In 2008...

Azerbaijan is a unitary republic with a presidential system of governance, according to its Constitution. The Milli Mejlis (Parliament) comprises 125 deputies elected every five years by majority vote. The President is elected for no more than two consecutive five-year terms.

After the abolition of proportional representation in 2003, when a referendum was held on constitutional amendments, political parties other than the ruling party declined in influence. The ruling party, Yeni (New) Azerbaijan, currently holds all but four seats in the Milli Mejlis and the only opposition party represented is the Musavat (Equality) Party. According to a number of opinion polls, the approval rating for President Ilham Aliev is far higher than that of his potential opponents for the 2008 elections. Opposition parties do not receive any financial or administrative support from the State.

The 2005 parliamentary elections were harshly criticised by international observers, but the government has ignored the Venice Commission recommendation to form electoral commissions based on parity between ruling and opposition parties.

Azerbaijan is still suffering the consequences of the war over Nagorny Karabakh, a region predominantly inhabited by Armenians that broke away in an armed conflict from 1988 to 1994. Nagorny Karabakh gained de facto independence but has not been internationally recognised. The conflict caused the displacement of hundreds of thousands of members of the Azeri and Armenian populations. Although the Azerbaijani government has no control over Nagorny Karabakh and seven regions surrounding it, it considers these territories as an integral part of Azerbaijan. Despite many years of talks between the Azerbaijani and Armenian Heads of State, no real progress has been made towards a political solution of this ‘frozen conflict’.

Historically, Azerbaijan is a multinational society and its current population is 8.1 million. A 1999 census indicates that 90.6 per cent of the population are ethnic Azeris while the main minority groups include Lezgins (also referred to as Dagestani, 2.2 per cent), Russians (1.8 per cent), Armenians (1.5 per cent, predominantly living in separatist Nagorny Karabakh) and Talyshs (1 per cent). The remaining minority groups include Kurds, Avars, Turks and Jews. According to some local experts, the authorities underestimate the real size of national minorities. For instance, they believe that there are between 200-250,000 Lezgins (as opposed to the official figure of 178,000 from the 1999 census) and 250-260,000 Talyshs (instead of 76,800).

Legal and Regulatory Framework

Article 50 of the Constitution explicitly stipulates the principle of freedom of expression: ‘every person shall have the right to freedom of opinion and freedom of expression’; and freedom of information: ‘every person shall have the right to seek, find and impart needed information within the constraints of law’.

Since accession to the Council of Europe in 2001, Azerbaijan has reformed its legislation in order to fulfil the requirements of the Council to implement the European Convention on Human Rights.

The main legislation regulating media activities is the 1999 law ‘On Mass Media’. It contains some important provisions – a guarantee of media freedom, an affirmation that international law takes precedence over national laws, the prohibition of censorship and other forms of interference, and a provision that those who interfere with media freedom will be held responsible – but also a number of problematic points. Moreover, the positive guarantees enshrined in it are currently not being observed in practice.

The 2005 law ‘On Obtaining Information’ also contains a number of important provisions, but there are problems with its implementation. It foresees, for instance, the appointment of a Freedom of Information Commissioner, but the government has so far failed to establish this post. A number of other provisions, such as the maintenance and regular updating of websites, also remain unfulfilled.

The 2004 law ‘On Public Service Broadcasting’ transformed the second television channel into a ‘public service channel’, while maintaining the first as a State-run channel. This reform, and the lack of financial independence of the public service channel from the government, have been criticised by free speech advocates in the country as insufficient.

The law ‘On State Secrets’, prohibiting publication of information related to State secrets, also imposes significant restrictions on freedom of information.

Despite the recommendations of international organisations, the Criminal Code continues to penalise defamation (Articles 147 and 148 respectively penalise ‘slander’ and ‘insult’). There has been a sharp rise in defamation cases: according to the Media Rights Institute, an Azerbaijani NGO, more than 60 defamation suits were brought against journalists in the first half of 2007 – a ten-fold increase since 2005. Several journalists have been imprisoned for defamation.

Political Expression

Despite the fact that the right to freedom of assembly is stipulated by law, in practice the executive authorities of Baku only allow rallies and demonstrations in certain suburban areas. Any activities by the opposition or by discontented citizens are banned, even if their demands are exclusively of a social nature.

The current political environment in Azerbaijan is not conducive to the emergence of a strong opposition. Opposition parties have been led by the same people for about 15 years, using the same slogans, creating a climate of stagnation.

Increased pressure from the authorities has also contributed to the opposition’s weakness. For instance, in 2006, the leading opposition parties Musavat and the Popular Front were evicted from their premises in Baku and relocated to different suburban areas. The opposition is also denied access to the broadcast media. Leaders of opposition parties are not invited to political talk-shows, interviews with them are not aired on national channels, and news programmes do not cover their activities fully.

The opposition, as a rule, revives somewhat during pre-election periods when it has, by law, free access to State and public television for campaigning. However, so-called ‘black PR’ – the dissemination of unfounded rumours and allegations against prominent opposition members – is a common practice in pre-election periods by the Azerbaijani mass media, especially pro-goverment newspapers. This seriously undermines the professional standards of the news media in Azerbaijan.

‘In the few cases when hate speech provisions have been used, they were used against people questioning current government policies rather than inciting racial hatred.’

In its 2007 report, the European Commission against Racism and Intolerance (ECRI) notes that ‘national minorities are well represented in public and political life and particularly in parliament. However, there is currently no specific public body where representatives of national minorities could express their views on the public affairs of interest to them … [they] generally hesitate to come forward to claim their linguistic and cultural rights. It seems that those who have tried to publicly defend national minorities’ rights have at the least experienced accusations of “working for the enemy” or of “separatism” by some media or politicians.’ In the few cases when hate speech provisions have been used, they were used against people questioning current government policies rather than inciting racial hatred. The ECRI also states that ‘the mere attribution of Armenian ethnic origin to an ethnic Azerbaijani may be perceived as an insult. Thus, there have continued to be trials for slander and insult opened by public figures against persons who had publicly and falsely alleged their Armenian ancestry.’

While female homosexuality had never been prohibited, consensual male adult homosexual relations were decriminalised in 2000. Nevertheless, police abuses against gay men continue and victims prefer to remain anonymous fearing police retaliation.

News Media

According to 2006 data from the Ministry of Justice, 2,678 media outlets were registered, including 2,609 print media, 28 news agencies, and 41 television and radio stations. Online publications have not been officially registered yet; however, planned amendments to the Law on Mass Media will regulate their activities. In reality, the actual number of regularly printed publications is much smaller than the number registered, at around 200 newspapers and magazines.

The daily newspapers Realni Azerbaijan and Gyundalik Azerbaijan were the leading newspapers in Azerbaijan, with circulation figures of 24,000 and 10,000 respectively, before they temporarily suspended their activities on 2 October 2006, as a result of the prosecution of their editor-in-chief Einulla Fatullayev and pressure from the authorities. Einulla Fatullayev was imprisoned on 20 April 2007 (see below). The newspapers resumed publication on 22 December 2006, but closed again on 19 May 2007. They were not affiliated with any opposition parties although both were critical of the authorities. Currently, the most popular daily (excluding entertainment publications) is the pro-opposition Yeni Musavat, with a circulation of 9,200. Among Russian publications, Zerkalo and Echo have long held leading positions, with a circulation of 5-6,000 on weekdays and 10-12,000 on Saturdays.

There are six television channels with national reach, including one State channel (AzTV), one public service channel (ITV) and four private channels (ANS, Space, Lider, ATV). Four foreign channels – two Turkish (TRT-1, STV) and two Russian (RTR and 1st Channel) – are rebroadcast in parts of Azerbaijan. The National Council of Radio and Television ended the broadcast of the Turkish Channel D in January 2007 and the termination of Russian television channels is currently being considered due to a dispute over who should pay their broadcast costs (Azerbaijan or the foreign broadcasters).

New Technologies

‘Azerbaijan is one of the States where the Internet is systematically censored, according to a list produced by the Global Internet Filtering Conference 2007 in London. Both public and private providers block sites.’

Azerbaijan is one of the States where the Internet is systematically censored, according to a list produced by the Global Internet Filtering Conference 2007 in London. Both public and private providers block sites. For instance, in January 2007 access to www.susmayaq.biz was blocked because it was collecting signatures for a petition calling on the President to retract a decree raising electricity and gas prices. Access to www.tinsohbeti.com, a satirical electronic publication that declares itself a ‘menace to Heidarism’ (a reference to former President Heidar Aliev, father of the current President), was blocked in May.

On 20 April 2007, Einulla Fatullayev, editor-in-chief of the newspapers Realni Azerbaijan and Gyundalik Azerbaijan, was imprisoned for 30 months for statements allegedly written on an Internet-based forum. The court asked the Ministry of National Security to provide all IP addresses used by the registered username Einulla Fatullayev. This information was then used as evidence in court, although Einulla Fatullayev and his attorneys argued that the forum moderators had edited his texts.

Currently there are three cell phone operators: Azercell, Bakcell and Azerphone. There have been no substantive studies on political control in the field of telecommunications. However, according to reports, during important political moments such as demonstrations or elections, certain cell phones can no longer obtain connections. Cell phone operators, as a rule, claim that all circuits were busy at the time. Most users, however, suspect political motives.

Repression of Media Workers

The high rate of imprisonment of journalists in Azerbaijan has been criticised by human rights and journalists’ organisations and by multilateral bodies such as the OSCE and the Council of Europe.

Einulla Fatullayev (see above) was sentenced to 30 months’ in prison for defaming refugees from Nagorny Karabakh on an Internet forum. In July 2007, new charges of terrorism and incitement to racial and religious hatred (under Articles 214 and 283 of the Criminal Code) were brought against him. The basis for these charges, which carry sentences of up to eight and four years’ imprisonment respectively, remain unclear.

Sakit Zahidov (Mirza Sakit) – poet-satirist for the opposition daily Azadlyg (Freedom) – was controversially sentenced in October 2006 to three years’ imprisonment for possession of narcotic drugs. Experts believe his prosecution and conviction were unfounded and politically motivated, because his satiric poetry ridiculed the country’s leaders and called them corrupt.

The editor-in-chief of the newspaper Sanat, Samir Sadaghatoghlu, and journalist Rafik Taghi were sentenced in January 2007 to three and four years’ imprisonment respectively for provoking religious divisions, under Article 233 of the Criminal Code. The court ruled that Rafik Taghi’s article ‘Europe and us’, published in November 2006, included statements insulting the Prophet Mohammed. The article stated that it was unlikely that those in the West (Christians) would be open to the teachings of the Prophet.

‘The high rate of imprisonment of journalists in Azerbaijan has been criticised by human rights and journalists’ organisations and by multilateral bodies such as the OSCE and the Council of Europe.’

Faramaz Allakhverdiev, deputy editor of the newspaper Nota Bene, was sentenced to two years’ imprisonment in January 2007, as a result of a lawsuit by the Interior Minister, Ramil Usubov, and the Head of the State Committee of Diaspora Affairs, Nazim Ibrahimov. Sardard Alibeili, the newspaper’s editor-in-chief, received an 18-month conditional sentence. The article touched upon large bribes allegedly taken by the two officials.

Another example of a political lawsuit is the prosecution of the editor-in-chief of the newspaper Mukhalifat and his deputy Yashar Aghazade for an article accusing the President’s uncle Jalal Aliev of exploiting family connections for his business. In May 2007 they were sentenced to 30 months in prison.

Journalists are regularly targeted and exposed to physical abuse and even death. The assassins of the editor-in-chief of the weekly Monitor, Elmar Huseinov, who was killed in March 2005, have not been brought to justice. Nor have the assailants of Bakhedin Khaziev, who was beaten in May 2006, allegedly because his newspaper Bizim Yol had published a series of articles on the President’s family. Similarly, the people who knifed Fikret Huseinly, a journalist with the newspaper Azadlyg, in March 2006, have not been discovered.

Media Censorship

Censorship was officially abolished by presidential decree on 6 August 1998 on the eve of presidential elections. Previously, all print publications were subject to both military and political censorship – the so-called Glavlit censorship. Glavlit is the Russian abbreviation for the institution that was responsible for censorship, the ‘Main Authority for Literature and Editorial Affairs’.

Since 1998, pressure on the press has taken other forms, including judicial and financial prosecution. The situation has significantly worsened over the past five years: in the press freedom ranking produced by the NGO Reporters Without Borders, Azerbaijan ranks 135th out of 168 countries, down from 101st in 2002.

One effective method of imposing financial restraints on the press is via advertising. According to the editor-in-chief of the leading independent newspaper Zerkalo and the Chairman of the Union of Journalists of Azerbaijan, prominent companies face strong pressure from the administration if they place advertisements in newspapers critical of the authorities. They may be able to allocate advertising contracts to two independent publications, but must match this with contracts to six or seven pro-government publications. After presidential elections in 2003, many independent newspapers became considerably more pro-government in their approach and significantly raised the level of editorial self-censorship.

Art Censorship

The Ministry of Culture and Tourism and the Humanities Department within the President’s administration are responsible for cultural affairs in Azerbaijan. There is no official body carrying out cultural censorship, but there are very few independent theatres or studios. The few private theatres that do exist struggle financially as they do not receive State subsidies. State theatres are able to secure funding and so, many believe, can focus on their creative work. This, however, subjects them to the influence of the Ministry and may explain why theatres focus mainly on the classics of Azerbaijani literature.

There are no significant bans on films, although dissemination of pornography is prohibited. The Da Vinci Code was screened in cinemas in Azerbaijan with almost no objection from religious people.

Books are also not officially banned, although works such as Hitler’s Mein Kampf and Salman Rushdie’s Satanic Verses are not sold publicly. This generally stems from the caution of booksellers rather than official bans on literature.