Council of Europe member state with implementing leading judgements of the European Court of Human Rights from the last 10 years. Leading judgements are a subset of cases involving serious or systemic human rights violations and only 4% of such cases against Azerbaijan led to a rectification of the underlying human rights violation. Overall 47 leading ECtHR judgments against Azerbaijan have not been implemented. [8] [9]

Leading ECtHR cases concerning Azerbaijan (incomplete list)

Other ECtHR cases concerning Azerbaijan (incomplete list)

Interstate cases

In late 2020, both Armenia and Azerbaijan filed cases against each other related to the 2020 Nagorno-Karabakh war, Armenia v. Azerbaijan as well as Azerbaijan v. Armenia. The Grand Chamber of the European Court of Human Rights is to consider both cases. [21]

Committee for the Prevention of Torture

In 2018, the Council of Europe's Committee for the Prevention of Torture reported that torture and ill-treatment are "widespread and systematic" by Azerbaijan's law enforcement agencies. [22] Physical and psychological violence are used to extract confessions, punish people for activism or being members of marginalized groups such as LGBT community or minority religions. The Azerbaijani government disagreed with these findings. [22]

Parliamentary Assembly of the Council of Europe

In the first few years of Azerbaijani membership in the Council of Europe, PACE passed multiple resolutions condemning Azerbaijan for holding political prisoners. Aliyev released hundreds. In 2001, Swiss politician Andreas Gross  [ fr ] became the Council of Europe rapporteur for Azerbaijan. In 2006 he decided to challenge the credentials of Azerbaijan's PACE delegation on the grounds of vote-rigging and other violations of Council of Europe standards. By 100 votes to 67, PACE declined to sanction Azerbaijan. [2]

According to a 2012 report from the European Stability Initiative, Azerbaijan's corrupt "caviar diplomacy" began shortly after it joined the Council of Europe in 2001 and accelerated after the younger Aliyev became president in 2003. PACE members were given expensive gifts (including silk carpets, gold, caviar, and money) and invited on trips to Baku, although not all voted in favor of Azerbaijan for corrupt reasons. [23] In 2013, a critical report on political prisoners in Azerbaijan by German representative Christoph Strässer  [ de ] was voted down by 125 votes to 79 with 20 abstentions. [24] Italian PACE representative Luca Volontè was paid to derail the report. Italian prosecutors investigated Volontè, and in 2021 he was sentenced to four years in prison for accepting €2 million ($2.43 million) in bribes from two Azerbaijani politicians. In 2014, Azerbaijan launched a crackdown on civil society. [25]

In 2018, 13 members of the Parliamentary Assembly of the Council of Europe were expelled for accepting bribes from Azerbaijan. [26] PACE's Independent Investigation Body investigated the allegations of corruption against Azerbaijan and came to the conclusion that the corruption succeeded in softening criticism of Azerbaijan's human rights record. [27] Such "naming and shaming" is a crucial tactic in combating human rights violations. [2]

In 2020 PACE passed a resolution urging Azerbaijan to release its political prisoners. [28]

Reputational cost of membership

Austrian political scientist Gerald Knaus charges that through violating human rights and maintaining its position in the Council of Europe, Azerbaijan "has managed to steal the soul of Europe’s most important human rights institution". [2] Knaus states that the Council of Europe intended that membership would change Azerbaijan's human rights and democracy record, but instead Azerbaijan "captured" the Council of Europe, both by bribery of PACE members as well as continuing its membership in the organization while holding political prisoners and manipulated elections. [2]

International law scholars Kanstantsin Dzehtsiarou and Donal K Coffey cite Azerbaijan as one of the Council of Europe member states that show "persistent and clear disregard of the values and aims of the CoE". [27] Dzehtsiarou and Coffey conclude that ECtHR judgements are not effective in bringing about structural change if there is no political will to implement them in the member state. The fact that Azerbaijan remains a full member of the Council of Europe while ignoring ECtHR judgements and holding political prisoners can erode the credibility of the institution, one argument for sanctioning or expelling Azerbaijan. [27]

See also

Related Research Articles

<span class="mw-page-title-main">European Convention on Human Rights</span> International treaty to protect human rights and fundamental freedoms in Europe

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.

<span class="mw-page-title-main">European Court of Human Rights</span> Supranational court established by the Council of Europe

The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.

<span class="mw-page-title-main">Welfare Party</span> Islamist political party in Turkey

The Welfare Party was an Islamist political party in Turkey. It was founded by Ali Türkmen, Ahmet Tekdal, and Necmettin Erbakan in Ankara in 1983 as heir to two earlier parties, National Order Party (MNP) and National Salvation Party (MSP), which were banned from politics. The RP participated in mayoral elections at that time and won in three cities Konya, Şanlıurfa, and Van. Their vote percentage was approximately 5%.

<span class="mw-page-title-main">Human rights in Azerbaijan</span> Overview of human rights in Azerbaijan

International organizations have frequently alleged that Azerbaijan has violated human rights standards established in international law.

<span class="mw-page-title-main">Ilgar Mammadov</span> Azerbaijani politician

Ilgar Mammadov is an opposition politician in Azerbaijan, and one of the leaders of the Republican Alternative Party. Mammadov was considered a likely candidate for the Presidential elections in October 2013, but was arrested in February 2013, prior to the race, in a move that was widely seen as politically motivated.

Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe.

Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case.

Novruzali Khanmammad oğlu Mammadov was an Azerbaijani philologist, journalist and activist of Talysh ethnicity. He was the founder and editor of the now-defunct newspaper Tolyshi Sado. Mammadov also worked at the Nasimi Institute of Linguistics of the Azerbaijan National Academy of Sciences and headed a Talysh cultural center, which was closed after his imprisonment.

The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties." The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now that it has attained a single legal personality in the Lisbon Treaty.

<span class="mw-page-title-main">Latvian Human Rights Committee</span>

Latvian Human Rights Committee is a non-governmental human rights organization in Latvia. It is a member of international human rights and anti-racism NGOs FIDH, AEDH. Co-chairpersons of LHRC are Vladimir Buzayev and Natalia Yolkina. According to the authors of the study "Ethnopolitics in Latvia", former CBSS Commissioner on Democratic Institutions and Human Rights Ole Espersen "had visited LHRC various times and had used mostly the data of that organisation in his views on Latvia".

The Economic Research Center (ERC) is a policy-research oriented nonprofit think tank founded in 1999 that strives to facilitate sustainable economic development and good governance in the New Public Management system of Azerbaijan.

Tănase v. Moldova was a 2010 European Court of Human Rights case which determined that the provisions of the European Convention on Human Rights prohibited Moldova from making dual cititzenship holders ineligible to sit in the national parliament.

<span class="mw-page-title-main">Gurban Mammadov</span> Azerbaijani politician

Gurban Mammadov is a prominent political figure from Azerbaijan. Born in the village of Jahri within the Babek district of the Nakhchivan Autonomous Republic, Mammadov pursued his education in Ordubad before graduating from Azerbaijan State University in Baku. With a career spanning 35 years as a lawyer, Mammadov has been an influential force in Azerbaijani politics. He is well-known for his candid demeanor and readiness to voice dissent against the government.

Russia was a member of the Council of Europe, an international organization that focuses on the promotion of democracy and human rights, from 1996 to 2022. At the time of its accession, Russia did not meet the requirements of membership, but it was believed that joining would help Russia improve its record on democracy and human rights protection. In a 2019 paper published in the International & Comparative Law Quarterly, international law scholars Kanstantsin Dzehtsiarou and Donal K Coffey described Russia as showing "persistent and clear disregard of the values and aims of the CoE", including occupying other member states, sponsoring separatist movements, and ignoring judgements of the European Court of Human Rights. During its membership, Russia was suspended from voting rights on multiple occasions. After the Russian invasion of Ukraine, on 16 March the Committee of Ministers voted to expel Russia from the council with immediate effect.

Fedotova and Others v. Russia was a case submitted by six Russian nationals to the European Court of Human Rights (ECtHR).

Bayev and Others v. Russia was a case brought to the European Court of Human Rights by three Russian activists—Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev—alleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. On 20 June 2017, the court ruled that the applicants' freedom of expression had been compromised. The only dissent was from Dmitry Dedov, the judge elected with respect to Russia.

Strasbourg Observers is an academic blog published in English, which focuses on recent developments relating to the European Court of Human Rights (ECtHR). The blog was established by Eva Brems together with her Ph.D. researchers from Ghent University, Belgium, in April 2010. Since 2021, the blog is maintained by researchers based at the Human Rights Centre of Ghent University and at the Centre for Government and Law of Hasselt University. Posts published in the blog have been cited several times in the separate opinions of the Court.

<i>Saribekyan and Balyan v. Azerbaijan</i>

Saribekyan and Balyan v. Azerbaijan was an international human rights case filed by the parents of Manvel Saribekyan - an Armenian national from the Ttujur village in the Gegharkunik province of Armenia, who died while in captivity in Azerbaijan in 2010. The judgment of the European Court of Human Rights on the case originated in an application against the Republic of Azerbaijan lodged with the Court under the Convention for the Protection of Human Rights and Fundamental Freedoms on 10 June 2011.

<i>Sargsyan v. Azerbaijan</i>

Sargsyan v. Azerbaijan was an international human rights case regarding the rights of Armenian refugees displaced from former Soviet Azerbaijan because of the conflict in Nagorno-Karabakh. The judgment of the Grand Chamber of the European Court of Human Rights on the case originated in an application against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by Minas Sargsyan on 11 August 2006. He was forced to flee his home in the village of Gulistan in Shahumyan region of former Soviet Azerbaijan, together with his family, because of the Azerbaijani bombardments of the village and was not allowed to return and unable to get any compensation from the Azerbaijani authorities. Even though the applicant died in 2009, as did his widow, Lena Sargsyan, in 2014, his children, Vladimir and Tsovinar Sargsyan, represented him in court to continue the proceedings.

References

  1. 1 2 3 4 "Caucasus: Armenia And Azerbaijan Join Council Of Europe". RadioFreeEurope/RadioLiberty. Retrieved 28 September 2021.
  2. 1 2 3 4 5 6 7 Knaus, Gerald (2015). "Europe and Azerbaijan: The End of Shame". Journal of Democracy. 26 (3): 5–18.
  3. "Azerbaijan: Freedom in the World 2020 Country Report". Freedom House. Retrieved 28 September 2021.
  4. Kucera, Joshua (26 February 2020). "Azerbaijan's elections: What went wrong?". Eurasianet. Retrieved 15 October 2021.
  5. Steinert, Christoph Valentin (2020). "Who Is a Political Prisoner?". Journal of Global Security Studies. 6 (3). Oxford University Press (OUP). doi: 10.1093/jogss/ogaa052 . ISSN   2057-3170.
  6. Alieva, Leila (2014). "Azerbaijan and the impact of the lack of democratisation on relations with the EU". European View. 13 (1): 39–48. doi: 10.1007/s12290-014-0292-8 .
  7. "Country Map". European Implementation Network. Retrieved 25 September 2021.
  8. "Azerbaijan". European Implementation Network. Retrieved 28 September 2021.
  9. https://hudoc.exec.coe.int/eng#{%22EXECDocumentTypeCollection%22:[%22CEC%22],%22EXECLanguage%22:[%22ENG%22],%22EXECState%22:[%22AZE%22],%22EXECIsClosed%22:[%22False%22],%22EXECType%22:[%22L%22]} Pending leading judgements against Azerbaijan, Hudoc
  10. Farhad Aliyev v. Azerbaijan
  11. "Azerbaijan Threatened With Expulsion from Council of Europe | Eurasianet". eurasianet.org. Retrieved 28 September 2021.
  12. Dzehtsiarou, Kanstantsin (2020). "Mammadov v. Azerbaijan (Eur. Ct. H.R.)". International Legal Materials. 59 (1): 35–37. doi:10.1017/ilm.2020.1.
  13. "Implementing ECHR judgments: Council of Europe closes infringement procedure against Azerbaijan". www.coe.int. Retrieved 28 September 2021.
  14. Mammadli v. Azerbaijan 19/04/2018
  15. "ECtHR: Jehovah's Witnesses rights violated by Azerbaijan". EU Law Live. 24 February 2020. Retrieved 28 September 2021.
  16. Istrefi, Kushtrim; Ryngaert, Cedric (2021). "Makuchyan and Minasyan v Azerbaijan and Hungary: Novel Questions of State Responsibility, Presidential Pardon, and Due Diligence of Sentencing Transfer Meet in a Rare Case of the Right to Life". European Convention on Human Rights Law Review: 1–16. doi:10.1163/26663236-bja10029. ISSN   2666-3228.
  17. Mirgadirov v. Azerbaijan 17/09/2020
  18. "Armenian-Azeri Dispute Shifts to European Court". Institute for War and Peace Reporting. 17 June 2011. Retrieved 28 September 2021.
  19. Nechepurenko, Ivan (29 September 2017). "Azerbaijan Detains Dozens of Gay and Transgender People". The New York Times. Retrieved 28 September 2021.
  20. A. v. Azerbaijan at HUDOC
  21. Ghazanchyan, Siranush (12 May 2021). "ECtHR Grand Chamber to examine two inter-state cases lodged by Armenia and Azerbaijan". Public Radio of Armenia. Retrieved 28 September 2021.
  22. 1 2 Remezaite, Ramute; Aliyeva, Ulkar. "Council of Europe's old pandemic: 'endemic' ill-treatment and torture in custody in Azerbaijan". European Implementation Network. Retrieved 28 September 2021.
  23. REPORT of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly, 15 April 2018, pp. 2–3
  24. "Fresh claims of Azerbaijan vote-rigging at European human rights body". the Guardian. 20 April 2017. Retrieved 28 September 2021.
  25. Ljubas, Zdravko. "Italian Court Sentences Former Council of Europe MP for Bribery". www.occrp.org. Retrieved 28 September 2021.
  26. Chase-Lubitz, Jesse. "Council of Europe Body Expels 13 in Azerbaijan Bribe Case". www.occrp.org. Retrieved 28 September 2021.
  27. 1 2 3 Dzehtsiarou, Kanstantsin; Coffey, Donal K. (2019). "Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times". International & Comparative Law Quarterly. 68 (2): 443–476. doi: 10.1017/S0020589319000101 . ISSN   0020-5893.
  28. "Azerbaijan has a political prisoners 'problem', says PACE, urging review of reported cases and wider reform". Parliamentary Assembly of the Council of Europe. 30 January 2020. Retrieved 28 September 2021.

Further reading