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  • Compliance with obligations and commitments by Azerbaijan

    COUNCIL OF EUROPE
    Compliance with obligations and commitments by Azerbaijan
    Rapporteur AGRAMUNT, Pedro (Spain, EPP / CD) GRECH Debono, Joseph (Malta, SOC)

    http://www.armenews.com/article.php3?id_article=85690
    Translated into English
    Doc. 13084

    December 20, 2012

    Compliance with obligations and commitments by Azerbaijan Report1

    Committee on the Honouring of Obligations and Commitments by Member
    States of the Council of Europe (Monitoring Committee) Mr. Pedro
    AGRAMUNT Spain European People's Party Mr Joseph Debono Malta GRECH
    Socialist Group Summary

    The Monitoring Committee recognizes the progress made by Azerbaijan in
    establishing the legislative framework in areas critical to the
    functioning of democratic institutions since its accession to the
    Council of Europe. However, the restrictive or violations of certain
    laws raise growing concerns about the rule of law and respect for
    human rights.

    The lack of independence of the judiciary is a problem. The situation
    as regards fundamental freedoms, including freedom of expression,
    freedom of assembly and freedom of association is worrying. The
    Committee is alarmed by the information from defenders of human rights
    and national and international NGOs according to which charges were
    allegedly fabricated against activists and journalists. Implementing
    restrictive of freedom combined with a lack of fairness and undue
    interference of the executive lead to the systematic detention of
    persons who may be considered as prisoners of conscience. Alleged
    cases of torture and other ill-treatment in police and impunity are
    also a cause of serious concern.

    Progress in the establishment of a legislative framework to fight
    against corruption and organized crime are undeniable, but the main
    difficulty lies in its effective implementation.

    Contents Page

    ¢ Draft resolution. ¢ Explanatory memorandum by Mr Agramunt and Mr
    Debono Grech, co-rapporteurs. ¢ Introduction. ¢ Geopolitical situation
    in the country. ¢ Background and regional geopolitics. ¢ Conflict over
    Nagorno-Karabakh. ¢ Relations with the European Union. ¢ Signature and
    ratification of the Council of Europe. ¢ Economic and social
    situation. ¢ Political situation. ¢ Operation of pluralist democracy.
    ¢ Free and fair elections. ¢ Pluralism parties. ¢ Separation and
    balance of powers. ¢ Local and Regional Democracy. ¢ rule of law. ¢
    Judiciary. ¢ Corruption and organized crime. ¢ Execution of judgments
    of the European Court of Human Rights. ¢ Human rights and fundamental
    freedoms. ¢ Prisoners alleged political and humanitarian problems. ¢
    Conditions of detention and violations committed by the security
    forces. ¢ Freedom of expression. ¢ Freedom of assembly. ¢ Freedom of
    association. ¢ Demolition of housing. ¢ Freedom of conscience and
    religion. ¢ Replacement Service. ¢ Protection of minorities,
    xenophobia and intolerance. ¢ The institution of the Ombudsman. ¢ -
    Table of legislation introduced by Azerbaijan towards achieving its
    commitments as set out in Notice 222 (2000) of the Parliamentary
    Assembly on the application for membership of Azerbaijan to Council of
    Europe. ¢ - Dissenting opinion of MM. Davit Harutyunyan (Armenia, EDG)
    and Armen Rustamyan (Armenia, SOC), members of the Monitoring
    Committee.

    A. Draft resolution2

    1. Azerbaijan joined the Council of Europe on 21 January 2001. Upon
    accession, it is committed to comply with the obligations of Article 3
    of the Statute of the Council of Europe requires each Member State
    concerning pluralist democracy, the rule of law and human rights. He
    also made a number of specific commitments listed in Opinion No. 222
    (2000) of the Parliamentary Assembly on the application for membership
    of Azerbaijan to the Council of Europe.

    2. Accordance with the monitoring procedure established in Resolution
    1115 (1997) and amended by Resolutions 1431 (2005) and 1515 (2006),
    the Assembly reviewed progress made by Azerbaijan in the performance
    of its obligations and commitments in Resolutions 1305 (2002) and 1545
    (2007) on the honoring of obligations and commitments by Azerbaijan
    and Resolutions 1358 (2004), 1398 (2004), 1456 (2005), 1614 (2008) and
    1750 (2010) on the functioning of democratic institutions in
    Azerbaijan.

    3. The Assembly recognizes the geopolitical context of Azerbaijan,
    which is located at the crossroads of Europe and Asia, situated
    between Russia, Iran and Armenia, and inhabited by a population whose
    overwhelming majority is Muslim. It is also well aware of the
    continuing conflict with Armenia over the Nagorno-Karabakh conflict,
    confrontation, which dominates a large extent on the agenda of the
    foreign policy of Azerbaijan. The Assembly regrets that negotiations
    have so far given no tangible results and that the resolutions of the
    Parliamentary Assembly, the European Parliament, the Organization for
    Security and Cooperation in Europe (OSCE) and the Council of UN
    Security have still not been implemented.

    4. The Assembly recalls with satisfaction that the authorities have
    expressed their pro-European aspirations and pursued a policy of
    integration with Euro-Atlantic structures. Relations with the European
    Union are governed by the Agreement on Partnership and Cooperation
    between the European Union and Azerbaijan. In addition, Azerbaijan
    participates in the European Neighbourhood Policy since its launch in
    2004, contributes to the Eastern Partnership since 2009 and is a
    founding member of Euronest.

    5. Since its accession, Azerbaijan has made significant progress on
    the signing and ratification of legal instruments of the Council of
    Europe. Azerbaijan has signed and ratified all instruments except one,
    included in its schedule. The Assembly calls on Azerbaijan to ratify
    the remaining European Charter for Regional or Minority Languages
    (ETS No. 148), which was signed in 2001.

    6. Progress has clearly been made in the establishment of a legal
    framework in areas critical to the functioning of democratic
    institutions in line with European standards. In particular, the
    introduction in 2005 of the Judicial Legal Council was an important
    step in the country's judicial reform. Further progress has been made
    in this area, as evidenced by the legal acts adopted recently, which
    provide a revised procedure for recruitment of judges and amend the
    law relating to the fight against corruption and the Penal Code
    concerning the criminalization corruption. The Assembly welcomes the
    Azerbaijani authorities on the quality of their cooperation with the
    European Commission for Democracy through Law (Venice Commission). The
    recent request for assistance from the authorities to draft a new law
    on defamation is a good example of this cooperation.

    7. Unfortunately, progress on the application of certain laws have not
    been satisfactory. The restrictive application or violations of some
    of them raise growing concerns about the rule of law and respect for
    human rights.

    8. Since the accession of Azerbaijan to the Council of Europe, no
    parliamentary or presidential election was in full compliance with
    democratic standards, as confirmed by the judgments of the European
    Court of Human Rights in seven cases the 35 considered admissible,
    related to the 2005 parliamentary elections. Many cases related to the
    2010 elections are pending before the Court. It should be corrected
    before the next elections, a number of deficiencies and shortcomings
    in the electoral process, particularly with regard to the electoral
    code, the composition of electoral commissions, candidate
    registration, the role of observers and the procedure for complaints
    and appeals.

    9. The Assembly is deeply convinced that it is in the best interest of
    the democratic process and the ruling party itself to face the
    opposition in a representative body and establish a genuine political
    dialogue within the parliament. However, since the last election in
    2010, some opposition parties of Azerbaijan are not well known in the
    parliament and the ruling party is the only one who can legitimately
    constitute a political group. The independent members who, it is true,
    often criticize the government, are unlikely to make their voices
    heard.

    10. Unfortunately, there is no political dialogue with the opposition
    outside parliament. The Assembly is concerned by the restrictive
    framework imposed on the activities of the extra-parliamentary
    opposition, who complains of restrictions on freedom of expression and
    freedom of assembly and the lack of access to media.

    11. It is necessary to establish an inclusive political system and
    political environment really competitive and unrestricted, fully
    respect fundamental freedoms, including freedom of expression, freedom
    of assembly and freedom of association. The situation in Azerbaijan is
    worrying and the Assembly expresses its deep concern in this respect.

    12. Amendments to the Criminal Code and the Administrative Code
    recently adopted, which increased penalties against event organizers
    "unauthorized" and people involved, are of concern. Combined with the
    general prohibition protest in central Baku, decreed by the
    authorities, these new provisions may have a further negative impact
    on freedom of assembly and freedom of expression. The restrictive use
    of certain articles of the Criminal Code, in particular Articles 221
    and 233, against those involved in peaceful demonstrations yet
    unauthorized, is another concern.

    13. The Assembly recalls that the independence of the judiciary is one
    of the fundamental prerequisites of the rule of law and the democratic
    principle of separation and balance of powers. The lack of
    independence of the judiciary is a problem in Azerbaijan, where the
    executive power, in some cases, continues to put pressure on him.
    Issues of fair trial, including during the preliminary phase, and
    equality of arms are also important concerns.

    14. The Assembly is alarmed by reports from advocates of human rights
    and non-governmental organizations (NGOs) and international according
    to which charges were allegedly fabricated against activists and
    journalists. Implementing restrictive of freedom combined with a lack
    of fairness and undue interference of the executive lead to the
    systematic detention of persons who may be considered as prisoners of
    conscience.

    15. Alleged cases of torture and other ill-treatment in police
    stations during the investigation and in prisons and impunity are also
    a cause of serious concern.

    16. The Assembly is concerned by criticism at national and
    international levels regarding irregularities observed during the
    campaign of expropriation committed in Baku in 2009. It urges the
    authorities to ensure the transparency of the process, compliance with
    the Constitution and the law and full respect for human rights. It
    also calls for the revision of the business including compliance with
    the law raises doubts and legitimate concerns, as well as
    investigations into allegations of abuse and violations committed in
    the context of the expropriation proceedings and reconstruction,
    followed 'adequate compensation and action against those who violated
    the law.

    17. Progress in the establishment of a legislative framework to fight
    against corruption and organized crime are undeniable, but the main
    challenge now lies in its effective implementation. It will be
    interesting to see what will be in this respect the results of the
    campaign against corruption launched in 2011.

    18. Given the foregoing, the Assembly urges the Azerbaijani authorities:

    18.1. Regarding the functioning of pluralist democracy:

    18.1.1. to correct deficiencies and dysfunctions identified by
    international observers during the last parliamentary and presidential
    elections and amend the electoral code in accordance with the
    recommendations of the Venice Commission in time for the next
    presidential election;

    18.1.2. create a political environment open to all and not
    restrictive, and to establish a real dialogue with the
    extra-parliamentary opposition;

    18.1.3. address the issue of the funding of political parties in
    accordance with Recommendation Rec (2003) 4 of the Committee of
    Ministers on common rules against corruption in the funding of
    political parties and election campaigns;

    18.1.4. strengthen the effective implementation of the principle of
    separation of powers guaranteed by the Constitution, and to accentuate
    the parliamentary control of the executive, in particular:

    18.1.4.1. revise the Rules of Procedure of Parliament to strengthen
    parliamentary action potential MPs who are not members of the
    parliamentary group of the ruling party;

    18.1.4.2. revise the Rules of Procedure of Parliament in order to
    reduce the number of members required to create a parliamentary group
    to between 3% and 5%, as in other European countries;

    18.2. On the judiciary:

    18.2.1. to ensure full independence of the judiciary, particularly
    vis-Ã-vis the executive, and to refrain from any pressure;

    18.2.2. enshrine in law the Judicial Legal Council acts as a guarantor
    of the independence of the judiciary and to apply this provision
    effectively;

    18.2.3. setting an age of mandatory retirement for all judges;

    18.2.4. perform a gap analysis of judicial practice and give all
    necessary attention to reports of alleged failures that have resulted
    in unfair trials, in order to remedy the situation;

    18.2.5. develop a strategy for human resources encourages
    professionalism, independence and integrity, and to establish a
    consistent and uniform evaluation of the work of judges, linked to
    career development;

    18.2.6. create a unique and effective random allocation of cases nationally;

    18.2.7. refrain from any pressure on lawyers defending activists and
    journalists who criticize the authorities and to ensure that all
    reported cases of pressure are subject to an effective investigation
    to bring the perpetrators to justice ;

    18.2.8. to conduct effective investigations into all cases of alleged
    corruption within the judicial system;

    18.2.9. encourage the participation of civil society in the definition
    and monitoring of other strategies to reform the judicial system;

    18.3. On corruption and organized crime:

    18.3.1. intensify their efforts to effectively implement laws relating
    to the fight against corruption;

    18.3.2. implement the recommendations of the Group of States against
    Corruption (GRECO);

    18.3.3. to continue their work on the development of a draft law on
    the prevention of conflicts of interest;

    18.3.4. encourage the participation of civil society in the definition
    and monitoring of strategies for the fight against corruption and
    organized crime;

    18.4. Concerning alleged political prisoners and prisoners of conscience:

    18.4.1. examine cases involving defenders of human rights, activists
    and journalists detained following the criminal trial that compliance
    with the standards of protection of human rights is contested by civil
    society and the international community;

    18.4.2. to use all the legal tools available to release prisoners
    whose detention raises doubts and legitimate concerns;

    18.4.3. release on humanitarian grounds alleged political prisoners
    whose state of health is worrying;

    18.4.4. to fully implement the resolutions of the Assembly relating to
    alleged political prisoners in Azerbaijan;

    18.5. Regarding torture and ill-treatment by agents of law enforcement:

    18.5.1. continue efforts to end abuses by agents of law enforcement in
    effectively implementing measures to eradicate impunity and lack of
    accountability for these abuses, including conducting a proper
    investigation standing in each case;

    18.5.2. to conduct effective investigations into all cases involving
    torture or ill-treatment alleged to bring the perpetrators to justice;

    18.5.3. adopt measures and procedural guarantees more effective
    against ill treatment and torture in police stations, in accordance
    with European standards, such as the installation of cameras;

    18.5.4. encourage civil society to monitor and develop
    awareness-raising and training;

    18.5.5. continue efforts in the implementation of the national
    mechanism for the prevention of torture and ill-treatment, and to
    involve civil society in this process;

    18.6. On freedom of expression:

    18.6.1. to continue their efforts to develop a new law on defamation,
    in cooperation with the Venice Commission;

    18.6.2. create favorable conditions for the exercise of journalism and
    to refrain from any form of pressure;

    18.6.3. to end the prosecution of journalists or other people
    expressing critical opinions;

    18.6.4. to conduct effective investigations into the murders of MM.
    And Elmar Huseynov Rafiq Tagi and bring the perpetrators to justice;

    18.6.5. to conduct effective investigations into all cases of beatings
    reported by journalists and bring the perpetrators to justice;

    18.7. On freedom of assembly:

    18.7.1. ensure respect for freedom of assembly, in particular:

    18.7.1.1. to find a compromise solution to allow protests in some
    areas of the center of Baku, which complies with the safety
    requirements and is acceptable to the organizers and public
    authorities;

    18.7.1.2. to refrain from the use of disproportionate force by the
    police against peaceful demonstrators;

    18.7.1.3. to refrain from restrictive application of certain articles
    of the Criminal Code, in particular Articles 221 and 233, against
    participants in peaceful demonstrations, even unauthorized

    18.8. On freedom of association:

    18.8.1. to revise the law on NGOs to respond to the concerns expressed
    by the Venice Commission;

    18.8.2. enhance and facilitate the process of registration of
    international NGOs;

    18.8.3. create an enabling environment for NGO activities, including
    those expressing critical opinions;

    18.9. On freedom of conscience and religion:

    18.9.1. to revise the law on freedom of religion in the light of
    concerns expressed by the Venice Commission;

    18.9.2. improve and facilitate registration procedures for religious
    minority groups.

    19. The Assembly encourages the authorities to intensify their efforts
    to implement legislation in the areas that are crucial for the proper
    functioning of democratic institutions. In this context, the Assembly
    resolves to pursue its monitoring of compliance with obligations and
    commitments by Azerbaijan. B. Explanatory memorandum by Mr Agramunt
    and Mr Debono Grech, co-rapporteurs 1. Introduction

    1. Azerbaijan joined the Council of Europe on 21 January 2001. Upon
    joining, he is committed to not only honor the obligations of all
    Member States under Article 3 of the Statute of the Organization, but
    also a number of specific commitments contained in the Notice 222
    (2000), which together form the basis of the monitoring process in
    accordance with Resolution 1115 (1997) on the creation of an Assembly
    committee on the honoring of obligations and commitments by member
    states of the Council of Europe (Monitoring Committee), as amended by
    Resolution 1431 (2005) on the opening of a procedure for monitoring
    and post-monitoring dialogue, Resolution 1515 (2006) on the evolution
    of the procedure followed by the Assembly (May 2005-June 2006) and
    Resolution 1710 (2010) on the mandate of the co-rapporteurs of the
    Monitoring Committee.

    2. Since then, the Monitoring Committee of the Parliamentary Assembly
    presented several reports on the progress made by Azerbaijan
    comprehensive reports on the honoring of obligations and commitments
    in 2002 and 2007, as well as reports on the functioning of democratic
    institutions 2004, 2005, 2008 and 20103.

    3. In addition, the Committee on Legal Affairs and Human Rights has
    presented several reports on compliance with a specific commitment,
    namely to release or retry présumés4 political prisoners. The review
    by the Assembly of the most recent report on this subject is provided
    in the part-session in January 20135.

    4. The case of Azerbaijan is also discussed in the periodic reports on
    the implementation of judgments of the European Court of Human Rights
    ("the Court") in the Member States of the Council of Europe, developed
    by the Committee on Legal Affairs and Human Rights. The most recent
    report in this area was presented to the Assembly in 20116.

    5. Some unsolved problems in the field of human rights in Azerbaijan
    have also been reports of other thematic committees of the Assembly
    concerning either the whole or a part only of the member states of the
    Council of Europe. Of particular note here the report on freedom of
    expression in the Member States of the Council of Europe presented by
    the Committee on Culture, Science and education7 and report on human
    rights rights in the member states of the Council of Europe presented
    by the Committee on Legal Affairs and Human Rights8. In October 2012,
    the Parliamentary Assembly held a debate on topical case Safarov.

    6. Political developments concerning the Nagorno-Karabakh were
    followed by the Political Affairs Committee and démocratie9, while the
    specific situation of refugees and displaced persons in Azerbaijan was
    discussed by the Committee on Migration, Refugees and déplacées10
    people.

    7. Representatives of the Assembly observed all legislative and
    presidential elections held since the accession of Azerbaijan and a
    constitutional referendum, and the reports were submitted to the
    Assemblée11. The conclusions of the report prepared following the 2005
    elections led to the credentials of the delegation of Azerbaijan in
    the opening part of the January 2006 session of the Assemblée12.

    8. Finally, the honoring of obligations and commitments by Azerbaijan
    is followed by the Committee of Ministers of the Council of Europe
    within the framework of the subgroup on Armenia and Azerbaijan of the
    Rapporteur Group on Democracy (GR- DEM) which has replaced the "Group
    AGO" in December 2011. Every six months, this sub-group reports on
    progress in each country.

    9. In this report, we have relied on the findings and conclusions of
    the relevant institutions and mechanisms for monitoring the
    conventions of the Council of Europe to which Azerbaijan is a party.
    Were taken into account the work of the following bodies: the European
    Court of Human Rights, the Committee of Ministers in its oversight of
    the execution of judgments of the Court, the Commissioner for Human
    Rights, the Congress of Local and Regional Authorities of the Council
    of Europe's Group of States against Corruption (GRECO), the Committee
    of Experts on the Evaluation of measures against money laundering and
    the financing of terrorism (MONEYVAL ), the European Committee for the
    Prevention of Torture and Inhuman yes inhuman or degrading treatment
    (CPT), the Advisory Committee on the Framework Convention for the
    Protection of National Minorities and the European Commission against
    Racism and Intolerance ( ECRI).

    10. We also relied on the legal opinion of the European Commission for
    Democracy through Law (Venice Commission) and in particular its
    conclusions about the compliance of a number of laws of Azerbaijan
    with the standards Council of Europe. During the period, the Venice
    Commission issued the following notice: the draft amendment to the
    Electoral Code of the Republic of Azerbaijan (joint opinion with the
    Office for Democratic Institutions and Human Rights of the
    Organization for Security and Cooperation in Europe (OSCE / ODIHR)) 13
    on the draft amendments to the Constitution of the Republic of
    Azerbaïdjan14, on the bill relating to obtaining information on the
    activities of courts of Azerbaïdjan15, the bill supplementing the Law
    on the Status of Municipalities of the Republic of Azerbaïdjan16, the
    compatibility of the legislation of the Republic of Azerbaijan on
    non-governmental organizations with human rights standards the
    homme17, as well as the law on freedom of religion18. In this regard,
    we commend the authorities of Azerbaijan for their constructive
    cooperation with the Venice Commission.

    11. We have been appointed co-rapporteurs of the Monitoring Committee,
    in November 2009 to Mr Debono Grech, replacing Ms. Evgenia Zhivkova
    (Bulgaria, SOC) who left the Assembly, in June 2010 Mr Agramunt,
    replacing Mr. Andres Herkel (Estonia, EPP / CD), whose mandate had
    expired. In the preparation of this report and to maintain a political
    dialogue, we visited Azerbaijan on four occasions: in February 2011,
    February 2012, June 2012 and November 2012. After these visits, we
    presented the commission information19Ã notes, which were subsequently
    declassified.

    12. During our visits, we held several meetings with senior
    representatives of the legislative, executive and judiciary in the
    country, representatives of civil society nationally and
    internationally, and the heads of the extra-parliamentary opposition.

    13. The Committee held a hearing on freedom of expression in
    Azerbaijan after the publication of a report by Amnesty International
    on the subject in December 2011. In addition, we meet regularly with
    representatives of non-governmental organizations (NGOs) present in
    Strasbourg Azerbaijan during parliamentary sessions.

    14. In preparing this report, we were faced with unprecedented
    pressure from a number of non-governmental organizations that
    Azerbaijan did not seem to understand the nature of parliamentary
    monitoring, based on political dialogue and a constructive approach.
    Their critics sometimes unfounded with respect to our work as well as
    their attempts to discredit us we were not easier.

    15. From the outset, we have tried to structure our dialogue with the
    authorities in order to achieve a common understanding of problems and
    measures that can be taken to improve the situation and progress in
    compliance with Azerbaijan of its obligations and commitments.

    16. We emphasize that throughout the preparation of this report,
    cooperation with the Azerbaijani authorities and the parliamentary
    delegation of Azerbaijan was excellent. We have obtained all the
    necessary information and received all the organizational support
    required for our visits.

    17. The table on the fulfillment of the commitments undertaken by
    Azerbaijan upon accession is attached to this report (see Appendix 1).
    2. Country's geopolitical situation 2.1. Regional and geopolitical
    context

    18. The situation in Azerbaijan on the political and security are
    largely determined by the geopolitical context, it can hardly be
    considered in isolation from it. The country borders the Russian
    Federation, Iran and Armenia.

    19. In this secular society and multireligious, the vast majority of
    the population is Muslim (over 97%), predominantly Shiite. However,
    Azerbaijan, unlike most other Muslim countries, Shiites and Sunnis
    often attend the same mosques and there is no conflict between them.
    For now, the Azerbaijani government has managed to hold off Islamic
    fundamentalism and ensures that other religions can be practiced
    freely. We looked closely at the issue of religious freedom and will
    return in more detail in a later chapter.

    20. Since its independence, Azerbaijan has sought, through its foreign
    policy, to find a balance in its relations with the European Union,
    Turkey, Iran and other neighbors of the Caspian Sea, the Federation
    Russia and the United States. It also maintains cordial relations with
    Israel. The authorities have always shown their pro-European
    aspirations and pursued a policy of integration into Euro-Atlantic
    structures.

    21. Regarding the foreign policy of Azerbaijan, the news is dominated
    by the ongoing conflict with Armenia over Nagorno-Karabakh. This will
    be discussed in the next chapter.

    22. Relations between Azerbaijan and Iran are influenced by various
    factors, including the presence of a large ethnic minority Azeri
    several million people in northern Iran, Islamic recurring fears of
    infiltration across the border South with Iran or cooperation in the
    energy sector. These relationships are also characterized by periodic
    tensions. Part of the political class considers even openly Iranian
    Azerbaijan as a mere province of the Islamic Republic of Iran. Well
    aware of this potential threat and fear of losing their particular
    secularism in this geopolitical context, the Azerbaijani authorities
    clearly looking strong political support from the European Union. They
    also want a reliable partner, modern secular EU eastern borders of
    Europe.

    23. The following incidents with Iran illustrate the problem: January
    19, 2012, the Azerbaijani Ministry of National Security announced that
    it had discovered a terrorist group planned the assassination of
    public figures. According to the Ministry, two Azerbaijani citizens
    who were in contact with Iranian special services, had smuggle guns
    and explosives from Iran to Azerbaijan. They were detained by the
    security forces of Azerbaijan. The termination of this conspiracy
    resulted in a real showdown.

    24. Recently, Iran has also accused Azerbaijan of allowing the safe
    passage of agents of the Israeli secret service he was responsible for
    the last two of a series of assassinations or assassination attempts
    Iranian nuclear scientists, which took place in January 2012.
    Azerbaijan has denied the allegations and asserted, by the voice of
    the spokesman of the Azerbaijani Ministry of Foreign Affairs Elman
    Abdullayev, the position of Iran was an "absurd reaction" to the
    grievances of Azerbaijan on plot that was orchestrated by Iranian
    agents to murder Israelis in Azerbaijan.

    25. Azerbaijan has established good relations with the United States.
    The visit of the U.S. Secretary of State Hillary Clinton to Baku in
    June 2012 can be seen as a confirmation of the importance of
    Azerbaijan as a strategic ally in the region, both as a producer of
    energy and its proximity to Iran.

    26. The Russian Federation also plays an important role in the foreign
    policy of Azerbaijan, especially in negotiations on Nagorno-Karabakh.
    A considerable number of Azerbaijani citizens live and work in Russia.

    27. In 2009, the authorities were deeply concerned with the
    improvement of relations between Armenia and Turkey in the absence of
    a solution to the problem of Nagorno-Karabakh. The establishment of
    diplomatic relations between the two countries and the reopening of
    the border closed by Turkey in 1993 in solidarity with Azerbaijan
    after the Nagorno-Karabakh were perceived by Azerbaijan as a threat to
    stability of the region.

    28. Finally, and this is not negligible, the rich resources of
    Azerbaijan's oil and gas make this country the target of divergent
    interests and strategies. As we will see later, Azerbaijan and will be
    an important supplier of oil and natural gas, especially to Europe.
    Conflicting claims on maritime boundaries and the delimitation of the
    seabed of the Caspian Sea among all riparian countries, especially
    between Azerbaijan and Iran, creating a climate of uncertainty
    permanente20.

    2.2. Nagorno-Karabakh

    29. Upon accession, Azerbaijan is committed to "continue efforts to
    settle the conflict by peaceful means" and "settle international and
    domestic disputes by peaceful means and in accordance with principles
    of international law (an obligation responsibility of all Member
    States of the Council of Europe), resolutely rejecting any threatened
    use of force against its neighbors. "

    30. Since the cease-fire of 1994, negotiations on the Nagorno-Karabakh
    were conducted within the Minsk Group co-chaired by France, Russia and
    the United States, but n 'unfortunately gave no tangible results so
    far. The lack of real progress in resolving the conflict aroused
    strong dissatisfaction in government and public opinion. We found that
    the international community, which can be blamed for failing to comply
    with its resolutions in relation to the conflict, has also
    considerable political pressure on Azerbaijan in other areas.

    31. Eighteen years after the cease-fire, no peaceful solution was
    found almost 20% of Azerbaijani territory, including Nagorno-Karabakh
    and seven surrounding districts, is always busy. Some 900,000 people,
    or 10% of the country's population, remain displaced, which weighs
    heavily on the economic and social Azerbaïdjan21.

    32. During our visit in February 2012, we visited one of the refugee
    camps on the outskirts of Baku and met with the Secretary of State to
    refugees and IDPs, who has compiled a comprehensive overview of the
    situation .

    33. In the report of the assessment mission on the ground co-chairs of
    the Minsk Group of the OSCE conducted in the occupied territories
    adjacent to Nagorno-Karabakh, published in late 2010, the co-chairs,
    evoking the disastrous humanitarian consequences they could observed
    in these territories, stressed that "the harsh reality of the
    situation in these territories only reinforces the view that co-chairs
    the status quo is unacceptable, and that only a peaceful negotiated
    settlement can bring the prospect of a better and safer future for the
    people living in these territories and those who live there now "22.

    34. Against the backdrop of increasing tensions along the line of
    contact, mediation efforts brought only very limited progress in the
    investigation of violations of the cease-fire.

    35. We learned that the conflict, which is called "frozen" because
    victims every day. According to information we obtained during our
    visits, about 30 people are killed each year, and more are injured. As
    one speaker said during the discussion on Azerbaijan in the
    commission, "the country is not at war, nor peace".

    36. The Parliamentary Assembly has tried to contribute to the peace
    process. In 2005, it adopted Resolution 1416 (2005) on the
    Nagorno-Karabakh region dealt with by the Minsk Conference of the
    OSCE, in which it decided to actively participate in the creation of a
    positive climate in the peace process without interfering in the
    negotiations. The Bureau of the Assembly created an ad hoc committee
    responsible for ensuring the implementation of this resolution,
    consisting of the heads of national delegations of Armenia and
    Azerbaijan, the co-rapporteurs for these two countries,
    representatives of groups policies not represented by these members
    and representatives of the main opposition party in each country. The
    late Lord Russell-Johnston was appointed President and then replaced
    by Jordi Costa Xuclà i.

    37. The work of this ad hoc committee has been difficult from the
    start and even more so after the death of its first president, a lack
    of cooperation by the Armenian side. Throughout the year 2011, the
    Armenians refused to take part in réunions23. The ad hoc committee has
    not yet been restored in 2012, the situation remained unchanged.

    38. During our visits to Azerbaijan, we observed a broad political
    consensus about the conflict, and many of our partners, including
    representatives of civil society, were disappointed by the
    indifference and passivity international community, including the
    Council of Europe. We even heard allegations that a policy of two
    weights, two measures have been applied to the countries concerned.

    39. It is also very worrying that the ineffectiveness of international
    mediation leads to increased frequency of hostile rhetoric and threats
    of use of force in public statements. The increase in the defense
    budget of Azerbaijan is another source of concern. Since 2005, it has
    increased by 70%, including 45% between 2010 and 201124. In 2011,
    defense spending accounted for $ 3.1 billion of the total budget of
    the State of $ 15.9 billion (19.47%) 25.

    40. It is obvious that the failure to resolve this conflict, which
    affects the territorial integrity of Azerbaijan, weighed on the
    country's development in all sectors. The permanent occupation of the
    territories in question and the presence of refugees and displaced
    persons within the country remains a major problem. Successful
    initiatives for resolving this conflict, which has been an obstacle to
    development in the country's internal political, economic,
    institutional and social progress is crucial for democratic future of
    Azerbaijan.

    41. However, only a peaceful solution can be considered: therefore,
    Azerbaijan and Armenia should redouble their efforts to reach an
    agreement on the Madrid principles, in accordance with the commitments
    made by the presidents of both countries in the framework of the Minsk
    Group. We noted, however, that the credibility of this format is
    increasingly challenged. 2.3. Relations with the European Union

    42. Relations between Azerbaijan and the European Union are governed
    by the Agreement on Partnership and Cooperation Agreement (PCA)
    between the European Union and Azerbaijan signed in 1996 entered into
    force in 1999. The main objectives and priorities for cooperation are
    defined in the Country Strategy Paper 2007-2013.

    43. Following his release in 2004, the EU launched the European
    Neighbourhood Policy (ENP) with five countries, including Azerbaijan.
    ENP sets ambitious objectives based on the commitment of the European
    Union and Azerbaijan to common values, particularly respect for the
    sovereignty, territorial integrity and inviolability of
    internationally recognized borders of each and others as well as
    democratic values.

    44. An action plan of the ENP to "significantly closer legislation and
    standards Azerbaijani those of the European Union" was adopted in
    2006. It defines several priority areas, including the contribution to
    the peaceful settlement of the Nagorno-Karabakh, the strengthening of
    democracy in the country, in particular through a fair and transparent
    electoral process in line with international requirements,
    strengthening the protection of human rights, fundamental freedoms and
    the rule of law in accordance with international commitments of
    Azerbaijan, the fight against corruption or economic integration. On
    several occasions, the Action Plan refers directly to the work of the
    Council of Europe and our activities suivi26.

    45. This action plan has expired December 31, 2011, but both parties
    have agreed to extend for an indefinite period, until the signing of
    the Association Agreement currently under negotiation.

    46. In 2007-2010, the envelope for the European Neighbourhood and
    Partnership was 88 million euros. The new National Indicative
    Programme for 2011-2013 is itself a budget of 122.5 million euros.
    This increase reflects the increased interest in strengthening
    cooperation. The purpose of this program is to achieve the objectives
    and priorities of the action plan: democratic structures and good
    governance, socio-economic reform and sustainable development, trade
    and investment, partnership and cooperation in various fields
    including energy, mobility and security.

    47. Azerbaijan is actively participating in the Eastern Partnership,
    launched in 2009, based on the ENP. It is also a founding member of
    Euronest.

    48. July 15, 2010, negotiations were initiated with a view to
    concluding an Association Agreement EU-Azerbaijan, who should succeed
    to the Agreement on partnership and cooperation, but progressing
    slowly. Once signed, this agreement will cover a number of areas,
    including political dialogue, justice, freedom and security as well as
    economic cooperation, which will significantly strengthen economic
    integration and political association of Azerbaijan with the European
    Union.

    49. This intensification of political dialogue is strictly related to
    the strengthening of economic relations. Since 2004, the European
    Union is the main trade partner of Azerbaijan. In 2010, trade with the
    EU accounted for 42.5% of total trade of Azerbaijan.

    50. Although the share of Azerbaijan in the overall volume of trade in
    the EU remains very low (less than 0.5%), the country remains a major
    supplier of oil and gas to the European Union. Its particular
    strategic importance is recognized in the Memorandum of Understanding
    on Energy concluded in 2006 between the EU and Azerbaijan.

    51. The oil and gas from the Caspian Sea are routed to the European
    Union through pipelines crossing Georgia and Turkey, as well as by
    rail to the Georgian ports of Poti and Batumi. A "southern corridor"
    routing, which would include the Nabucco pipeline is planned. The
    agreement to build the pipeline transanatolien (TANAP), which could be
    an alternative to Nabucco provides routing future gas to Europe via a
    "southern corridor". 2.4. Signature and ratification of the Council of
    Europe

    52. On 5 June 2012, Azerbaijan had signed and ratified 56 conventions
    of the 213 Council of Europe, including all legal instruments included
    in the list of commitments, except one.

    53. It is the European Charter for Regional or Minority Languages
    (ETS No. 148), which was signed on 21 December 2001 but has not been
    ratified, despite the commitment that was made to do so in a within
    one year after accession.

    54. During our visit in February 2012, we were informed that the
    ratification process is underway, but it is progressing slowly.
    Presumably the reluctance of authorities in the field is related to
    the fear that the implementation of the Charter is misused by some
    radical groups in areas near the Iranian border.

    55. In its 2012 biennial report on the implementation of the European
    Charter for Regional or Minority minoritaires27, the Secretary General
    urged the Azerbaijani authorities to benefit from legal aid experts
    from the Council of Europe in order to develop an instrument of
    ratification, which takes full account of the specific problems that
    may exist in the country. During the part-session of the Assembly in
    April 2012 in Strasbourg, we met with members of the Secretariat of
    the Charter, which provided us with interesting information about the
    safeguards against misuse of the provisions of the Charter. We hope to
    convince the authorities to accelerate the ratification process and to
    conclude without further delay.

    56. Finally, Azerbaijan has not yet signed the updated version of the
    Convention on Money Laundering and the Financing of Terrorism (CETS
    No. 198). We learned that this process was also underway. 3. Economic
    and social situation

    57. The economy of Azerbaijan has experienced a significant decline
    after the collapse of the Soviet Union and has started to recover in
    the mid-1990s. After an exceptionally rapid growth between 2001 and
    2010, which averaged over 16% during this période28et was largely
    driven oil exports, the growth of gross domestic product (GDP) is
    almost stopped in 2011, 0.1%.

    58. Oil and gas are essential factors in the economy of Azerbaijan,
    they represent more than 40% of PIB29. The high price of oil has
    greatly benefited the economy. However, in 2011, the total volume of
    oil exports fell 21.6%. According to official Azerbaijani decline in
    the oil and gas was due to some repair work on oil rigs and in some
    refineries.

    59. Azerbaijan is considered one of the most important regions of the
    world in terms of exploration and development of oil and gas. The
    proven oil reserves in the Caspian Basin, the country shares with
    Russia, Kazakhstan, Turkmenistan and Iran are estimated at 7 billion
    barils30 a volume comparable in size to the reserves in the North Sea.

    60. The European Union is the main consumer of Azerbaijani oil: it
    accounts for nearly half of the country's exports.

    61. Azerbaijan has concluded several production sharing with various
    oil companies. The country's total production is ensured by less than
    20% of the national oil company of Azerbaijan Republic (SOCAR) and 80%
    by the AIOC (Azerbaijan International Operating Company) led by BP31.
    Major international oil companies have invested more than $ 60 billion
    in the extraction, production and transportation of oil from
    Azerbaijan. In 2006, BTS pipeline carrying oil from the Caspian Sea to
    the Mediterranean via Georgia and Turkey entered into service. It
    carries nearly 80% of oil exports from Azerbaijan, the remaining 20%
    being shared between two other pipelines (Baku-Novorossiysk on the
    Black Sea in Russia and Baku-Supsa on the Black Sea in Georgia). A
    "southern corridor" including Nabucco pipeline is under construction.
    Also note, as mentioned above, the agreement on the pipeline
    transanatolien, which was ratified by the Azerbaijani Parliament
    November 20, 2012.

    62. Azerbaijan has made considerable efforts to modernize and reform
    its economy. The government has initiated regulatory reforms in
    several areas and has undertaken a particularly marked openness of
    trade policy, but the impact of these reforms is limited due to the
    inefficiency of the public administration. The government has almost
    completed the privatization of agricultural land and small and medium
    enterprises. However, the state continues to play a very important
    role in industry and there is still much to be done to develop the
    economy, including the modernization of tax and customs administration
    and strengthening the fight against corruption.

    63. The prominence of the public expenditure growth is not related to
    oil and the weak role of foreign trade are sources of concern. Other
    problems include the rate of youth unemployment relatively high and
    weaknesses context for investors, including small and medium
    enterprises (corruption, fiscal transparency and governance in
    particular).

    64. The main challenge for the economy of Azerbaijan will strengthen
    this growth, including diversification, that is to say, the
    development of non-oil sectors. Further structural reforms are needed
    to promote private sector development by improving economic governance
    and the opening of the concurrence32.

    65. Azerbaijan has submitted an application to join the World Trade
    Organization (WTO) in 1997. The negotiation process is underway but
    progressing very slowly. The accession could take place in 2013 at the
    earliest.

    66. Despite the economic downturn, Azerbaijan has maintained
    macroeconomic stability, continued to struggle against poverty and
    encouraged the diversification of the economy. According to the World
    Bank, Azerbaijan has achieved remarkable results in managing to bring
    down the poverty rate from 49% in 2001 to nearly 9% in 2010. This
    performance is even more impressive, according to estimates, one in
    nine people in Azerbaijan is a displaced person in his country as a
    result of the Nagorno-Karabakh. The decline in poverty is also
    spectacular when compared to the results obtained in other countries,
    particularly those in the region.

    67. Inequality declined, the Gini coefficient has fallen by almost 8%
    to 34% in 2008. In 2010, the average income difference between urban
    and rural areas was relatively low, with coefficients of 33% and 27%
    respectivement33.

    68. The government is currently implementing an action plan 2011-2015
    for the implementation of the State Programme for Poverty Reduction
    and Sustainable Development.

    69. The unemployment rate, which remains relatively low, stood at 5.5%
    in 2011. There was a marked increase in real wages.

    70. In 2005, the President signed a National Strategy for Employment
    for 2006-2013, developed in cooperation with the ILO and with
    particular focus on vocational training, the development of small and
    medium enterprises and social protection.

    71. That said, there is still much to do. Access to essential health
    facilities, particularly for the poorer sections of the population,
    remains a concern. In the ranking of countries according to the Human
    Development Index (HDI), which takes into account the health,
    education and income, Azerbaijan stands still behind comparable
    countries in Europe and Central Asia. Assessments conducted by the
    World Bank and the Organisation for Economic Cooperation and
    Development (OECD) show that inequality in access to education and
    health. 4. Political situation

    72. The period covered by this report was marked by the presidential
    election in October 2008 and the parliamentary elections in November
    2010, as well as constitutional reform following the referendum in
    March 2009 on amendments and additions to the Constitution . Municipal
    elections were held in December 2009.

    73. Of the seven presidential candidates registered by the Central
    Election Commission, the outgoing president, Ilham Aliev, supported by
    the ruling party, won the election with 88.73% of the vote and a
    turnout of 75 , 64%. The ad hoc committee of the Parliamentary
    Assembly which observed the elections concluded that despite a number
    of shortcomings, the results of the election held on 15 October 2008
    "reflected the will of the national electorate" 34 .

    74. In the parliamentary elections of 7 November 2010, the ruling New
    Azerbaijan Party (YAP), won a majority with 71 seats (out of 125).
    Independent candidates won 42 seats, the party of civic solidarity
    three seats, the party Ana Vatan two seats, while the party UMID, the
    Citizens' Union, Adalat party, the party of democratic reform, Front
    party People joined the party of social prosperity and advantage of
    the large building got one seat each. The turnout was 49.56%. In their
    joint statement, the observers of the Parliamentary Assembly of the
    Council of Europe, Parliamentary Assembly of the OSCE, the European
    Parliament and the OSCE / ODIHR concluded that "the entire process was
    not a significant progress in the direction of democracy "35.

    75. Although they make positive changes such as inclusion in the
    constitution of the principle of public access sessions of parliament
    and the obligation to publish decisions of the Supreme Court and the
    Constitutional Court as well as laws adopted but also the extension of
    the jurisdiction of the legislative initiative to 40,000 citizens, the
    constitutional amendments of 2009 establish other rules that are of
    concern.

    76. Among these include in particular the possibility of unlimited
    reelection président36. Indeed, the constitutional limitation
    expressly consecutive presidential terms is particularly important in
    countries where democratic structures and political culture have not
    yet been consolidated. Criticism in successive elections only
    reinforce these fears.

    77. Other areas of concern in the constitutional amendments of 2009
    are the extension of the mandate of the Milli Mejlis (Parliament of
    Azerbaijan) and the President in the event of military operations,
    amendments to bodies of local self-government not complying with the
    European Charter of Local Self-Government (ETS No. 122), 37 and
    restrictions on media freedom.

    78. It should be noted that the authorities had not, prior to the
    referendum, sought the opinion of the Venice Commission on the
    proposed amendments, despite the impact of these on the functioning of
    democratic institutions. The request for an opinion was presented in
    late January 2009 by the Monitoring Committee and the Secretary
    General of the Council of Europe. However, the opinion was adopted in
    March 2009, just days before the referendum, and has not been taken
    into account by the authorities azerbaïdjanaises38.

    79. The turnout in the referendum on the amendments, held on 18 March
    2009 was 70.83%. The 41 amendments presented 29 questions were
    accepted, with a percentage of "yes" varies between 87.15 and 91.76%.
    A delegation of the Parliamentary Assembly was present in the
    referendum.

    80. Municipal elections were observed by a delegation of the Congress
    of Local and Regional Authorities of the Council of Europe, which was
    regarded as "an symptomatic of the situation is still unsatisfactory
    local democracy and more generally the weakness of local governments
    Azerbaijan "39.

    81. Since the general election of 2005, relations between the
    authorities and the opposition have remained tense and were
    characterized by an almost total absence of dialogue between the two
    parties. Despite the participation of the opposition in the 2005
    elections, some opposition parties have decided not to attend the next
    election, citing barriers to equal opportunity, and those who took
    part are finally removed from the partial re-elections in 10
    constituencies in May 2006 and the presidential election of October
    2008, in protest. During the 2005 elections, the ruling party (New
    Azerbaijan Party - YAP) has won 64 of 125 seats and 45 seats returned
    to independent candidates who support throughout the party in power,
    but are sometimes critical against the authorities. The opposition
    party Musavat were four members of parliament. Some opposition
    parties, including the Popular Front Party of Azerbaijan, have refused
    to take their seats in parliament.

    82. During the 2010 elections, the opposition was divided and highly
    fragmented (five blocks and two parties); thus, very few opposition
    candidates won seats (we will return to the issue of elections in the
    chapter entitled "Operation of pluralist democracy").

    83. The lack of genuine political dialogue was unfortunately
    exacerbated by the deterioration of the political context. We consider
    the disturbing reports of restrictions on freedom of expression and
    assembly, and violations of human rights, including acts of harassment
    and violence against journalists, human rights defenders rights,
    lawyers and activists. These issues will be discussed in more detail
    in the following chapters.

    84. The excessive use of force by police to disperse the protests that
    took place in Baku in March and April 2011, and that the detention of
    participants, raises legitimate concerns. Fifteen persons sentenced to
    imprisonment of two to three years for hooliganism at that time were
    considered by Amnesty International as prisoners of conscience.
    Fortunately, all have now been released, either by court order or as a
    result of presidential pardons. We return to this point in the broader
    context of the chapter on the rule of law, where we look at the
    restrictive application of the Penal Code and the independence of the
    judiciary, and continue to monitor the situation various alleged
    political prisoners in our visits and future reports.

    85. In May 2012, Azerbaijan came under the spotlight by hosting the
    Eurovision Song Contest 2012. Azerbaijani activists have seized this
    opportunity to draw the attention of the international community on
    violations of human rights committed by the authorities, launching a
    campaign called "Sing for Democracy" with the support of Amnesty
    International.

    86. In all our contacts with the highest authorities, we expressed our
    deep conviction that it is in the best interests of the democratic
    process and the ruling party itself to face the opposition in a
    representative body and to engage in a political dialogue really
    significant within the parliamentary framework.

    87. We also insisted on the fact that we can not escape criticism by
    limiting freedom of expression and assembly. 5. Functioning of
    pluralist democracy 5.1. Free and fair elections

    88. Since the accession of Azerbaijan to the Council of Europe in
    2001, two presidential elections (2003 and 2008) and two elections (in
    2005, followed by a partial repeat in 2006 and 2010) took place . All
    have been observed by Assemblée40. Unfortunately, none of these
    elections failed to meet democratic standards fully.

    89. The 2005 elections have even led to the credentials of the
    delegation of Azerbaijan on substantial grounds within the Assembly
    parlementaire41 and partial re-election in 2006.

    90. Recently, the European Court of Human Rights issued rulings in
    seven cases (out of 35 deemed admissible) on the 2005 parliamentary
    elections in Azerbaijan, where it has found a violation of Article 3
    of Protocol No. 1 (right to free elections) 42. Five cases involved
    complaints presented among others by the leaders of the opposition
    parties on the arbitrary invalidation of election results in the
    constituency of the applicants, with the invalidation of private
    victory. Another case concerned a complaint about arbitrary and
    ineffective considering the applicant's complaints about electoral
    irregularities. After the judgment, the Court struck seven other
    similar applications, following a unilateral declaration by the
    government in which he acknowledged the alleged violations. The final
    judgment concerned the arbitrary refusal to register the applicant on
    the list of candidates for elections.

    91. During the reporting period, as we have already indicated, a
    presidential election and a general election took place. In 2008, the
    presidential election was observed by international observers of the
    Office of Democratic Institutions and Human Rights of the OSCE (OSCE /
    ODIHR), the Parliamentary Assembly of the Council of Europe and the
    European Parliament européen43. In a joint statement, they concluded
    that considerable progress had been made in the organization of the
    presidential election in Azerbaijan but all the international
    commitments of the country had not been completed and that further
    efforts were needed to respond to crucial international commitments,
    including those related to pluralism, neutrality in the environment of
    the campaign and the media. Observers noted that five opposition
    parties boycotted the election citing persistent obstacles to equal
    opportunities.

    92. In its conclusions, the ad hoc committee has highlighted a number
    of shortcomings in the electoral process, in particular with regard to
    the Electoral Code, the composition of electoral commissions, the
    media environment and the restrictive application of the law on the
    freedom of assembly.

    93. Upon accession, Azerbaijan is committed to "revise the legislation
    on elections, especially the Law on the Central Election Commission
    and the Electoral Act, taking into account the recommendations made by
    international observers during elections past, so that the next
    parliamentary elections in autumn 2000 confirm definitively the
    progress made and their results are accepted by the majority of
    political parties participating in elections, and they can be regarded
    as free and fair by international observers. "

    94. The Azerbaijani authorities have called on the expertise of the
    Venice Commission on the reform of the electoral code just before the
    elections in May 2006. Consultations continued until 2008 and the Law
    on Amendments to the Electoral Code was adopted by Parliament in June
    2008. In its opinion on these amendements44, the Venice Commission
    noted that "some previous recommendations are not taken into account
    any amendments or only in part." Aspects that posed the biggest
    problem was the composition of the Central Election Commission (CEC)
    and the territorial election commissions, registration of candidates,
    observers, the electoral and accuracy, as well as procedures for
    complaints and appeals.

    95. In two consecutive resolutions on the functioning of democratic
    institutions in Azerbaijan, adopted in 2008 and 2010, the Assembly has
    asked the authorities to ensure conditions for the parliamentary
    elections in November 2010 to be in full compliance with European
    standards, in particular cooperation with the Venice Commission to
    revise the electoral code on the outstanding issues, namely those
    mentioned at the end of the previous paragraph.

    96. Both resolutions also asked to set up the conditions for a fair
    election campaign, including the full implementation of the law on
    freedom of assembly and respect for media freedom.

    97. These problems had not been fully addressed in the parliamentary
    elections of November 2010 which, according to international
    observers, including those of the Parliamentary Assembly, did not
    constitute a significant advance in the direction of the country's
    democratic development. Observers were particularly concerned about
    restrictions on media freedom and freedom of assembly, as well as
    irregularities in the registration process of candidates. They also
    stressed that these failures, coupled with an environment impeding
    competition, have created for candidates from an uneven playing field
    that the voters have limited the possibility of an informed choice.
    Finally, they were concerned about credible allegations of
    intimidation of voters and candidates, as well as abuse of
    administrative resources, the lack of effective legal remedies against
    decisions relating to electoral complaints and lack of pluralism in
    coverage. Observers have expressed concern that the recommendations
    contained in the 2008 opinion of the Venice Commission were not taken
    into account.

    98. Unfortunately, many of the issues raised in previous elections
    have still not been resolved to this day. The next presidential
    election is scheduled for mid-2013. During our visits, we stressed the
    importance - already noted in the recommendations of the Venice
    Commission - revising the Electoral Code to bring it into conformity
    with European standards. We hope that this will be done for the next
    election. 5.2. Party pluralism

    99. Azerbaijan has many registered political parties, many of which
    are critical of the authorities. However, following the November 2010
    elections, several opposition parties won no seats in parliament. As
    we have already indicated, the ruling party won 71 seats out of 125,
    divided between 45 other independent candidates and sole
    representatives of other parties that generally support the party in
    power, but also adopt attitude often critical of government policies.

    100. Some opposition parties, including the Musavat Party and the
    Popular Front Party of Azerbaijan, have challenged the results of the
    last elections. However, the authorities drew our attention to the
    fragmentation of the opposition who they believe has contributed to
    the defeat of the latter.

    101. The political dialogue between the authorities and the main
    opposition parties is largely insufficient in our eyes. We addressed
    this issue in each of our visits. The authorities have pointed out
    that the lack of dialogue was due to the non-constructive attitude of
    the extra-parliamentary opposition.

    102. However, during our interviews, representatives of the
    extra-parliamentary opposition complained climate permanent weight
    restriction on their activities. including restrictions on freedom of
    expression and freedom of assembly, as well as lack of access to
    public television, there was even, according to them, bullying and
    harassment or persecution against members and supporters (we will
    discuss these issues in more detail in the following chapters). They
    also referred to the judgments of the European Court of Human Rights
    on violations committed during the 2005 elections and a number of
    cases concerning the elections of 2010, pending before the Court.

    103. They expressed concern about the funding of political parties as
    well as politiques45 serious logistical problems, including difficulty
    in renting space for the seat of their parties and their regional
    offices.

    104. Following their defeat in the 2010 elections, the candidates of
    the main opposition parties have created extra-December 28, 2010, the
    Civic Movement for Democracy and "Public Chamber". This great training
    includes opposition leaders Musavat and Azerbaijani Popular Front
    Party, as well as eight other leaders of political parties and
    representatives of civil society. The stated objective of the Public
    Chamber is to promote democratization and new solutions to the
    problems facing the country. In a statement issued after its meeting
    in January 2012, the Public Chamber has set major goals of its action:
    ensure compliance with human rights and freedom of assembly and create
    the conditions for the holding of elections in full respect of
    democratic principles.

    105. Public Chamber does not group all the extra-parliamentary
    opposition. January 12, 2012, representatives of five
    extra-parliamentary opposition parties (the Popular Front Party
    classical Aydinlar, the party of the public company, the Liberal
    Democratic Party and Azadliq) have created a new "Resistance Movement
    for a company democratic ", whose objective is to reform the electoral
    law to create the conditions for elections in accordance with
    democratic standards, to fight corruption and find a solution to the
    problem of Nagorno-Karabakh.

    106. This new movement is ready to cooperate with the Public Chamber
    and the two teams are currently negotiating for a possible merger.
    However, their views differ regarding the assessment of the situation
    and strategy.

    107. Regarding multi-party, we want to mention here changes the 2004
    law on political parties, which have recently been adopted by
    Parliament. In December 2011, the Venice Commission adopted an opinion
    on these amendments at the request of gouvernement46. We wish to
    acknowledge here that the government has decided to seek the expertise
    of the Venice Commission, but regret that he did not take into account
    all the recommendations of the latter.

    108. In 2004, the Venice Commission had already formulated an opinion
    on the first law on political parties and identified a number of
    problems in the latter. Unfortunately, the recent proposed changes do
    not address the gaps then highlighted.

    109. In particular, the new draft amendments do not address the issue
    of transparency in the funding and use of funds for political parties
    and private donations, issue already raised by the Venice Commission
    in its 2004 opinion. However, this is a major problem, which can be a
    source of corruption and creates conditions of unfair competition
    between the parties. More generally, the party financing remains
    problematic, leading to unequal opportunities and penalizes a large
    extent the opposition parties.

    110. Besides the fact that they do not take into account previously
    identified problems, the proposed amendments introduce new rules that
    the Venice Commission in its opinion critical. For now, it is not yet
    clear which body would be responsible for the dissolution of any
    parties who do not respect the law. The impartiality and independence
    of such a body must also be garanties47. However, we note with
    satisfaction that following the recommendation of the Venice
    Commission, which was available from 1 000 to 5000 the minimum number
    of members required to register a political party was finally
    withdrawn Bill.

    111. The creation of an inclusive political system and an environment
    conducive to the establishment of political pluralism is of particular
    importance in view of the upcoming presidential election in 2013.
    There is still time to address a number of issues raised repeatedly by
    the opposition and civil society and the international community,
    including the Parliamentary Assembly and other organs of the Council
    of Europe, particularly with regard to the Electoral Code.

    112. Finally, it is necessary to address the persistent problems of
    restrictions on freedoms and violations of human rights (which we will
    discuss in the next chapter), in order to create the conditions for a
    truly competitive political environment and without barriers, such as
    to promote party pluralism.

    113. Once again, we emphasize our profound conviction that it is in
    the best interests of the democratic process and the ruling party
    itself to face the opposition in a representative body and engage
    really significant political dialogue within the parliamentary
    framework. 5.3. Separation and balance of powers

    114. Upon accession, the Azerbaijani authorities have pledged to
    "pursue reforms aimed at strengthening the independence of the
    legislature vis-Ã-vis the executive, so that the former can exercise
    the right to question members of the government ".

    115. The Constitution of Azerbaijan, adopted in 1995, establishes a
    strong presidential system, further strengthened by constitutional
    amendments entered into force in 2002 and 2009. All previous
    monitoring reports have highlighted the need for greater parliamentary
    control over the executive to ensure the balance of power.

    116. To honor this commitment and to create a mechanism for the
    legislature to exercise the right to arrest members of the government,
    a constitutional law "on Safeguards for the vote of confidence of the
    Milli Mejlis of the government" was adopted 2001.

    117. The Venice Commission observed in its avis48 that the law did not
    introduce any change in the political system of Azerbaijan, but
    provided a mechanism for Parliament to exercise some control over the
    executive through a vote of distrust in the form of a recommendation.
    Any substantial strengthening of parliamentary control would require a
    revision of the Constitution by referendum. In other words, the law in
    question through a mechanism yet to be established. Unfortunately,
    this has not been done in a referendum on constitutional amendments in
    2009.

    118. The main weakness of the parliament is no real opposition. As we
    have already seen, some opposition parties have no representatives in
    the elected body and those who serve seem to support the party in
    power in most cases. This perception, often unfounded, is reinforced
    by restrictions on the possibilities of parliamentary action of
    individual members in the internal regulations imposed current Milli
    Meijlis.

    119. Accordance with this Regulation, it takes at least 25 members to
    form a parliamentary group, representing 20% ??of total members (125).
    In most Member States of the Council of Europe, this figure varies
    between 3% and 5%. Such a high percentage seems especially
    inappropriate in a parliament where the opposition is so fragmented.
    Members who do not belong to the ruling party are either independent
    or only representatives of different parties, there is a caucus, the
    party in power. In addition, opportunities for parliamentary action
    enjoyed by those members are extremely limited compared to members of
    a parliamentary group. They are deprived of many important rights
    essential to the exercise of their functions.

    120. The need for a revision of the internal rules of the Milli
    Meijlis has already been highlighted in the 2007 report on the
    honoring of obligations and commitments by Azerbaijan, it has also
    been highlighted by our interlocutors, not members of the ruling party
    During our meeting in parliament. We fully share this view and believe
    that strengthening the role of individual members and a decrease in
    the number of members required for the creation of a parliamentary
    group contribute significantly to increase the role of parliament.

    121. However, there is still much to do to strengthen parliamentary
    oversight of the executive and improve the balance of power in a state
    with a strong presidential system. Like all our predecessors, we
    stress the importance of strengthening the practical application of
    the principle of separation of powers enshrined in the Constitution,
    in particular by strengthening the role of parliament vis-Ã-vis the
    executive.

    122. The question of the independence of the judiciary is another
    source of concern. We examine in a separate chapter. 5.4. Local and
    Regional Democracy

    123. Upon accession, Azerbaijan is committed to "sign and ratify,
    within one year of its accession, the European Charter of Local
    Self-Government." The charter was ratified in 2002, since Azerbaijan
    is subject to the monitoring procedure of the Congress of Local and
    Regional Authorities of the Council of Europe (Congress).

    124. The latest monitoring report of the Congress was presented in
    October 201249. In their conclusions, the rapporteurs regret that
    Azerbaijan has not made any real progress in the implementation of the
    Charter for the recommendations made by the Congress in 2003. They
    point out that the country does not meet certain basic principles and
    provisions of the Charter. The issues raised in the monitoring report
    of 2003 have not been resolved.

    125. On the contrary, the situation has worsened since the adoption of
    amendments to the Constitution of the Republic of Azerbaijan in 2009,
    and in particular a new Article 146 on local autonomy, as confirmed by
    the opinion of the Venice Commission on the draft amendements50 and
    statements of the President of Congress cited précédemment51.

    126. Authorities must undertake reforms aimed at complex
    administrative and financial decentralization to develop local
    autonomy. In its recent report, Congress has highlighted several
    problems, including the ambiguity and lack of definition of local
    autonomy. It is important that the legislation recognizes
    municipalities as institutions of the State exercising public power in
    the context of the country's public administration, in accordance with
    the European Charter of Local Self.

    127. The unclear division of responsibilities between municipalities
    and local bodies of the state leads to conflicts and undue
    interference in the activities of municipalities. The hierarchical
    relationship is between the local executive authorities directly
    linked to central government authorities and elected municipalities do
    not comply with European democratic standards and the Charter. The law
    on the status of municipalities should be revised in order to define a
    clear division of tasks and powers between the central system of
    parallel state administration under the President of the Republic and
    municipalities.

    128. In addition, it is necessary to ensure the transparency of
    mergers of local autonomy, with the participation of the
    municipalities concerned, in accordance with the Charter and
    consultation mechanisms it provides.

    129. The bill adds to the Law on the Status of Municipalities of the
    Republic of Azerbaijan presented to the Venice Commission of the
    Azerbaijani authorities in 2010 did not solve these problems, as
    confirmed by the opinion of the Commission Venice to sujet52. The law
    has not been amended since.

    130. It is important that the authorities take concrete steps to
    implement capacity building programs and training of municipal
    employees to improve the quality of their daily work.

    131. The recommandation53 passed by Congress at the end of the debate
    on the Report includes a number of measures that should be taken by
    the Azerbaijani authorities to advance the implementation of the
    European Charter of Local Self. We hope that the authorities will
    resolve all issues raised by Congress.

    132. Upon accession, Azerbaijan is committed "to amend, before the
    forthcoming local elections, the current law on powers of local
    authorities to enhance their skills and independence, taking into
    account the recommendations made in this respect by the Congress of
    Local and Regional Authorities of Europe (CLRAE). "

    133. The Electoral Code was adopted in 2003 and amended in 2008 and
    2009, defines the rules for the organization and conduct of elections
    for all elected bodies, including municipalities. As we have already
    indicated, following a request of the Azerbaijani authorities, the
    Venice Commission adopted an opinion on the amendments to the
    Electoral Code immediately after their adoption in 2008. The concerns
    expressed in this opinion also apply to municipal elections.

    134. This was confirmed, as mentioned in an earlier chapter, the
    conclusions of the Congress delegation that observed the elections in
    200954.

    135. In addition, observers have raised three major concerns: the lack
    of genuine political pluralism parties, the scarcity of candidates
    representing a real opposition and, consequently, the absence of
    active campaign, the questionable nature of the process registration
    and counting of votes, as well as local and regional democracy in
    Azerbaijan undeveloped. 6. Rule of law 6.1. Judicial power

    136. Since 2000, the Azerbaijani authorities work in close cooperation
    with the Council of Europe for the reform of the judicial system.
    Parliament adopted several laws to ensure greater independence of
    judges and to improve judicial procedures, including the Law on the
    Bar and judges (Law on Courts and Judges), according to the list of
    commitments upon accession.

    137. Among the laws in question, which established the Judicial Legal
    Council in 2005 was a breakthrough for the proper functioning of the
    judicial system. The newly adopted legislation also provided a revised
    procedure for recruitment of judges following a selection process fair
    and transparent developed in cooperation with the Council of Europe55.
    It also extended to judges the financial rules set out in the 2004 Law
    on the fight against corruption, including the submission of tax
    returns and restrictions on gifts. A circuit has been developed to
    enable natural and legal persons to report cases of corruption in the
    judicial system. Training programs for candidates wishing to engage in
    the judicial system have also been established.

    138. Finally, the authorities have made significant investments in
    infrastructure and building capacités56.

    139. In February 2009, the President issued a decree establishing the
    State Programme 2009-2013 for the development of the judicial system.
    The objectives of the program included improving the quality of
    legislation and the training of staff.

    140. However, the undeniable progress made in the establishment of a
    legislative framework must be accompanied by effective implementation
    and systematic laws passed. The lack of independence of the judiciary
    remains a major concern in Azerbaijan.

    141. The independence of the judiciary is a prerequisite to achieving
    the democratic principles of the separation and balance of powers.
    >From our point of view, the Azerbaijani authorities should redouble
    their efforts to ensure full independence of the judiciary, in
    particular vis-Ã-vis the executive. In Azerbaijan, the executive
    continues to exercise influence over the judiciary, so that the
    problem persists. Our visit to the country in June 2012 was mainly
    devoted to this question.

    142. Accordance with the Council of Europe, the independence of the
    judiciary and individual judges should be guaranteed by an independent
    judiciary. It is important at the highest point that the functions of
    this body, its composition and the selection of its members respect
    democratic norms to ensure its independence and impartiality absolute.

    143. As has been mentioned above, such a body - the Judicial Legal
    Council - was established in 2005 in Azerbaijan. However, it does not
    include the number of missions it to provide and implement the
    independence of the judiciary, the main guarantor of independence is
    the president of the country, under the Constitution of Azerbaijan.
    Entrusting this responsibility to one person and not an independent
    problem, and in any country.

    144. The Law on the Judicial Legal Council, adopted by parliament in
    2005 does not include among its functions, as described above, and to
    ensure the implementation of the independence of the judiciary.
    Specific areas of competence of the Judicial Legal Council include the
    organization and functioning of the judiciary, including the
    selection, evaluation and promotion of judges, and the exercise of
    disciplinary proceedings against them, their appointment in different
    positions, but also, more generally, the implementation of the
    autonomy of the judiciary. From our point of view, to ensure and
    strengthen the independence of the judiciary, Azerbaijan should revise
    the Constitution and the Law on the Judicial Council and legal way to
    endorse the main function of the Judicial Legal Council of Azerbaijan.

    145. To carry out its mission, the Judicial Legal Council must be
    totally independent, as described above. Accordance with the Council
    of Europe, it should be composed either exclusively of judges, or a
    majority of judges elected by their peers. The Judicial Legal Council
    of Azerbaijan has 15 members, most of whom are judges, the others
    being the representatives of the executive and legislative branches,
    the prosecutors and the Bar.

    146. If, in theory, the composition of the Board complies with
    European standards in the field, the appointment procedure is more
    problematic. Certainly, appointments are made on the basis of a
    recommendation of the General Assembly of Judges, but it must always
    provide at least two candidates for the same position and the final
    decision is taken, depending on the position, in various organs,
    including the Minister of Justice, the Constitutional Court and the
    Supreme Court.

    147. In other words, the selection of the majority of members of the
    Board involves not only judges who elect their peers, but also the
    executive. This procedure does not meet the standards of the Council
    of Europe and should be revised. We recommend amending the Law on
    Judicial and Legal Advice to simplify the procedure for selection and
    appointment of Board members and transfer to the General Assembly of
    the judges the right to select and directly elected members.

    148. The executive influence on the independence of the judiciary is
    further enhanced by the fact that the Council participates, to a
    lesser extent, the development process of the court budget, which is
    contrary to European best practices. The Law on the Judicial Legal
    Council should give more powers to the Council on its own budget57.

    149. Procedures for the selection, appointment and promotion of judges
    are also of crucial importance to ensure the independence of the
    judiciary. In particular they should be free from political
    interference, which is why the role of the legislature and the
    executive should be limited throughout the procedure. Unfortunately,
    the current practice in this field in Azerbaijan is contrary to
    European standards, given the decision-making power of the President
    in the appointment of judges, power enshrined in the Constitution, the
    Law on the Judicial Legal Council and the Law on judges. We urge the
    authorities to revise the legislation to strengthen the role of the
    Judicial Legal Council in the appointment process, by passing the
    status of the body responsible for making recommendations to the
    decision-making body. They should also ensure that the law provides
    for the establishment of criteria for promotion of judges,
    inexistants58 today.

    150. To ensure the independence of judges and remove any possibility
    of influence on the latter, there should be a single term of office
    for all and make it permanent mandate. In Azerbaijan, the rules allow
    the extension of the mandate of some judges to the age of 70 instead
    of 65. There should be a retirement age for mandatory retirement is
    the same for all judges. Decisions on a case taken by the Judicial
    Legal Council increase the risk of undue interference.

    151. Moreover, security of tenure should be guaranteed up to the age
    of mandatory retirement. Exceptions to this principle, in particular
    those arising from disciplinary action should be clearly defined and
    limited to the most serious cases. Unfortunately, the reasons for
    termination of office of a judge, as defined in the law are unclear
    and lacking consistency. They include the exercise of activities
    incompatible with the job, a serious or multiple violations of the law
    in deciding cases or unable to perform the duties of a judge following
    an opinion by a medical board. These reasons are vague and offer too
    much room for interpretation. We recommend revising the legislation on
    the matter so that it fully complies with the standards of the Council
    of Europe59.

    152. The concerns expressed in the previous paragraph also apply to
    disciplinary proceedings. That the Judicial Legal Council is the only
    jurisdiction to initiate such a procedure is in accordance with
    European standards, but again, some reasons are unclear and are likely
    to give rise to abuses. Given the concerns expressed above regarding
    the composition of the Judicial Legal Council, we believe that there
    is a risk of undue interference. The whole process should be more
    transparente60.

    153. The issue of fair trial has been asked repeatedly during our
    interviews with civil society and is also a concern of the
    international community. The OSCE systematically follows the trials
    the most sensitive and most récent61 report, as well as comprehensive
    information that was provided to us during our meeting in Baku, we
    have been very useful.

    154. Irregularities are sometimes observed at the pre-trial stage, as
    appropriate arrests without warrants, preliminary hearings in camera,
    it is impossible for the accused to be assisted by a lawyer or timely
    access to the lawyer of his choice or the unjustified extension of the
    period of detention, in violation of the law of Azerbaijan.

    155. The lack of equality of arms during the trial is another source
    of concern. Lawyers have complained about not having the opportunity
    to challenge evidence or conflicting or erroneous arguments presented
    by the prosecution as evidence, to present their own evidence or to
    call a number of witnesses essential.

    156. Other irregularities in the conduct of the trial have been
    reported, including the refusal by a judge to allow the defense to
    examine the evidence used against a defendant (for example, in the
    case of participants in events April which ended August 25, 2011, it
    was not responded to requests by defense lawyers to get the
    presentation to the court videotapes available to analyze crimes
    allegedly committed during demonstrations by the accused persons), and
    convictions without clear evidence.

    157. More generally, there is concern that, as in other countries with
    a Soviet legacy, the courts in many cases seem to be an extension of
    the prosecution. Evidenced by, among other things, the percentage of
    acquittals almost zero (less than 1%). This figure was provided by the
    Judicial Council at our meeting.

    158. One of the main problems in the trial process is sometimes
    difficult to access legal aid, especially in politically sensitive
    cases. The climate has deteriorated for lawyers and human rights
    homme62.

    159. Cases of arbitrary radiation of the Order of Lawyers of
    Azerbaijan and criminal proceedings against some lawyers were also
    signalés63. We are particularly concerned by reports of violations of
    the Law on the Bar, particularly in connection with the election of
    the chair. We hope it will soon put an end to this situation, which
    undermines the rule of law.

    160. Independent lawyers and human rights are also experiencing
    pressures in their activities. They are the target of threats and
    blackmail by the authorities, in some cases, they are deprived of the
    enjoyment of their professional or experienced interference with these
    rights, which is to meet with their clients or the independent
    exercise of their functions, for example.

    161. Several lawyers have been warnings in order to prevent them from
    defending the rights of detainees. The following cases are examples
    illustrating this problem: libel prosecutions have been brought
    against the lawyer Khalid Bagirov for disseminating information in the
    media that the police have played a role in the mistreatment Elvin
    Askarov and death. However, we note with satisfaction that the case
    was closed in April 2011 by the District Court in charge of the case.

    162. February 4, 2011, Mr. Osman Kazimov famous defense lawyer, was
    temporarily suspended by the Bar Association of Azerbaijan after being
    accused of malfeasance in a criminal case. Following a favorable court
    ruling, the Bar, however, relented and dropped the charges.

    163. Alaif M. Hasanov, lawyer MM. Bakhtiyar Hajiev and Shahin Hasanli,
    said he was the victim of a smear campaign by the local authorities in
    their area of ??residence as of March 2011.

    164. According to the information we obtained, few lawyers in
    Azerbaijan who are willing to take care of business or political
    rights sensibles64.

    165. We are also concerned by reports of a restrictive application of
    certain articles of the Penal Code (in particular Articles 221 and
    233) against participants in peaceful demonstrations but not allowed.

    166. This was particularly the case of 15 persons arrested and
    convicted as a result of events that took place in Baku in March-April
    2011. They were convicted under Article 233 of the Penal Code for
    having organized activities causing disturbance to public order or to
    have participated. They were given sentences of imprisonment of one
    year and a half to two and a half years. According to Amnesty
    International, they were convicted solely because they have
    participated in these events and / or their organization.

    167. We met two activists detained in the prison No. 19 Baku to serve
    sentences of two to three years' imprisonment respectively. The
    information they provided us confirm our fears.

    168. Section 233 is a provision above vague and undefined. Criminal
    activities that will define the "disruption of the normal activity of
    transport, and businesses" to "insubordination to the authorities."
    There is no distinction between "organization" and "participation".
    The restrictive interpretation of this article by judges has
    repeatedly led to the conviction of those who had called for
    participation in peaceful demonstrations. The same applies to Article
    221, commonly called "article on hooliganism."

    169. Allegations of corruption in the judiciary is a problem that
    could undermine public confidence in the impartiality of judges.

    170. Following the recommendations of GRECO, the government has
    adopted a number of measures to eradicate this scourge. As part of a
    campaign against corruption in the judiciary, internal oversight units
    were created within the judicial institutions and a division of fight
    against corruption has been established within the Judicial Legal
    Council. In 2010, the Ministry of Justice stated that the Judicial
    Council had initiated disciplinary proceedings against 21 judges, 11
    ministry employees were disciplined and two of these cases were
    forwarded to the Public Prosecutor This has resulted in a conviction.

    171. Service capabilities to fight against corruption prosecutors have
    been strengthened and measures have been taken for the implementation
    of online services. In September 2011, the service of the fight
    against corruption prosecutor announced that it had committed 133
    criminal charges in 2011, of which 88 had been sent to court. 147
    people were accused of corruption, abuse of dominant position, fraud
    or forgery.

    172. However, the fight against corruption requires a comprehensive
    and systemic. The next chapter examines this issue in more detail.
    6.2. Corruption and organized crime

    173. The public sees corruption as a normal practice in Azerbaijan.
    This affects the whole of society, be it politics, the executive or
    the judicial system, and has a negative impact on the economic
    situation. Transparency International ranked Azerbaijan among the
    routinely the most corrupt countries in the world. In the 2011 ranking
    of the index of perception of corruption, Azerbaijan ranked 143 th out
    of 183 with a score of 2.4 out of 10. The country's authorities have
    made the fight against corruption a priority policy.

    174. Upon accession, Azerbaijan is committed "to adopt, within one
    year of its accession, a law on the fight against corruption and,
    within two years of its accession, a program State fight against
    corruption "and" sign and ratify, within two years of its accession,
    the Criminal Law Convention on Corruption and Civil Law Convention on
    Corruption. "

    175. Azerbaijan ratified the Criminal Law Convention on Corruption
    (ETS No. 173) in 2004. He then joined GRECO. Since it is subject to
    the monitoring procedure of the Convention. The most recent report on
    the third evaluation round of October 2010.

    176. Following the ratification of the Convention, Azerbaijan
    introduced in 2006 amendments to the Criminal Code provisions relating
    to corruption, which marked a milestone in the compliance of national
    legislation with the provisions of the Convention . The active and
    passive bribery in the public sector, influence peddling, non-material
    benefits and corruption through third were criminalized in accordance
    with the Convention. In March 2012, the liability of legal persons was
    included in the Penal Code.

    177. Although Azerbaijan has made significant progress in the
    criminalization of corruption, other major legislative changes are
    needed, particularly with regard to both definitions, that of "public
    official" must include all officers and employees public at central
    and regional level and that of "bribery consumed" which should cover
    also the promise of a pot of wine and acceptance of offre65.

    178. In addition, the immunity of public officials should not be a
    barrier to effective criminal prosecution for corruption. This
    immunity should be limited to the exercise of official duties.

    179. The country has made progress in establishing rules of conduct
    for public officials in general, and in some jurisdictions and
    professions in particular, a code of ethics for judges was
    particularly established. The law requires public officials to declare
    their income and assets, but the application of this requirement does
    not seem to be guaranteed in practice. In addition, there are no clear
    rules on conflict of interest and no legislation on the protection of
    whistle alerte66.

    180. Although the legislation of Azerbaijan is largely compliant with
    the Convention in respect of the confiscation of the proceeds of
    corruption, should improve the implementation of laws vigueur67.

    181. In addition, Azerbaijan should reconsider its position with
    regard to the reservations made to the Convention, introduced in 2004
    for a period of three years and subsequently renewed for a further
    period of three years from June 2010 to June 2013. These reserves
    relate to the bribery of foreign public officials, members of foreign
    public assemblies and members of international parliamentary
    assemblies and traffic influence68.

    182. Finally, Azerbaijan should accede without further delay the
    Additional Protocol to the Criminal Law Convention against Corruption
    (ETS No. 191).

    183. In any event, the application of the legislation remains the main
    task that must tackle Azerbaijan in the fight against corruption. If
    the authorities at different levels, made the fight against corruption
    a priority policy, the inability to implement certain measures may be
    a sign of insufficient will to translate words into deeds.

    184. In 2007, Azerbaijan has developed a national strategy to
    strengthen the transparency and fight against corruption, which was
    complemented by an action plan for 2007-2011. We were informed that a
    new action plan had been prepared and was being examined by the
    government. We also learned that civil society was involved in the
    development of parts of the action plan, which is in our view a
    positive development.

    185. That said, in general, the contribution of non-governmental
    organizations anticorruption activities undertaken by the government
    is limited to the participation of their representatives to a working
    group of the Commission for fight against corruption. One can only
    regret, because NGOs could play a much greater role in this area. The
    government should establish mechanisms to ensure greater participation
    of civil society in anti-corruption strategy.

    186. We congratulate the authorities for anti-corruption campaign
    launched in 2011, which includes activities and awareness programs for
    the corruption of public officials and members of the security forces,
    particularly in the aspects legal and reporting of corruption. So far,
    the impact has been rather modeste69.

    187. The authorities have made significant progress in strengthening
    the capacity of the service of the fight against corruption
    prosecution, which is the main body responsible for the fight against
    corruption through law enforcement. Last year, the number of agents
    under the direct responsibility of the Attorney General from 60 to
    100. Wages have also been raised significantly.

    188. This service is composed of autonomous specialized prosecutors,
    competent to investigate and prosecute in criminal cases of
    corruption. They also propose measures to fight against corruption. A
    hotline, the "161" was created to receive complaints from citizens
    about corruption.

    189. In 2011, the anti-corruption department handled 142 cases
    involving 229 people and seized the courts. In 2012, this figure was
    70 cases involving 134 people. 6.3. Execution of judgments of the
    European Court of Human Rights

    190. According to information provided by the Registry of the European
    Court of Human Rights in 2011, 1543 cases against Azerbaijan were
    pending before the Court.

    191. As already mentioned, the Committee on Legal Affairs and Human
    Rights in the following reports the execution of judgments by the
    national authorities of the States concerned. When considering the
    most recent report to the Assembly in 2011, Azerbaijan has not been
    included in the group of nine states experiencing major structural
    problems causing delays in the execution of great concern stops.

    192. All the major issues raised in this report can be found in the
    judgments of the Court relating to Azerbaijan. Thus, most of the
    complaints brought before the Court concern the ill-treatment in
    detention, freedom of expression or non-enforcement of domestic court.
    We have added to these categories of cases involving violations of
    electoral rights. 7. Human rights and fundamental freedoms

    193. The most recent report of the Commissioner for Human Rights of
    the Council of Europe was published in June 2010. In September 2011,
    the Commissioner published observations on respect for human rights in
    Azerbaijan, following its report of 2010, in which it claimed that the
    recommendations in the report were not acted upon .

    194. The most recent report of ECRI was published in May 2011. He
    raised concerns about freedom of religion.

    195. In December 2011, Amnesty International published a report on
    Azerbaijan. As already mentioned, the Monitoring Committee held a
    hearing on this subject with the representative of Amnesty
    International December 16, 2011.

    196. In this chapter, we also relied on reports by Human Rights Watch,
    Human Rights House and other agencies of national and international
    surveillance.

    197. In 2011, a national program of action aimed at increasing the
    effectiveness of the protection of human rights and freedoms in
    Azerbaijan was approved by presidential decree. This order instructed
    the Commissioner for Human Rights (Ombudsman) of the Republic of
    Azerbaijan to lead the group coordinating the implementation of the
    program, it contains various concrete measures (including the
    development of legislation ) to ensure compliance with obligations and
    commitments by Azerbaijan arising from international treaties and
    conventions. 7.1. Alleged political prisoners and humanitarian issues

    198. To date, Amnesty International considers that there are eight
    people in Azerbaijan who are prisoners of conscience or continued on
    the basis of fabricated charges, 15 others detained and sentenced to
    two to three years in prison last year following the events of March
    and April were released by court order or by presidential pardon.

    199. In 2010, the European Court of Human Rights has ordered the
    release of journalist Fatullayev and awarded 25,000 euros for
    non-pecuniary damage. She found two violations of Article 10 of the
    Convention and a violation of Articles 6.1 and 6.2 (presumption of
    innocence).

    200. As stated earlier, the issue of prisoners suspected is processed
    by our colleague from the Committee on Legal Affairs and Human Rights
    of Mr. Strässer. Its report, adopted in committee last June, contained
    in the agenda of the next part-session of the Assembly to be held in
    January 2013 (Doc. 13079).

    201. Without prejudging the forthcoming debate in the Assembly, we
    would like to mention here the following important questions.

    202. Firstly, a persistent problem arises in the area of ??justice in
    Azerbaijan. The use of trumped up charges (see below) or the use of
    certain articles of the Penal Code for law enforcement against
    activists and journalists are often mentioned in reports by
    international NGOs to be ignored or considered simple errors from the
    courts. Repeated presidential pardons are not a solution. It is the
    ultimate responsibility of judges responsible for deciding on the
    merits cases and impartially, and to critically analyze the evidence
    provided by the prosecution and the defense.

    203. Since the beginning of our mission, we are very concerned about
    the issue of alleged political prisoners and prisoners of conscience.
    While understanding that Azerbaijan fears of extremism and terrorist
    threats, we also condemn the suppression of fundamental freedoms
    through criminal prosecution. During each of our visits, we met people
    who were or had been held and declared that the real reason for their
    detention was their opinions and critical opinions, even if they had
    been convicted within the scope of criminal charges. Their testimonies
    were extremely disturbing. We discussed individual cases with the
    authorities and have achieved positive results, some people have been
    released.

    204. After consulting the authorities, civil society activists, NGO
    representatives, journalists and independent lawyers, we urged the
    authorities to review the following people in order to find a legal
    remedy to issues raised: people still detained: Mamedali Dilavar
    Aliyev, Mammad Asgarov Tofiq, Bayramli Anar Farzullayev Jeyhun
    Hidayet, Hasanli Shahin, Ilyasov Fari, Iskandarov Zaur Shalar,
    Iskenderov Vivaldi, Ismaylov Araz Vasif, Jabiyev Azer Janiyev Aydin,
    Khasmammadov Taleh, Musayev Ilgar, Panahov Neymat, as well as persons
    subject to indictment and awaiting trial, the situation was discussed
    with the authorities: Vugar Gonagov, Zaur Guliyev, Zeynalli Avaz,
    Seyidov Elnur, Mamedov Bakthiar, Amiraslanov Ilhan, Gulaliyev Ogtay,
    Babayev Dayanat, Mehman Huseynov.

    205. Late 2011, the Department of Justice authorized the OSCE to
    conduct a number of missions to monitor human rights in places of
    detention, which we consider a sign of goodwill, suggesting good
    prospects for the future. 7.2. Prison conditions and abuses by
    security forces 7.2.1. Torture and other ill-treatment

    206. Defenders of human rights and national and international NGOs
    reported several alarming cases of alleged torture and ill-treatment
    in custody during the investigation phase and within prisons. Torture
    have been committed in the armed forces. Finally, the police resorted
    to violence against journalists covering events. At our request,
    representatives of the authorities have assured us that the police
    took all necessary measures to shed light on these accusations.

    207. The circumstances of the death in custody of Mr Novruzali
    Mammadov, editor of the newspaper Tolishi Sado in 2009, and Mr. Turaj
    Zeynalli in the department of Nakhchivan Ministry of National Security
    in 2011 are not clear and have not been effective investigations.

    208. Mr. Afgan Mukhtarli complained of being attacked by members of
    the security forces in January 2009 while covering Yeni Musavat on
    assignment for a rally outside the Israeli embassy. The charges were
    dropped for lack of evidence the prosecutor and the case is now
    pending before the European Court of Human Rights.

    209. According to local NGOs, in February 2009, agents of the National
    Security of the Autonomous Republic of Nakhichevan have detained and
    mistreated independent journalist Idrak Abbasov70.

    210. Mr. Seymur Haziev, Azadliq reporter was detained and mistreated
    May 15, 2010, while attending a rally where protesters called for the
    lifting of restrictions on freedom of assembly. He filed a complaint
    but the investigation has not been completed.

    211. Several activists detained during protests in March-April 2011
    and the end of the past have complained of ill-treatment during arrest
    and while in custody.

    212. To date, no effective investigation had been carried out in cases
    involving allegations of ill-treatment against the following persons:
    Mr. Hasan Karimov, vice president of Popular Front Party, was arrested
    at his home without a warrant and held in conditions that endanger
    their health, which resulted in his hospitalization, Mr. Tazakhan
    Miramamli, president of the section of Jalilabad Popular Front Party,
    which was hit by the police on 2 April 2011 during his arrest and in
    custody, Mr. Tural Abbasli, who was arrested April 2, 2011, has not
    been allowed to see his lawyer for the first two days of his detention
    and said he was struck, Mr. Bakhtiyar Hajiyev, opposition activist,
    who was detained and accused of evading military service March 4,
    2011, shortly after calling an event online. It would have been
    threatened and beaten during his detention. June 4, 2012, the court
    granted Mr. Bakhtiyar Hajiyev on parole nine months before the end of
    his sentence of two years. However, no effective investigation had
    been conducted into allegations of abuse, which demeurent71.

    213. More recently, in December 2011, acts of torture were reported in
    Nakhichevan against the defender of human rights, Mr. Zeynal
    Bagirzade, in March 2012, it was learned that strong pressure was
    exerted on M. Zaur Guliyev, editor of the regional broadcasting
    company "Khayal", and one of its employees, Mr. Vugar Gonagov.

    214. During our visit in June 2012, we met Mr. Ogtay Gulaliyev
    journalist and coordinator Kur Civil Society, a non-governmental
    organization that defends the rights of residents affected by flooding
    in May 2010. We note with satisfaction that he was released after
    being detained for two months, since April 2012. He says he was abused
    during this period and reported abuses by the police. The proceedings
    against him were not dropped.

    215. Allegations of abuse, as well as the climate of impunity are
    confirmed by several judgments of the European Court of Human Rights.
    In recent years, the Court has repeatedly stated Azerbaijan guilty of
    violations of Articles 2 (right to life) and 3 (prohibition of inhuman
    or degrading treatment) of the Convention.72.

    216. In 2007, Mr. Jalaloglu has been successful in the case involving
    the torture he suffered in prison in 2003, but no one has been
    punished to date, although the identity of a the perpetrators are
    known.

    217. In the case Hummatov c. Azerbaijan, the Court concluded that the
    lack of adequate medical care for TB and the absence of an effective
    remedy constituted a violation of Articles 3 and 13 respectivement73.

    218. It is worrying to note that none of these cases has so far
    resulted in prosecutions against members of the security forces.

    219. That said, a much more important cases are still pending before
    the Court. Thus, Mr. Emin Huseynov, journalist and director of the
    IRFS, was detained in June 2008 and have been mistreated in custody.
    The police abandoned the investigation and the European Court of Human
    Rights has been seized of the matter. We met Mr. Huseynov several
    times and heard his story.

    220. The most recent report of the CPT on Azerbaijan was published in
    2008. He also reported cases of ill-treatment in prison. In this
    regard, we welcome the National Programme of Action approved by the
    President of Azerbaijan December 27, 2011, which strengthens the
    protection of human rights and fundamental freedoms. This program
    defines reinforced measures are investigated for the cases of
    violation of human rights for prisoners, including torture,
    ill-treatment and abuse. It also provides for the adoption of a new
    law on the rights of persons who are arrested, as well as training for
    judges and representatives of law enforcement.

    221. Violence against journalists covering various events is another
    source of concern. Mr. Elmin Badalov, Yeni Musavat reporter and
    another reporter, Mr. Anar Gerayli claim to have been assaulted by
    police July 28, 2010 while they were taking pictures for an
    investigative article on luxury villas in the outskirts of Baku. They
    wore plainte74.

    222. On 2 April 2011, several journalists covering the protests
    against the government have been prevented by representatives of law
    enforcement, photograph and interview participants were then placed in
    détention75.

    223. Some Azerbaijani journalists who followed the demolition of
    housing in Baku, were assaulted. For example, Mr. Idrak Abbasov,
    winner of the 2012 Journalism Awards Index-Guardian, was beaten April
    18, 2012 while filming a demolition outskirts of Baku. MM. Etimad
    Budagov and Nushaba Fatullayeva respectively photographer and reporter
    for the news agency Turan, were assaulted while filming another
    demolition Bakou76. 7.3. Freedom of expression

    224. Freedom of expression in Azerbaijan raises concerns. The
    situation, as described by the organizations of civil society and the
    extra-parliamentary opposition, is characterized by state control of
    the media, a lack of diversity in the press, a criminalization of
    defamation and practices intimidation against journalists critical
    aggravated by the impunity of perpetrators.

    225. Supervisory bodies and international, including Reporters Without
    Borders, the Committee to Protect Journalists, Amnesty International,
    Human Rights Watch and Human Rights House Foundation, we have provided
    very disturbing allegations of violations of freedom of of expression.

    226. In addition, serious concerns about freedom of expression have
    been raised by the Commissioner for Human Rights of the Council of
    Europe in its 2010 report on Azerbaijan and its observations on the
    situation of human man in 2011, as well as the OSCE Representative on
    Freedom of the Parliament and médias77 européen78.

    227. Azerbaijan ranks 162 th out of 173 countries in the world ranking
    of press freedom by Reporters Without Borders. This is the worst
    result of all member states of the Council of Europe. Azerbaijan
    happens behind countries such as Saudi Arabia and Uzbekistan.

    228. There is a glaring lack of diversity in the media. It appears
    from the study of national television channels in the country (two
    state channels, public television and five private channels) conducted
    within the framework of the project "Free Airways" funded by the
    European Commission that the TV is used as a platform government
    propaganda and there is a total absence of critiques79 opinions. In
    addition, many opposition politicians and advocates of human rights do
    not benefit airtime nor a sufficient coverage of their activities.

    229. Upon accession, Azerbaijan is committed to "transforming national
    television in public channel managed by a board of directors
    independent." The second channel of state television (AzTV2) has
    legally been transformed into a public service broadcasting in 2005.
    However, the first television channel state (AzTV1) remains under
    state control and continues to operate with an increased budget,
    despite repeated requests from the Council of Europe, the OSCE
    Representative on Freedom media and the OSCE / ODIHR to remedy this
    situation. In 2007, experts from the Council of Europe recommendations
    to introduce legislation in safeguards to ensure the independence of
    the media, but the Law on Radio and Television of Azerbaijan has
    unchanged for now.

    230. In addition, in 2008, the government banned three foreign radio
    stations - Radio Liberty, BBC and VOA - broadcast via local
    frequencies. These stations were very appreciated by the population.

    231. In Azerbaijan, the advertising market is very limited in volume.
    There are a few national newspapers, including two opposition
    newspapers Azadliq and Yeni Musavat, which retain their editorial
    independence but are distributed only 25,000 copies in a country with
    more than nine million people.

    232. In this context, the Internet and social media have become an
    important forum for the expression of critical views and opposition.
    Although electronic media are considered largely free from direct
    censorship in Azerbaijan, the authorities monitor the content and
    sometimes take action against those who express critical views (see
    below ).

    233. The legislative framework for freedom of expression is also
    problematic. The Parliamentary Assembly, the OSCE Representative on
    Freedom of the Media and the Commissioner for Human Rights has
    repeatedly called on the authorities to remove sections 147
    (defamation) and 148 (insult) of the Criminal Code, which provide for
    penalties of up to three years and six months imprisonment
    respectively. The European Court of Human Rights has issued several
    judgments against the detention for diffamation80. Decriminalization
    of defamation is an essential measure for the protection of freedom of
    expression.

    234. The Ministry of Justice has issued warnings to the Institute for
    Liberty and security of reporters81 as well as a resource center for
    the development of NGOs and democracy based in Nakhichevan, suggesting
    the dissemination of "biased" via the link www.nakhchivan.org.az in
    February 2012.

    235. In recent years, journalists, including Mr. Fatullayev were
    sentenced under the provisions on defamation and this practice
    continues. Defamation is considered a criminal offense in Azerbaijan,
    the authorities use this ground against opposition journalists to
    silence critics. A particularly good example in this regard is the
    case of Mr. Eyyub Karimov, editor Femida OO7, who was sentenced to 18
    months of corrective labor and fined after charges against him by the
    Minister of the Interior on some critical articles published in
    journaux82.

    236. Nothing in the first half of 2011, there were seven cases of
    defamation against journalists, two of which resulted in a
    incarcération83.

    237. The national program of action to improve the protection of human
    rights and freedoms in Azerbaijan in 2012 included the adoption of a
    new law to decriminalize defamation During our last visit in November
    2012 we learned that the Azerbaijani authorities had requested in
    September 2012, the assistance of the Venice Commission to prepare a
    new law on defamation.

    238. Laws relating to data protection and access to information have
    been changed recently. The recent amendments to the law on obtaining
    information not requiring little organs of the state to respond to
    requests for public information and greatly restricts the freedom of
    information Azerbaijani citizens.

    239. In its report on Azerbaijan, the Commissioner for Human Rights
    drew attention to the existence of a "blacklist newspaper racketeers",
    published by the Press Council azerbaïdjanais84 containing the names
    of 90 newspapers who have not complied with the rules of ethics of
    journalism and have resorted to blackmail. While recognizing the need
    to ensure the professionalism of journalists, particularly the
    Commissioner showed reservations about this approach, which could lead
    to biased and arbitrary decisions. We were informed that the holding
    of such a "blacklist newspaper racketeers" by the Press Council of
    Azerbaijan had positive aspects. Indeed, a newspaper can be placed on
    the list if it receives several warnings after complaints review
    procedures conducted by the Council. This blacklist has no legal
    force, but constituting a form of blame, it helps to publicize the
    newspapers that do not comply with the code of conduct for
    journalists.

    240. We have received disturbing reports regarding the use of the
    charges fabricated to stop journalists, defenders of human rights,
    parliamentary candidates and activists. One of the recommendations of
    the 2010 report of the Commissioner for Human Rights of the Council of
    Europe was to put an end to the practice of criminal prosecution
    unjustified or selective against journalists or other persons may
    express critical opinions.

    241. This practice can be illustrated by the example of Mr.
    Fatullayev, accused in 2009 of drug possession while in prison for
    defamation. He was released by presidential pardon in 2011. The case
    of two activists "bloggers" in Baku, Mr. Emin (Milli) and Adnan
    Hajizadeh Abdulayev, sentenced in 2010 for hooliganism and released in
    2011, are similar.

    242. Among the most recent examples, we can mention the situation of
    Mr. Avaz Zeynalli, editor in chief of Khural, who was arrested in
    October 2011 for accepting bribes wine. He defends himself by
    explaining that the person who accuses him today actually offered
    bribes, kickbacks in exchange for his silence, but he refused them.
    Reporters Without Borders, following this case, as well as other
    international monitoring bodies, believe that the charges against Mr.
    Zeynalli were fabricated.

    243. In November 2011, Mr. Taleh Khasmammadov, blogger and human
    rights, has been accused of hooliganism and physical assault against
    an officer, but he says he was prosecuted because of his blog devoted
    to actions in the field of human rights.

    244. Blogger and civil society activist, Mr. Bakhtiyar Hajiyev, who
    was paroled June 4, 2012, was sentenced in May 2011 to a term of
    imprisonment of two years for evading military service, after
    participating in the organization of events in March 2011 via
    Facebook. The timing of his arrest and the charges against him appear
    to be indicative of an attempt to give up his activities critical of
    the government. In addition, his conviction relates to one of the
    commitments of Azerbaijan, namely the establishment of an alternative
    to military service, guaranteed by Article 76 of the Constitution. It
    should be noted in this connection that the law on alternative service
    has not yet been adopted (see below).

    245. In May 2011, Mr. Jabbar Savalan, a member of the Youth
    Association of Popular Front Party of Azerbaijan, was sentenced to two
    and a half years in prison for possession of drugs. Shortly before
    that, he had published several comments critical of the authorities
    and called for demonstrations on social networks. Of national and
    international organizations of civil society have expressed concern
    about what they consider the charges fabricated. Mr. Jabbar Savalan
    was released by presidential pardon in December 2011.

    246. In August 2011, Mr. Vidadi Iskenderov, a candidate for the 2010
    parliamentary elections, was sentenced to three years in prison for
    interfering in the electoral process. He had previously denounced
    fraud in these elections.

    247. According to the Human Rights House Foundation, June 4, 2012,
    seven journalists were in prison in Azerbaijan. Defenders of human
    rights and political activists and civil society face similar problems
    when issuing criticism of the authorities. Also according to the Human
    Rights House Foundation, at the same time, four defenders human rights
    were prison85.

    248. During our visit Azerbaijan 12 June 2012, Mr. Mehman Huseynov,
    photojournalist and blogger, was arrested and charged with physical
    assault against police during an unauthorized rally against the
    government, held alongside the Eurovision Song Contest the song took
    place in Baku in May 2012. He was released after a few hours but the
    charges were not dropped. We spoke with his brother, Mr. Emin
    Huseynov, director of the Institute for Liberty and security of
    reporters, who believes that putting pressure on a photojournalist
    returns to put pressure on all participants in the campaign "Singing
    for democracy. "

    249. In recent years, people detained for reasons related to the
    exercise of their right to freedom of expression were often released
    before the end of their sentence (as was the case of Mr. Fatullayev
    end of May 2011, and bloggers Emin Milli and Adnan Hajizade). However,
    all these former prisoners retain a record, which is an obvious
    handicap for their future lives.

    250. The false accusations and imprisonment are not the only threats
    to journalists who investigate violations of human rights and report
    them: they are also sometimes abused. According to the 2012 Human
    Rights Report on Azerbaijan World, there were in 2011 more than 50
    reported cases of harassment or assault against journalists. In the
    vast majority of cases, the perpetrators have not been brought to
    justice.

    251. The murder of the editor of the magazine Monitor, Elmar Huseynov
    in 2005, and the fatal assault against the journalist and writer Rafiq
    Tagi in 2011 remain unresolved and ongoing investigations have failed.

    252. Mr. Seymur Haziyev, a journalist with the opposition Azadliq, was
    beaten March 26, 2011. In his words, the attackers would have warned
    against writing critical articles. His case was recently dismissed by
    the Court of Appeal for further investigation. We urged the
    authorities to shed light on this matter.

    253. Mr. Khalil, corresponding investigation of Azadliq, was the
    victim of several attacks, including one with a knife. Although he
    reported to the local police death threats he had received, no
    protective measures have been taken against her.

    254. April 3, 2011, another journalist of Azadliq, Mr. Ramin Deko, was
    physically assaulted and warned against writing critical articles.

    255. According to Human Rights Watch documents the harassment,
    assault, intimidation and threats against journalists Azerbaijan have
    increased in recent years. In almost all cases documented by Human
    Rights Watch, journalists have complained, but there has been no
    effective investigation had resulted in prosecution of the
    perpetrators of these actes86.

    256. On 7 March 2012, investigative journalist for Radio Free Europe,
    Khadija Ismailova, investigating complaints about a possible conflict
    of interest in a project to build profit in the city of Baku, has
    received photographs taken in camera hidden in his apartment, showing
    in its intimacy, accompanied by a letter threatening a publication of
    photographs on the Internet if she did not stop his investigation. The
    journalist has publicly denounced this attempt to blackmail. This led
    to the publication of the video - an act that the authorities have
    openly condemned. According to the information received, the Attorney
    General's Office has opened a criminal investigation in response to
    the complaint of Ms. Ismailova. The investigation is ongoing. To date,
    no one has yet been brought to justice. 7.4. Freedom of assembly

    257. Since the beginning of 2006, local authorities in Baku
    systematically ban public gatherings in the city center on the grounds
    that they disturb the population. The events of this type must
    therefore take place in areas officially designated for this purpose,
    remote from the town center and therefore urban life. The events that
    take place without prior authorization are often dispersed by force
    and lead to arrests, and in some cases sentences of administrative
    detention or imprisonment excessively severe.

    258. Freedom of assembly was severely violated in 2011, especially in
    March and April, with the detention of nearly 200 people, including
    the head of the youth organization of the Musavat party, Mr. Tural
    Abbasli, the result of unauthorized demonstrations in the center of
    Baku. According to activists, the protests have sometimes been
    dispersed by the excessive use of force and the work of journalists
    has been hampered. According to authorities, 13 police officers were
    injured, more than 20 vehicles were damaged and the windows of 17
    stores and banks were smashed by protesters. Video recordings confirm
    to some extent the allegations of both sides.

    259. Azerbaijani courts have sentenced at least 30 people to jail
    terms ranging from five to eight days in prison under closed trial. In
    addition, most of the defendants were not allowed to contact their
    lawyers. Fourteen people have been sentenced to a year and a half to
    three years in prison for participating in "actions detrimental to
    public order", following trials which compliance with the standards of
    human man was challenged by NGOs and human rights.

    260. As we have already mentioned, during our visit in February 2012,
    we visited two activists in prison Musavat and Popular Front Party
    sentenced to two and three years imprisonment for vandalism. They
    described the circumstances of their detention, confirming fears of
    civil society nationally and internationally.

    261. To date, no participant in these events is no longer in
    detention. During our last two visits, we urged that all persons are
    released without delay by all legal means.

    262. In March 2012, the Baku police used force to disperse a peaceful
    but unauthorized demonstration in the city center. Four young
    activists were beaten and 14 demonstrators and a journalist covering
    the event were arrested.

    263. Also in March 2012, Guba nearly 1000 people took to the streets
    to demand the resignation of the head of the local executive. This
    peaceful demonstration was brutally dispersed by riot police. At least
    two journalists were seriously blessés87.

    264. Unauthorized demonstrations near the place where stood the
    Eurovision Song Contest were also dispersed.

    265. In all the above cases, the organizers did not have the right to
    protest in the center of Baku, the authorities have proposed
    alternative sites on the outskirts of the city. The Commissioner for
    Human Rights has publicly denounced this method of restriction of
    freedom of assembly. The jurisprudence of the European Court of Human
    homme88 indicates that such a refusal by the authorities constitutes a
    violation of Article 11 of the Convention.

    266. It is worrying to see that the Parliament has recently adopted
    amendments to the Criminal Code and the Administrative Code, which aim
    to increase the penalties imposed on the participants and organizers
    of unauthorized demonstrations. It is likely that these changes,
    combined with the general prohibition and continued rallies in Baku
    will further restrict the freedoms of assembly and expression. During
    our discussions with the authorities, we have insisted on the need to
    find a compromise with the event organizers and designate a place in
    Baku might suit them and at the same time, meet the safety
    requirements .

    267. The OSCE / ODIHR and the Venice Commission have jointly published
    guidelines relating to freedom of peaceful assembly (Guidelines on
    Freedom of Peaceful Assembly), the legislators and should emulate.
    7.5. Freedom of association

    268. According to authorities, over 2700 NGOs are registered in
    Azerbaijan. The vast majority of them consist of people who share the
    same interests and strive to promote (eg the elderly, women, war
    veterans, IDPs, etc.)..

    269. The government encourages civil activism in certain areas and for
    this purpose receives the support of the international community,
    including the Council of Europe and the OSCE in the context of
    cooperation programs. When we were in Guba, we met with a
    representative of an association to help local NGOs to carry out their
    activities. This work is funded in part by the government and partly
    by international NGO projects.

    270. However, NGOs working in the field of human rights and freedoms,
    especially those who openly criticize the government faced some
    problems.

    271. The issue of registration of NGOs remains problematic. Changes to
    the law on NGOs adopted on 9 June 2009 have introduced a number of
    restrictive provisions concerning international NGOs, including those
    prohibiting foreign NGOs to operate unless they are not based on a
    formal international agreement . The procedure to follow to conclude
    such an agreement, which was announced by the Government in a decree
    published on 16 March 2011 only, is not clear.

    272. However, March 10, 2011, the antenna Azerbaijani Human Rights
    House Foundation was closed following a notification from the service
    registry of the Ministry of Justice that the foundation had not
    concluded agreement with the department, as required by the amendments
    to the Law on NGOs. This organization recently chose a local
    coordinator and continues its activities in the country. In addition,
    another international NGO in Azerbaijan since the mid-1990s, the
    National Democratic Institute was closed.

    273. The aforementioned decree further provides that international
    organizations must respect the "national and moral values" and not
    engage in "political or religious propaganda" patterns that can always
    be an excuse for not registering an NGO . These terms are too vague
    and can be misinterpreted.

    274. National NGOs meet, they also experience difficulties in
    exercising their activités89. Although the regulation does not
    establish Azerbaijani national expressly required to register local
    NGOs, the latter must be registered to acquire legal personality
    necessary for their operation. Therefore, in most cases, NGOs applying
    for registration to the Ministry of Justice. That said, they are
    sometimes the subject of a restrictive application of the regulation,
    which results in long waiting times or lack of response to requests
    for formal registration. In many cases, the refusal of registration
    did not specify the legal basis on which the decision was based
    negative. According to the NGO "Human Rights Home Foundation" based in
    Norway, EMDEC (Election Monitoring and Democracy Education Centre),
    well known NGO, found himself in this situation90.

    275. On 3 October 2011, the Conference of International
    Non-Governmental Council of Europe denounced the amendments to the Law
    on NGOs adopted a recommendation in which it invited the Azerbaijani
    authorities to revise the law.

    276. In a legal opinion issued in October 2011, the Venice Commission
    identified a number of issues mainly concerning the registration
    procedure. She felt that the changes in 2009 and the Decree of 2011
    were a step backwards compared to previous efforts to comply with
    international standards.

    277. Finally, for several months, some national and international NGOs
    face difficulties in exercising their activities in full freedom.
    There have been reports of threats and acts of harassment against
    members of civil society, including human rights defenders and their
    human families. The problems mentioned in the previous chapter on
    freedom of expression are directly related to the activities of civil
    society in Azerbaijan. 7.6. Demolition of

    278. The mayor of Baku in 2009 launched a campaign of expropriation
    for the construction of a "park-gardens" among other architectural
    projects, as part of a reconstruction program. The people who refused
    to be compensated or resettled were expelled. According to the
    authorities, some of them complained of the amount of financial
    compensation, but a large majority accepted the proposal standard.

    279. During our meetings with representatives of civil society,
    criticism has been expressed about this. The problems are multiple:
    first, the whole process lacks transparency. The long-term planning is
    not subject to public disclosure sufficient, there is no public access
    to documentation, procedures and decisions are unclear and the notice
    after which the inhabitants are required to leave their homes
    sometimes very short. We were informed that no hearings in which
    residents have challenged the demolition of their homes before the
    courts, the authorities of the city of Baku has presented a program of
    urban development.

    280. Second, forced evictions are contrary to the Azerbaijani
    legislation in force, which guarantees the right to private property
    and does not allow the expropriation in limited circumstances,
    including on issues of national defense or for the purpose of Etat91.
    Expropriation must also be based on an order of a tribunal92. Many
    demolitions have occurred without such order or, in some cases,
    despite court orders prohibiting the demolition before the end of the
    proceedings.

    281. Third, a single financial compensation 1,900 dollars per square
    meter has been defined, regardless of usage, age or condition of
    homes. The authorities have explained that to destroy homes were
    mostly old and dilapidated. Moreover, it became clear during the
    discussions that the price 5000 dollars per square meter raised
    concerned only well-located apartments in newly constructed buildings.
    Residents did not receive compensation for the land on which their
    houses were built, contrary to the provisions of the law.

    282. In addition, to date, 30 houses that had been classified as
    buildings of architectural interest by Decision No. 132 (2001) of the
    government were démolies93. Their owners have obtained the same
    compensation standard.

    283. Many elements, including video recordings show that the police
    actively participated forcées94 evictions.

    284. August 12, 2011, the building that housed several organizations
    human rights, including the renowned Institute for Peace and
    Democracy, was bulldozed. We spoke with the director of the institute,
    Ms. Leyla Yunus, defender of human rights who has long fought against
    forced evictions. We learned that the staff of the institute was not
    allowed to remove the hardware (computers, etc.).. Dr. Yunus has
    estimated the market value of his property to 625,000 dollars, while
    the authorities considered that the total area of ??the apartment and
    the office of the institute was only 85 m2, a demand of more than 7300
    dollars per square meter. Dr. Yunus also claims not to have received
    any notice of eviction. Having initiated a lawsuit against the city in
    February 2011, she was awarded in May a decision of a court of local
    commerce ordering the suspension of all demolition work until the end
    of the procedure. In other words, the eviction violated the court's
    decision. However, Dr. Yunus has not pursued his civil action. 7.7.
    Freedom of conscience and religion

    285. According to official figures, 97% of the population of
    Azerbaijan (which has 9 million) is Muslim. The rest of the population
    consists mainly of Russian Orthodox, Armenian Orthodox, other
    Christian groups, Jews and non-believers.

    286. The Constitution of Azerbaijan guarantees religious freedom.
    However, other laws and enforcement policies raise concerns they may
    have restrictions on freedom of conscience and religion.

    287. Certain conditions already restrictive religious communities have
    been strengthened by the adoption, in May 2009, amendments to the law
    on freedom of religion forcing religious communities to re-register in
    order to continue their activities. In addition, higher fines can now
    be imposed on aliens or stateless persons who are religious
    propaganda, and people who practice their rites to any address other
    than that registered by their religious community, who publish, import
    or export religious literature without the prior permission of the
    State Committee for Relations with Religious Organizations, which
    distribute religious literature without authorization, selling
    religious books outside licensed premises or engage in activities
    proselytism not provided by the statutes of their religious community.

    288. In its most recent report on Azerbaijan, ECRI expressed its deep
    concern over the situation, saying it was not in accordance with the
    jurisprudence of the European Court of Human Rights, and more
    Specifically, the case law on the practice of religious activities in
    private and restrictions prior to publication, as well as the
    distinction made by the Court between, on the one hand, the religious
    witness and, secondly, proselytizing abusive.

    289. Some groups have had no difficulty in complying with the
    requirement to re-register all religious groups regardless of their
    previous status, came into force in 2010. However, other groups were
    denied registration and find themselves in limbo. This is particularly
    the case in some communities of Jehovah's Witnesses, Baptists,
    Seventh-day Adventists, the Fatima Zahra mosque, the Baku
    International Fellowship Baptist Church of Aliabad Cathedral and the
    church of Praise, the church Nehemiah and the Pentecostal Church.

    290. According to figures provided by the Ministry of Justice, before
    the entry into force of the amendments of 2010, there were 534
    registered religious communities.

    291. At the date of December 2010, the State Committee has indicated
    that a total of 576 religious communities were registered, of which
    493 were Muslim, Christian 9, 6 Jewish, 1 Hare Krisjna Baha'I and 1,
    and 17 non- Muslim. The registration process is underway for other
    groups. However, some communities complained that they had received
    conflicting answers, despite repeated attempts to re. Seven groups
    received a negative response. According to the jurisprudence of the
    European Court of Human Rights, any denial of reinstatement
    communities that already existed in the country for some time and
    there were operating legally must be based on reasons particularly
    compelling and strong.

    292. Some communities have challenged the negative decision of the
    authorities to court.

    293. In December 2010, the Parliament adopted a law that greatly
    increased the fines for violating laws on religious activities,
    particularly with regard to the importation of certain religious
    materials. Under the previous law, a person convicted of a violation
    alone (production, import or distribution of religious literature
    without authorization from the State Committee and "religious
    propaganda" by foreigners) was fined 100 300 manat (about 105 to 315
    euros). Under the new law, an individual convicted of the same
    violation is liable to a fine of 1 500 to 2 000 manat (about 1 580-2
    100 euros).

    294. Amendments to the legislation adopted in 2011 led to a further
    tightening of rules for the creation of a religious community and
    established a reporting requirement to the Board of Muslims of the
    Caucasus and the State Committee of Community Relations religion,
    which has greatly increased the severity of penalties. Registration
    requirements are also imposed stringent religious groups. The opinion
    of the Venice Commission adopted in October 2012. We urge the
    Azerbaijani authorities to tackle these problems and to follow the
    recommendations contained in this notice.

    295. At our request, the Monitoring Committee decided, at its meeting
    of May 31, 2012, to solicit the opinion of the Venice Commission on
    the law relating to religious freedom.

    296. During our visit in June 2012, we, admittedly, been marked by our
    meeting with representatives of the major faiths in Azerbaijan
    (Muslim, Orthodox, Catholics and Jews). According to them, the
    conditions of worship are entirely satisfactory and cooperation
    between faiths is exemplary, which confirms the climate of religious
    tolerance that prevails in the country. They all insisted that they
    are totally free to practice their religion and that they fully adhere
    to the policy of the Azerbaijani authorities regarding freedom of
    religion. They invited the European Union to focus on this specific
    aspect of Azerbaijani society and make the country unequivocal support
    to encourage the policy of religious tolerance to the borders of
    Europe.

    297. While the traditional religious communities encounter no obstacle
    to the exercise of their religion, we received information that the
    authorities have monitored and searched some services, or confiscated
    religious materials to small sectarian religious groups. The current
    controversy regarding the official ban of the hijab (headscarf) in
    schools and detention of leaders of the Islamic Party of Azerbaijan in
    2011 could lead to a rise of religious extremism in an otherwise
    tolerant . 7.8. Replacement Service

    298. Upon accession, Azerbaijan is committed "to adopt a law on
    alternative service in compliance with European standards within two
    years of its accession, and in the meantime, to pardon all
    conscientious objectors currently serving prison prison or serving in
    disciplinary battalions, allowing them (once the law on alternative
    service in force) to choose to do their military service in non-armed
    service or alternative civilian. "

    299. The Constitution of Azerbaijan contains a provision expressly
    stating that if military service is contrary to the beliefs of a
    person, an alternative form of military service may, in the cases
    provided by law, be permitted instead of ordinary military service
    (Article 76.II). Unfortunately, the corresponding law was never
    adopted.

    300. A bill has been prepared and has been the subject of an opinion
    of the Venice Commission in 2006, but was not adopted.

    301. The authorities told us during our visits that the delay was due
    to the unresolved conflict with Armenia over Nagorno-Karabakh.
    However, during our visit in June 2012, we were pleased to learn that
    the law on alternative service was being prepared.

    302. We urge the authorities to adopt without delay a law on
    alternative civilian service in accordance with the Council of Europe,
    and in the meantime not to prosecute or imprison conscientious
    objectors to military service, but offer them the opportunity to
    fulfill their duty to the company in accordance with their beliefs.
    7.9. Protection of minorities, xenophobia and intolerance

    303. Azerbaijan is a country of multi-ethnic and multi-cultural. The
    main ethnic groups of the population are Azerbaijanis (91.6%), the
    Lezgins (2.02%), Armenians (1.35%), Russians (1.35%), the Talish (1.26
    %), Avars (0.56%) and Turkey (0.43%). Upon accession, Azerbaijan is
    committed to adopt, within three years of its accession, "a law on
    minorities which completes the provisions on non-discrimination
    contained in the Constitution and the Penal Code and which replaces
    the presidential decree on national minorities. "

    304. Since it ratified the Framework Convention for the Protection of
    National Minorities (ETS No. 157) in June 2000, Azerbaijan is subject
    to the procedure for monitoring the Convention. The most recent report
    of the Advisory Committee since 2008. The most recent state report was
    presented in 2011.

    305. The legal and institutional framework applicable to the
    protection of national minorities in Azerbaijan is very limited. The
    law on minorities, which is one of the country's commitments, subject
    to public debate for several years but has not yet been adopted so far
    and the main legislative basis for the policy to against minorities
    remain the Presidential Decree of 1992 on Rights and Freedoms of
    National Minorities and Article 45 of the Constitution which
    guarantees the right to follow an education in a minority language.

    306. In addition, there is no institutional structure to deal
    specifically and regularly issues relating to the protection of
    national minorities. There is no mechanism for consultation and the
    effective participation of persons belonging to national minorities in
    decision-making on issues that affect them.

    307. Although efforts have been made to preserve cultural monuments of
    national minorities, including places of worship, but the policies of
    national minorities and their organizations' activities are rare. In
    addition, there is no institutional system of granting aid to minority
    organizations.

    308. There is to be welcomed, however, progress in the field of
    minority education, and the fact that there are schools where the
    entire program is taught in Russian or Georgian. It is also possible
    to study other minority languages ??in primary schools in areas where
    minorities reside.

    309. Persons belonging to national minorities are present in the
    political life of Azerbaijan, including in elected bodies. However,
    they would not have a real way to defend the interests and express the
    concerns of minorities. 7.10. The institution of the Ombudsman

    310. The Constitutional Law on the Commissioner of Human Rights of the
    Republic of Azerbaijan was proclaimed in 2002. The Ombudsman is
    elected by the Parliament from among three candidates nominated by the
    President of the Republic. Since the establishment of the institution,
    this position is occupied by Mrs. Elmira Suleymanova, we met several
    times. The commissioner's office has four regional centers.

    311. In addition to handling individual complaints concerning
    violations of human rights, the Commissioner may report to Parliament
    proposals for the revision of the legislation.

    312. The presidential decree of 2009 has designated the Commissioner
    as the national mechanism for the prevention of torture. The
    Commissioner is authorized to make regular visits to places of
    detention centers, isolation, isolation cells used during
    investigations, prisons, prisons and psychiatric institutions. It
    publishes periodic reports containing its conclusions95 and makes
    proposals to solve the problems identified.

    313. As mentioned above, the Commissioner is also responsible for
    cooperation on the implementation of the National Action Plan for the
    protection of human rights. Appendix 1 - Table of legislation
    introduced by Azerbaijan towards achieving its commitments as set out
    in Notice 222 (2000) of the Parliamentary Assembly on the application
    for membership of Azerbaijan Council of Europe

    Schedule of Commitments

    Results

    i. on conventions:

    a. to sign at the time of its accession, the European Convention on
    Human Rights, as amended by Protocols Nos. 2 and 11, and Protocols
    Nos. 1, 4, 6 and 7;

    Signed on 25 January 2001.

    b. to ratify the Convention and its Protocols Nos. 1, 4, 6 and 7 in
    the year following its accession;

    Ratified on 15 April 2002.

    c. to sign and ratify, within one year of its accession, the European
    Convention for the Prevention of Torture and Inhuman or Degrading
    Treatment or Punishment and its protocols;

    Ratified on 15 April 2002.

    d. to sign and ratify, within one year of its accession, the Framework
    Convention of the Council of Europe for the Protection of National
    Minorities;

    Ratified on 26 June 2000.

    e. to sign and ratify, within one year of its accession, the European
    Charter for Regional or Minority Languages;

    December 21, 2001 signed but not ratified.

    f. to sign and ratify, within one year of its accession, the European
    Charter of Local Self-Government

    Ratified on 15 April 2002.

    g. to sign and ratify, within two years of its accession, the European
    Outline Convention on Transfrontier Cooperation between Territorial
    Communities or Authorities and its additional protocols and
    conventions of the Council of Europe relating to extradition, Mutual
    Assistance in Criminal Matters, the Convention on Laundering, Search,
    Seizure and Confiscation of the Proceeds from Crime and on the
    transfer of sentenced persons, and meanwhile to apply their
    fundamental principles;

    Framework Convention on Transfrontier Cooperation was ratified on 30
    March 2004, agreements on extradition in 2002, the Convention on
    Mutual Assistance in Criminal Matters and its Additional Protocol and
    the Convention on Laundering, Search , Seizure and Confiscation of the
    Proceeds from Crime July 4, 2003 and the Convention on the Transfer of
    Sentenced Persons 25 January 2001.

    The updated version of the Convention on Money Laundering and the
    Financing of Terrorism (CETS No. 198), not signed.

    h. to sign, within two years of its accession, the European Social
    Charter, to ratify within three years of its accession, and now, to
    strive to implement policies consistent with the principles of the
    charter;

    Ratified on 2 September 2004.

    i. to sign and ratify, within two years of its accession, the Criminal
    Law Convention on Corruption and Civil Law Convention on Corruption;

    Ratified on 11 February 2004.

    j. to sign the General Agreement on Privileges and Immunities of the
    Council of Europe and its additional protocols at the time of its
    accession and ratify within a year of its accession;

    Ratified on 16 January 2002.

    ii. in the settlement of the Nagorno-Karabakh:

    a. to continue efforts to resolve the conflict by peaceful means;

    Negotiations are underway within the Minsk Group of the OSCE.

    b. to settle international and domestic disputes by peaceful means and
    in accordance with the principles of international law (obligation of
    all Member States of the Council of Europe), resolutely rejecting any
    threatened use of force against its neighbors;

    iii. in domestic legislation:

    a. to revise the legislation on elections, particularly the Law on the
    Central Election Commission and the Electoral Act, taking into account
    the recommendations made by international observers during previous
    elections, so that the next parliamentary elections in autumn 2000
    confirm definitively the progress made and their results are accepted
    by the majority of political parties participating in elections, and
    they can be considered free and fair by international observers;

    Legislation on elections is not fully consistent with the standards of
    the Council of Europe.

    In its 2008 opinion, the Venice Commission has highlighted a number of
    problems in the Election Code, particularly with regard to the
    composition of the Central Election Commission (CEC) and the
    territorial election commissions, registration of candidates,
    observers, the electoral and accuracy, as well as the procedure for
    complaints and appeals.

    In two consecutive resolutions on the functioning of democratic
    institutions in Azerbaijan, in 2008 and 2010, the Assembly requested
    the authorities to revise the laws.

    b. to amend, before the forthcoming local elections, the current law
    on powers of local authorities to enhance their skills and
    independence, taking into account the recommendations made in this
    respect by the Congress of Local and Regional Authorities (CLRAE);

    In 2003, Congress passed several recommendations to the Azerbaijani
    authorities on the introduction of a new legislation on local and
    regional democracy.

    In 2009, Congress was concerned by the amendment to the Constitution
    relating to local democracy.

    Also in 2009, the Venice Commission was concerned by the draft
    amendment to the law on the status of municipalities developed to
    ensure the implementation of this constitutional change.

    In 2012, Congress concluded that there had been no real progress in
    the implementation of the European Charter of Local Self.

    c. to pursue reforms aimed at strengthening the independence of the
    legislature vis-Ã-vis the executive, so that the former can exercise
    the right to question members of the government;

    Constitutional Law "on Safeguards for the vote of confidence of the
    Milli Mejlis of the government" adopted in 2001 provides for the
    Legislature, a right to arrest members of the government. However, as
    noted by the Venice Commission in 2001, the adoption of the
    aforementioned constitutional law does not give Parliament the right
    to cast a vote of no confidence in the government.

    d. to adopt, within one year of its accession, the Code of Criminal
    Procedure, taking into account the comments of the experts of the
    Council of Europe;

    The Code of Criminal Procedure has been prepared with the assistance
    of experts of the Council of Europe, but their comments were not taken
    into account.

    e. to adopt, within one year of its accession, the law on the Ombudsman;

    An Ombudsman Act was adopted on 28 December 2001.

    f. to adopt, within one year of its accession, a law on the fight
    against corruption and, within two years of its accession, a state
    program of fight against corruption;

    A law on the fight against corruption was adopted on 13 January 2004.
    A national strategy against corruption and an action plan for its
    implementation over the period 2007-2011, developed in cooperation
    with the Council of Europe, adopted by presidential decree in July
    2007.

    Azerbaijan has made significant progress with regard to the
    criminalization of corruption, but according to the GRECO reports,
    other legislative changes are needed, particularly with regard to the
    definition of "public official "and" bribery consumed. "

    g. to adopt a law on alternative service in compliance with European
    standards within two years of its accession, and in the meantime, to
    pardon all conscientious objectors currently serving prison sentences
    or serving in disciplinary battalions, allowing them (a when the law
    on alternative service in force) to choose to do their military
    service in non-armed service or alternative civilian

    No law on alternative service has been adopted. A bill has been
    prepared and has been assessed by the Council of Europe in 2006.

    iv. for human rights and fundamental freedoms:

    a. to sign an agreement with the International Committee of the Red
    Cross (ICRC) to ensure access of the latter to prisoners without
    restrictions and without reservations;

    Regular visits to places of detention are organized by the
    International Committee of the Red Cross (ICRC).

    b. to release or retry those prisoners who are considered "political
    prisoners" by organizations to protect human rights, including Mr.
    Iskander Gamidov, M. and M. Alikram Gumbatov Raqim Gaziyev;

    Records of prisoners who have been identified as political prisoners
    by the independent experts of the Secretary General in 2001 and
    2002-2004 ("list of 716") were closed, all those people who have been
    released or retried.

    Since then, the Parliamentary Assembly has raised the issue of alleged
    political prisoners in Azerbaijan in Resolutions 1547 (2007) and 1676
    (2009). The report of the Committee on Legal Affairs and Human Rights
    on the subject will be debated in the Assembly during the part-session
    in January 2013.

    c. to prosecute members of the bodies responsible for enforcing the
    law did not respect human rights (including the prohibition of
    torture) in the exercise of their functions;

    Cases of torture and other ill-treatment remain a source of concern in
    Azerbaijan. Defenders of human rights and national and international
    NGOs reported several alarming cases of alleged torture and
    ill-treatment in custody during the investigation phase and in
    prisons. The police also used violence against journalists covering
    events.

    No effective investigation had been carried out in most cases.

    d. to guarantee freedom of expression and independence of the media
    and journalists, particularly to exclude the use of administrative
    measures to restrict the freedom of the media;

    The current state of freedom of expression in Azerbaijan raises
    serious concerns. It is threatened by several factors: the state
    control of the media, the lack of diversity in the press, the
    criminalization of defamation and the use of repressive legislation on
    defamation and practices of engaging of unjustified or selective
    prosecution against journalists or others who may express critical
    opinions, but also and especially cases of harassment and violence
    against journalists critical aggravated by the impunity of
    perpetrators.

    e. to review and amend, within two years later after his accession,
    the law on the media;

    See comments above.

    f. to transform national television in public channel managed by a
    board of directors independent;

    The second channel of state television (AzTV2) has legally been
    transformed into public service broadcasting, but the first television
    channel state (AzTV1) remains under state control.

    The Parliamentary Assembly and institutions such as the OSCE
    Representative on Freedom of the Media and the OSCE / ODIHR in the
    elections, have all highlighted the lack of independence of these two
    channels.

    In June 2007, experts from the Council of Europe recommendations to
    introduce legislation in safeguards to ensure such independence (see
    ATCM (2007) 11), but the law on radio and television Azerbaijan has
    not been modified.

    g. to adopt, within three years of its accession, a law on minorities
    which completes the provisions on non-discrimination contained in the
    Constitution and the Penal Code and replaces the presidential decree
    on National Minorities;

    No specific law on the Protection of National Minorities was adopted
    for the moment.

    h. to review and amend, within a year later after his accession, the
    criteria for registration of associations and procedures.

    The Venice Commission, in its opinion, has raised a number of issues
    regarding the law on NGOs. Appendix 2 - Dissenting opinion by MM.
    Davit Harutyunyan (Armenia, EDG) and Armen Rustamyan (Armenia, SOC),
    members of the Committee suivi96

    Introduction

    We disagree with certain conclusions of rapporteurs for Azerbaijan as
    well as the choice of words used in the report entitled "Honouring of
    obligations and commitments by Azerbaijan," especially in regard to
    part of this report on the Nagorno-Karabakh, for the following
    reasons:

    - The information in the report is biased.

    - The information, very often, is the echo of the propaganda of
    Azerbaijani Government.

    - The formulation used is not consistent with the agreed and used by
    the Minsk Group of the OSCE - the only internationally recognized
    format allowed to address the issue of settlement of the
    Nagorno-Karabakh.

    For these reasons, the findings on all aspects of the conflict are
    misleading and do not reflect the situation on the ground.

    Below is our objections to the report and the explanatory memorandum
    of co-rapporteurs

    Paragraph 5

    Despite the current debate on the matter Safarov held during the
    part-session of the Assembly autumn 2012 despite the severe
    condemnation and by the international community (including the
    President of the Parliamentary Assembly, the Secretary General Council
    of Europe Commissioner for Human Rights, the Chair of ECRI, etc.).
    outrageous acts of the Azerbaijani authorities regarding the release
    and the glorification of a murderer, these actions are unacceptable
    and intolerable raised by the co-rapporteurs in a neutral sentence. In
    addition, they say nothing about the misuse of Azerbaijan to the
    Convention of the Council of Europe Convention on the Transfer of
    Sentenced Persons.

    Paragraphs 21 and 26

    In these paragraphs, the co-rapporteurs use the words "ongoing
    conflict with Armenia over Nagorno-Karabakh." This wording does not
    match the format agreed by the Minsk Group of the OSCE format only
    internationally recognized and accepted to address the issue of
    Nagorno-Karabakh.

    The three reference principles recognized by the Minsk Group of the
    OSCE, and by default, all member states of this organization - States
    that are also members of the Council of Europe - are the "right to
    self, "the" non-use of force and threat of force "and" territorial
    integrity ".

    The wording proposed by the co-rapporteurs reflects the position of
    the Azerbaijani authorities to which the conflict is territorial
    order. This assertion is without merit, and the population of
    Nagorno-Karabakh has exercised its right to self-determination.
    However, as noted above, this right is recognized by the Minsk Group
    and by Azerbaijan itself (see, for example, the Ministerial
    Declaration of Astana, OSCE, 2010).

    In addition, there are three parties to the conflict: Azerbaijan,
    Armenia and Nagorno-Karabakh, Armenia is indeed "conditionally" party
    to the conflict to the extent that the international community in
    general, and Parliamentary Assembly in particular, have asked "to use
    its considerable influence on the Armenians of Nagorno-Karabakh to
    foster conflict resolution" (see Opinion 221 (2000) of the
    Parliamentary Assembly application for membership of Armenia to the
    Council of Europe, paragraph 13.2. b). Protocol cease-fire was signed
    in Bishkek in 1994 by the elected representatives of Nagorno-Karabakh.
    If a peace agreement is reached, it must be signed by the authorities
    of the Republic of Nagorno-Karabakh.

    The words "Nagorno-Karabakh" are the only ones recognized by the
    co-chairs of the Minsk Group, who use them in all their communications
    and official statements. We believe that our organization should avoid
    distorting any agreed term, especially when it comes to dealing with
    complex and highly political issues such as the conflict over
    Nagorno-Karabakh.

    References:

    - Http://assembly.coe.int/ASP/Doc/XrefViewPDF.asp? FileID = 16815 &
    Language = EN

    - Www.nkrusa.org / nk_conflict / documents.shtml # two

    Paragraph 30

    In this section, the co-rapporteurs insist that "the international
    community, which can be blamed for failing to comply with its
    resolutions in relation to the conflict, has also considerable
    political pressure on Azerbaijan in other areas. " In doing so, they
    only unfortunately take the position that the Azerbaijani authorities
    pretext of conflict in order to justify the lack of implementation of
    their commitments to human rights, rule of law and democracy. We
    believe that the international community has no undue pressure on the
    Government of Azerbaijan. In its 1999 resolution on supporting the
    peace process in the Caucasus region, the European Parliament states
    that "the strengthening of democracy and respect for human rights are
    essential conditions for a peaceful solution to the conflict Karabakh.
    " The existence of a conflict does not justify the lack of progress in
    other areas. We believe that the co-rapporteurs of the Parliamentary
    Assembly should not follow the reasoning of the Government of
    Azerbaijan but rather insist on the fact that nothing justifies the
    lack of implementation of commitments.

    References:

    - Http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp? FileID = 16816 &
    Language = EN

    - Http://eurlex.europa.eu/LexUriServ/LexUriServ.do? Uri = OJ: C:
    1999:175:0251:0252: EN: PDF

    Paragraph 31

    In this section, the co-rapporteurs say: "Eighteen years after the
    cease-fire, no peaceful solution was found almost 20% of Azerbaijani
    territory, including Nagorno-Karabakh and seven surrounding districts,
    is always busy. Some 900,000 people, or 10% of the country's
    population, remain displaced, which weighs heavily on the economic and
    social situation of Azerbaijan "97.

    The question of the future status of Nagorno-Karabakh and surrounding
    areas of state is one of the main issues being negotiated under the
    Madrid principles reiterated in the Declaration of the G8 Summit in
    L'Aquila and statements consecutive G8 Muskoka and Deauville, and the
    Declaration of the G20 Los Cabos (the Presidents U.S., Russian and
    French). While the Council of Europe has recognized the format of the
    Minsk Group and the ongoing negotiations within the framework of the
    latter, should not the documents adopted by the Parliamentary Assembly
    deviate from this format because negotiations could suffer. That is
    why when they speak the status or condition of the areas affected by
    the conflict, the co-rapporteurs should not forget that these issues
    are currently the subject of negotiations are not completed. Regarding
    the figures for the territories, it is better not to mention, those
    cities are far from reality.

    In addition, it should be taken into account paragraph 10 of the
    European Parliament resolution of 20 May 2010 "on the need for a
    strategy of the European Union for the South Caucasus" (2009/2216
    (INI)) according which "should be abandoned quickly position that the
    Nagorno-Karabakh includes all occupied Azerbaijani territories that
    surround it, (...) the provisional status of Nagorno-Karabakh could be
    a solution pending the determination of its status final and create a
    transitional framework for peaceful coexistence and cooperation
    between the Armenian and Azerbaijani populations in the region. " Do
    not forget that the cease-fire in 1994, called "Bishkek Protocol" was
    signed by all parties to the conflict: Armenia, Nagorno-Karabakh and
    Azerbaijan.

    References:

    - Www.osce.org/mg/85838; www.osce.org/mg/91393; www.osce.org/mg/78195;
    www.osce.org/mg/69515;

    - Www.europarl.europa.eu / sides / getDoc.do? PubRef = - / / EP / /
    TEXT + TA + P7-TA-2010-0193 +0 + DOC + XML + V0 / / EN

    The figures on IDPs provided by the co-rapporteurs are absolutely not
    reliable. However, the co-rapporteurs refer to Doc. 11,196 missing
    persons in Armenia, Azerbaijan and Georgia from the conflicts over the
    Nagorno-Karabakh, Abkhazia and South Ossetia to justify their
    assertions in this regard, which calls for several comments:

    - The Doc. 11196, which deals only with issues relating to missing
    persons, has no numbers.

    - All international documents show the figures of the UN High
    Commissioner for Refugees, including the European Parliament
    Resolution of 1999 on support for the peace process in the Caucasus
    region. In particular, it is stated in paragraph B of this text that
    "the war has led to serious human problems, mainly because of the
    displacement of over a million people of Armenia, Karabakh and
    Azerbaijan." Documents of the Parliamentary Assembly on the issue are:
    Doc. 7250 (1995) on the humanitarian situation of refugees and
    displaced persons in Armenia and Azerbaijan (rapporteur David
    Atkinson), Doc. 9480 (2002) on the situation of refugees and displaced
    persons in Armenia, Azerbaijan and Georgia (Rapporteur: Ruth-Gaby
    Vermot-Mangold) and Doc. 10835 (2006) on refugees and displaced
    persons in Armenia, Azerbaijan and Georgia (rapporteur: Boriss
    CileviÄ?s).

    References:

    - Http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? Uri = OJ: C:
    1999:175:0251:0252: EN: PDF

    - Http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp? FileID = 9761 &
    Language = EN

    - Http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp? FileID = 11140 &
    Language = EN

    Paragraph 34

    In this section, the co-rapporteurs insist that "mediation efforts
    brought only very limited progress in the investigation of violations
    of the cease-fire." The co-rapporteurs, who know very well the real
    situation, keep to note that the only obstacle to progress is the
    official refusal opposed by Azerbaijan to the creation, in the format
    of the OSCE, the investigation mechanism violations of the line of
    contact. Azerbaijan constantly hinders the efforts of the OSCE to
    develop the investigation process, including threatening to suspend
    budgets (on this issue) Special Representative of the Chairperson of
    the OSCE in conflict which is before the Minsk Group.

    Paragraph 37

    In this section, the co-rapporteurs emphasized that "[t] he work of
    the ad hoc committee has been difficult from the start ... by a lack
    of cooperation from the Armenian side. " It is worth mentioning that
    the Armenian delegation attended the first meeting of the ad hoc
    committee. The rapporteurs should have consulted the minutes of the
    meeting held under the chairmanship of Lord Russell-Johnston. No does
    about the lack of participation of the Armenian delegation to the
    meetings and nothing is said no more about it in the report submitted
    to the Office by Lord Russell-Johnston.

    Regarding the reconstruction of the ad hoc committee in 2010, the
    Armenian delegation expressed doubts about the true purpose of this in
    a letter to the Office January 25, 2010 [the letter is attached as
    attention of the co-rapporteurs].

    Paragraph 40

    In this section, the co-rapporteurs noted that "[t] he success of
    initiatives for resolving this conflict, which has been an obstacle to
    development in the country's internal political, economic,
    institutional and social, is crucial to the future democratic progress
    of Azerbaijan. "

    It is the lack of progress in building a democratic society where
    fundamental rights and freedoms of man are respected, where local
    democracy is established, where journalists are not jailed, where
    people are not held for their opinions and political positions, which
    is an "obstacle to development in the country's internal political,
    economic, institutional and social." Aliev regime pushes the conflict
    to use as an instrument for consolidating and oppression against
    movements for social and democratic reform. There are a number of
    states with cases where a conflict democratization processes have
    nevertheless led (Cyprus, India, Northern Ireland, Israel, etc.).. The
    Azerbaijani authorities prétexteront paragraph proposed by the
    co-rapporteurs to continue not to fulfill their commitments to the
    protection and promotion of human rights, development of democratic
    institutions at all levels and promoting rule of law. By adopting such
    a position, the co-rapporteurs are supporting the Azerbaijani regime
    and its results in terms of human rights.

    Paragraph 41

    In this section, the report says: "We have noted, however, that the
    credibility of this format [the Minsk Group] was increasingly
    challenged. '

    Incidentally, they fail to address is that Azerbaijan has always
    questioned the effectiveness and credibility of the Minsk Group.
    Therefore, this section also reflects the position of the Azerbaijani
    authorities, which are used to impose the idea of ??the
    ineffectiveness of international mediation efforts, thus justifying
    the strong discontent of Azerbaijan. Apart from this state, no country
    or organization has never challenged the format of the Minsk Group.
    That is why, once again, it is unfortunate that the rapporteurs follow
    the same path that the Azerbaijani Government instead of impartiality
    and independence of mind.

    Paragraph 194

    In this paragraph, one sentence, the co-rapporteurs refer to the ECRI
    report on Azerbaijan in 2011 and simply note that it "raised concerns
    about freedom of religion." Surprisingly, nothing is said in this
    paragraph concerns and recommendations contained in the reports of
    ECRI. The co-rapporteurs forget to report the unprecedented rise of
    anti-Armenian sentiment encouraged by the state, which reveals the
    ECRI report. As for the "case Safarov," it shows that xenophobia and
    intolerance raise a growing concern in Azerbaijan, which should be
    reflected and treated as it should be in the report on that country.

    1. Reference to committee: Resolution 1115 (1997).

    2. Draft resolution adopted by the committee on 12 December 2012.

    3. They led to the adoption by the Assembly the following resolutions:
    1305 (2002), 1358 (2004), 1398 (2004), 1456 (2005), 1545 (2007), 1614
    (2008) and 1750 (2010) .

    4. See Resolutions 1272 (2002), 1359 (2004), 1398 (2004) and 1457 (2005).

    5. See Doc. 13079, report on monitoring the issue of political
    prisoners in Azerbaijan.

    6. See Doc. 12455, Resolution 1787 (2011).

    7. See Recommendation 1897 (2010) on respect for media freedom, and Doc. 12 102.

    8. See Doc. 12957, Resolution 1891 (2012).

    9. See Resolution 1416 (2005) and Recommendation 1690 (2005) on the
    Nagorno-Karabakh region dealt with by the Minsk Conference of the
    OSCE. See also Resolution 1525 (2006) on the establishment of a
    Stability Pact for the South Caucasus. The Commission is currently
    preparing a report on "The new parliamentary efforts to create a
    Stability Pact for the Caucasus."

    10. See Resolution 1497 (2006) and Recommendation 1877 (2009)
    "Europe's forgotten people: protecting the human rights of IDPs long."

    11. See Doc. 11,769 on the observation of the presidential elections
    in Azerbaijan (15 October 2008), Doc. 11865 Part II, Appendix to the
    Report of the Bureau on the mission of presence during the
    constitutional referendum in Azerbaijan (18 March 2009) and Doc.
    12,475 on the observation of parliamentary elections in Azerbaijan (7
    November 2010).

    12. See Resolutions 1480 (2006) and 1505 (2006).

    13. See Opinion No. 390/2006.

    14. See Opinion No. 518/2008.

    15. See Opinion No. 548/2009.

    16. See Opinion No. 559/2009.

    17. See Opinion No. 636/2011.

    18. See Opinion No. CDL (2012) 066.

    19. See document AS / Mon (2011) 07 rev and AS / Mon (2012) 05 rev.

    20. Iran demands that the Caspian Sea is divided into five equal
    shares among the riparian countries and the challenges of oil
    exploration in Azerbaijani waters concerned.

    21. See Doc. 11 196.

    22. The text of this report is available on the website of the OSCE.

    23. See AS / Bur / AdhocNK (2011) 01.

    24. Europe Briefing No. 60 International Crisis Group (ICG) (February 2011).

    25. Ibid.

    26. See action plan EU / Azerbaijan.

    27. See Doc. 12 881.

    28. The growth rate was close to 10% per year during the period
    2000-2004 it was 26.4% in 2005 (second highest GDP growth the highest
    in the world), has surpassed the 36% 2006 (growth rate the highest in
    the world) and reached 41.7% in the first quarter of 2007. Growth so
    high can not register in time, the rate rose to 11.6% in 2008 and 9.3%
    in 2009, 5% in 2010 and 0.1% in 2011.

    29. 10% in 2005, 20% in 2007.

    30. Oil and Gas Journal, January 2012.

    31. AIOC is a consortium of 10 oil companies that have signed
    extraction contracts with Azerbaijan and is led by BP and Chevron
    includes Statoil, Turkiye Petrolleri, ExxonMobil and SOCAR.

    32. See IMF Country Report No. 12/6, January 2012.

    33. Ibid.

    34. See Doc. 11 769.

    35. See Doc. 12 475.

    36. See Opinion No. 518/2008 on the draft amendments to the
    Constitution of the Republic of Azerbaijan adopted by the Venice
    Commission at its 78th plenary session, CDL-AD (2009) 10.

    37. See press release 161 (2009) of 2 March 2009, published by the
    Congress ("Congress Bureau calls for postponement of the referendum in
    Azerbaijan") and press 218 (2009) of 16 March 2009 ("Ian Micallef puts
    the Azerbaijan cautioned against weakening the Constitution ").

    38. The Venice Commission concluded that "[s] ome amendments are
    undeniably significant improvements over the current Constitution and
    should be welcomed. At the same time, there need to worry some very
    negative developments in terms of democratic practice, given the
    situation in Azerbaijan. This is essentially the case for the repeal
    of the limit of two presidential term, which reinforces the already
    considerable head of state and does not follow the European practice.
    "

    39. See Document CPL (18) 2.

    40. See the reports of the Assembly observation missions in
    Azerbaijan: Doc. 10003 of 27 November 2003 (2003 presidential
    election), Doc. 10751 of 29 November 2005 (election of 2005), Doc.
    10941 of 13 May 2006 (partial repeat parliamentary elections of 2005),
    Doc. 11,769 (2008 presidential election), and Doc. 12,475 (2010
    parliamentary elections).

    41. See Doc. 10 807.

    42. Kerimova c. Azerbaijan (30 September 2010); Namat Aliyev c.
    Azerbaijan (8 April 2010); Seyidzade c. Azerbaijani n (8 April 2010);
    Kerimli c. Azerbaijan (10 January 2012); Hajili c. Azerbaijan (10
    January 2012); Alibeyli c. Azerbaijan (10 January 2012), Jalaloglu c.
    Azerbaijan (10 January 2012).

    43. See Doc. 11 769.

    44. Joint opinion of the Venice Commission and OSCE / ODIHR on the
    draft amendments to the Electoral Code of the Republic of Azerbaijan,
    CDL-AD (2008) 11/Avis No 390/2006.

    45. Standards of transparency in political party funding are contained
    in Recommendation Rec (2003) 4 of the Committee of Ministers on common
    rules against corruption in the funding of political parties and
    electoral campaigns.

    46. See Opinion No. 631/2011.

    47. In their comments on this report, the Azerbaijani authorities have
    informed us that under the Presidential Decree of 8 May 2012 on
    measures to ensure the application of the law of April 20, 2012, a
    party may be dissolved by decision justice on the basis of an
    application filed by the Department of Justice.

    48. CDL-INF (2001) 26.

    49. Document CG (23) 12. See also Resolution 345 (2012) and
    Recommendation 326 (2012) of the Congress.

    50. See Opinion No. 518/2008.

    51. See footnote on page # 16.

    52. See Opinion No. 390/2006.

    53. See footnote on page 49.

    54. View congressional report on the observation of elections, CPL (18) 2.

    55. In their comments, the authorities call our attention to the
    evaluation of the selection process of judges conducted by the
    European Commission for the Efficiency of Justice (CEPEJ), which
    concluded that "the model defined by the Azerbaijani authorities to
    selection new judges can be seen as an interesting example of good
    practice in that it has the characteristics of an effective and
    independent judiciary and shows the way to the establishment of such a
    system "(see document CEPEJ- COP (2011) 1).

    56. The financial resources of the state budget devoted to
    administration of justice tripled between 2006 and 2008, from 10
    million to more than 30 million euros.

    57. Authorities indicated in their comments that this procedure is
    consistent with the provisions contained in the Recommendation CM /
    Rec (2010) 12 of the Committee of Ministers on judges: independence,
    efficiency and responsibilities.

    58. See footnote on page No. 55.

    59. Ibid.

    60. Ibid.

    61. Azerbaijan Trial Monitoring Report 2010, the OSCE Office in Baku,
    available on the website of the OSCE.

    62. See Amnesty International report on freedoms in Azerbaijan
    published in November 2011.

    63. For example, Mr. Elchin Namazov famous lawyer who defended the
    participants in the events of April 2011, was removed from the Bar in
    September 2011 court decision.

    64. Human Rights House Foundation, "Serious Concerns about human
    rights Abuses in the Republic of Azerbaijan", June 2012.

    65. The authorities have informed us that the amendments to the
    Criminal Code to address these problems have been introduced since the
    last report to GRECO.

    66. In their comments, the authorities informed us that the draft law
    on the prevention of conflicts of interest in the activities of public
    officials is being developed.

    67. View network anti-corruption OECD Eastern Europe and Central Asia
    Monitoring Report, March 2010.

    68. In their comments, the authorities have informed us that
    Azerbaijan had withdrawn all its reserves by Parliament's decision of
    1 October 2012.

    69. In their comments, the authorities have informed us of progress in
    the implementation of the system of electronic public services, which,
    according to them, should contribute significantly to the fight
    against corruption.

    70. Report on Azerbaijan to Human Rights Watch, October 2010.

    71. Human Rights House Foundation, briefing to the Parliamentary
    Assembly, June 2012.

    72. See, for example, business Garayev c. Azerbaijan, judgment of 10
    June 2010, or Muradova c. Azerbaijan, judgment of 2 April 2009.

    73. The authorities stressed that the judgment relates events dating
    back to 2004. Since then, considerable progress has been made in the
    treatment of tuberculosis in places of detention and prisons.

    74. Report on Azerbaijan Human Rights Watch, October 2010.

    75. See footnote on page 58.

    76. Ibid.

    77. See www.osce.org / fom.

    78. See Resolution on the situation of human rights in Azerbaijan
    adopted by the European Parliament on 24 May 2012, 2012/2654 (RSP).

    79. Human Rights Watch report on Azerbaijan, "Beaten, blacklisted and
    behind the bars, The vanishing space for freedom of expression in
    Azerbaijan," 2010.

    80. See cases Fatullayev c. Azerbaijan and Mahmudov and Agazade c. Azerbaijan.

    81. In their comments, the authorities indicate that the warning was
    due to non-submission to the Ministry of Justice since 2006, the
    organization of information on the election of the President, as
    required by law.

    82. Amnesty International Report, November 2011.

    83. Ibid.

    84. See CommDH (2010) 21.

    85. Human Rights House Foundation, Information Note to the
    Parliamentary Assembly, June 2012, see also the website of Amnesty
    International.

    86. Human Rights Watch report on Azerbaijan, 2010.

    87. In their comments, the authorities claim that the event which was
    held in Guba was not peaceful, protesters reportedly set fire to a
    house, damaged public and private property, and injuring several
    policemen.

    88. See Stankov and the United Macedonian Organisation Ilinden v..
    Bulgaria, judgment of 2 October 2001.

    89. The European Court of Human Rights stated Azerbaijan guilty of
    violations of Article 11 (freedom of association) several times,
    including in the following cases: Ramazanova et al. Azerbaijan (2007);
    Ismayilov c. Azerbaijan (2008); Nasibova c. Azerbaijan (2007); Aliyev
    et al. Azerbaijan (2008) and Tebieti Mühavize Israfilov and c.
    Azerbaijan (2009).

    90. Report on the state of the non-governmental sector in Azerbaijan
    Human Rights House Foundation, Baku, 2011.

    91. Article 29 (4) of the Constitution provides for the possibility of
    expropriation for the sake of the State and only after a government
    decision. Such a decision has not been made public.

    92. Article 29 (4) of the Constitution.

    93. See the website of Human Rights House.

    94. Ibid.

    95. The reports are available on the website of the Commissioner.

    96. Pursuant to Rule 49.4 of the Rules of Procedure ("In addition, the
    report of a commission has an explanatory memorandum by the
    rapporteur. The commission notes. Dissenting opinions that have arisen
    in Committee are included at the request of their authors, preferably
    in the body of the explanatory memorandum attached or otherwise in a
    footnote on page ").

    97. See Doc. 11196 [referred to by the co-rapporteurs].

    Monday, December 31, 2012,
    Stéphane © armenews.com



    From: Emil Lazarian | Ararat NewsPress
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