On 10 December, the Parliamentary Assembly of the Council of Europe (PACE) Committee on Legal Affairs and Human Rights reported that Azerbaijan had a ‘systemic’ problem of political prisoners, and urged reforms and review of the reported cases.

The committee’s report read that on the basis of factual findings of the European Court of Human Rights, a number of individuals are “political prisoners” according to the Assembly's definition. Recalling the Court’s finding of a “troubling pattern” of politically motivated misuse of the criminal justice system, and the significant number of similar cases pending before the Court, the committee said that “fundamental reforms are necessary if Azerbaijan is to fulfil its obligations under the European Convention on Human Rights”.

The PACE also “welcomed steps taken by the Azerbaijani authorities in recent years to reform its penitentiary, criminal justice and judicial systems”, but it remained “unconvinced that the measures taken thus far will suffice to achieve the specific results required by the European Court of Human Rights”.

Amongst the proposals to improve the system, the committee urged the authorities to recognise the existence of the “troubling pattern” as a “necessary precondition for the success of measures required to implement [the Court's] judgments fully and effectively”. It further called on the Azerbaijan parliament to co-operate with the Rapporteur on her follow-up to the Assembly's resolution, and on the Azerbaijani government to co-operate fully with the Committee of Ministers.

A day later, the Council of Europe (CoE) Commissioner for Human Rights  Dunja Mijatović, published her report on her visit to Azerbaijan. Recommendations covered how to ensure freedom of expression, increase the number of lawyers and the quality of legal assistance in the country, and empower internally displaced persons (IDPs). 

The report read that no progress has been made regarding the protection of freedom of expression. She also expressed her doubts as regards the lawfulness of the travel bans imposed on dozens of journalists, lawyers, political activists and human rights defenders. Mijatović stressed that the authorities must refrain from imposing arbitrary or disproportionate travel bans and lift immediately those which are in contradiction with the right to leave the country. The Commissioner also recommends decriminalising defamation and bringing legislation and practice affecting Internet freedom in line with European standards.

The Commissioner also observed that there is an acute shortage of lawyers, in particular in the regions outside the capital, which prevents many people from having access to legal assistance and representation. Mijatović called on the authorities to take immediate measures to ensure that the right of access to quality legal assistance is effectively guaranteed to all persons. “The authorities should adopt a law on legal aid in line with Council of Europe standards and ensure that all persons effectively enjoy the right to legal assistance,” she said. The use of disciplinary sanctions – like disbarment - on improper grounds and unclear criteria remains a serious concern.

Mijatovic also reported on the status of the IDPs who fled from their homes after the Nagorno-Karabakh conflict. The report read that many internally displaced people have been relocated to settlements built for them and benefit from free housing. However, many others live in dormitories and collective centres in dire or substandard conditions, have no possibility to own the apartments in which they live in and their needs are not always considered during allocation of housing. Several obstacles also hamper income-generation and self-reliance opportunities for IDPs, especially for persons living in the rural regions and urban areas outside Baku. “The authorities should further enhance IDPs’ access to all economic and social rights, in particular the right to adequate housing and the right to employment. A majority of internally displaced children study in schools which were built or intended just for IDPs and are thus being educated separately from the rest of the population. The Commissioner recommends ensuring mixed schooling and mapping the specific needs of IDPs, in order to better respond to the various challenges they face. Lastly, the Commissioner recommends lifting the restrictions imposed on IDPs’ right to vote in municipal elections in the constituencies where they reside and ensuring the full participation of IDPs in decision-making processes.

The Azerbaijani government commented on the report. According to the Azerbaijani authorities, some estimates in the report do not reflect the real situation with human rights in the country, and some of them are even inaccurate. “The report is of particular concern on the overall picture in the country, taking into account the special circumstances which exist in some areas of the country,” the  government’s reply read.

On 5 September, Sunna Torhildur Evarsdottir, rapporteur for Parliamentary Assembly of the Council of Europe (PACE) on political prisoners in Azerbaijan, visited Baku and met with a group of human rights activists. Evarsdottir stated her plans to meet with several political activists in the Azerbaijani prisons during her three-day visit and prepare an objective report (Caucasus Watch reported).