Azerbaijan's Press Freedom: A Reality Check

does azerbaijan have freedom of speech

Azerbaijan has been criticised for its treatment of journalists, activists, and government critics, with international organisations alleging that the country has violated human rights standards established in international law. Despite freedom of speech being outlined in the country's constitution, Azerbaijan has been accused of suppressing independent media outlets and dissenting voices, with journalists facing imprisonment, harassment, and physical assault. The country has also been criticised for its treatment of minority groups, with freedom of religion being curtailed and the Lezgin and Talysh people facing discrimination.

Characteristics Values
Freedom of speech The Azerbaijani constitution guarantees freedom of speech , but in practice, the government maintains a tight control over the media and critics of the government are often imprisoned or harassed.
Freedom of assembly Azerbaijan has imposed a blanket ban on protests in central Baku, offering demonstrators a remote location on the outskirts of the city instead.
Freedom of association Azerbaijan has been accused of violating freedom of association by imprisoning and harassing political activists and human rights defenders.
Freedom of expression Azerbaijan has been accused of violating freedom of expression by imprisoning and harassing journalists, human rights defenders, and activists.
Freedom of religion The secular Azerbaijani government represses all religions, controlling religious practice and censoring religious literature.
Freedom of the media Azerbaijan ranks 154 out of 180 countries on the World Press Freedom Index, with authorities imprisoning and harassing independent and critical journalists.

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Azerbaijan's human rights record

Freedom of Speech and Expression

Azerbaijan has been criticised for its restrictions on freedom of speech and expression. According to Human Rights Watch, the government maintains "rigid control", severely curtailing these freedoms. The country ranks 154th out of 180 countries on the World Press Freedom Index, and Reporters Without Borders ranks Azerbaijan 167th out of 180 countries on its Press Freedom Index.

A new media law passed in 2021 has been criticised by journalists, who say it will make their work more difficult, especially for freelance and independent reporters. The law includes a media registry, which may make it hard for some journalists to gain access to official sources. Other parts of the law related to objectivity and bias could also be used to restrict critical reporting.

Treatment of Activists and Critics

Azerbaijan has been accused of carrying out an "escalating crackdown" on government critics and activists over the past two years. Human rights defenders, journalists, and activists in Azerbaijan have faced threats and violence, with credible allegations of state involvement and a failure to bring perpetrators to justice.

In 2022, there were reports of assaults and unlawful detentions of independent journalists, such as Ayten Mammedova, Fatima Movlamli, and Sevinj Sadikhova. Civil society activist Imran Aliyev disappeared for 20 hours while in the custody of the Interior Ministry’s Organised Crime Department.

Political Prisoners

Azerbaijan has been criticised for its treatment of political prisoners and government critics. In 2019, President Ilham Aliyev pardoned over 50 imprisoned critics, including journalists, bloggers, and activists. However, their convictions remained in force, and some faced travel restrictions or chose to leave the country due to fears of further persecution.

Torture and Ill-Treatment

There have been reports of torture and ill-treatment in custody, with authorities typically dismissing complaints. In one case, Bayram Mammadov, a youth opposition movement activist, was arrested and sentenced to 30 days in jail on disobedience charges after giving a media interview in which he said he would continue his political activism. He was reportedly slapped, kicked, and held for nearly 24 hours, handcuffed and with his legs tied.

Freedom of Assembly

Azerbaijan has been criticised for violating freedom of assembly, with authorities denying opposition supporters the right to demonstrate or hold rallies in or near city centres. Those attending unsanctioned rallies have been beaten and arrested.

Minority Rights

In the context of the Nagorno-Karabakh conflict, hate speech against Armenians is common in officially sanctioned media. The Lezgin people face discrimination and feel forced to assimilate into Azeri identity to avoid economic and educational discrimination. The Talysh people have suffered due to the long-term deprivation of cultural and educational rights, and the Azerbaijani state has intimidated and repressed leading Talysh activists.

Freedom of Religion

Freedom of religion is substantially curtailed in Azerbaijan. The government, which follows a strictly secular and anti-religious ideology, represses all religions. Religious literature is censored, religious institutions are closed down, and clerics are not allowed to run for political office.

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Freedom of expression

Azerbaijan has faced widespread criticism for its human rights record, with international organisations frequently alleging that the country violates human rights standards established in international law.

The country's press freedom record is particularly poor, with Reporters Without Borders ranking Azerbaijan 167 out of 180 countries on the Press Freedom Index. A report by Human Rights Watch accused Azerbaijan of "severely curtailing freedoms of association, expression, and assembly", as well as "torture and ill-treatment" of journalists, lawyers, and opposition activists.

The situation for freedom of expression in Azerbaijan has been described as "worrying" and "alarming", with journalists, human rights defenders, and activists facing threats and violence. This includes the high-profile case of independent journalist Ayten Mammedova, who was attacked by an unknown assailant in May 2022 while covering a murder case in which the suspect claimed to have been tortured by the authorities. Other journalists, such as Fatima Movlamli and Sevinj Sadikhova, have been unlawfully detained, harassed, and beaten while reporting.

The Azerbaijani government has been accused of using various tactics to restrict freedom of expression, including intimidation, arbitrary arrests, and even physical assaults. Those who criticise the government often face severe harassment and imprisonment, and public demonstrations against the ruling regime are not tolerated.

In addition to targeting journalists and activists, the government has also been known to silence exiled activists by intimidating their relatives in Azerbaijan.

A new media law passed in 2021 has further contributed to the tense conditions for journalists in the country. While lawmakers have not yet established penalties for the law, critics argue that provisions such as a media registry will make working more difficult, especially for freelance or independent reporters. There are concerns that the registry could be used to restrict critical reporting and concentrate journalism in the hands of the government.

Despite the tense environment, some journalists in Azerbaijan continue to report on and expose significant issues. For example, investigative reporter Khadija Ismayilova was part of the global coverage of the Pegasus project, which examined the use of spyware to target politicians, civil society, and media workers.

Azerbaijan's poor record on freedom of expression has led to calls for the country to respect its international obligations and put an end to threats and violence against journalists and human rights defenders.

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Freedom of assembly

In Azerbaijan, the right to freedom of assembly is not always respected. The country has been accused of violating human rights standards established in international law, including "severely curtailing freedoms of association, expression, and assembly", according to Human Rights Watch.

Up until May 2005, there was no legal protection for freedom of assembly in Azerbaijan. Although a blanket ban on opposition gatherings was lifted by presidential decree, the authorities continued to deny opposition supporters the right to demonstrate or hold rallies in or near city centers. Those attending opposition rallies that had not been sanctioned by the government were beaten and arrested.

In recent years, Azerbaijan has continued to face criticism for its treatment of journalists, human rights defenders, and activists. There have been reports of threats, violence, and unlawful detention. The authorities have been accused of clamping down on the right to freedom of expression and opinion, and attacks on these freedoms have often gone unpunished.

In the lead-up to the 2024 UN climate talks, which Azerbaijan hosted, the country faced growing pressure regarding its human rights record. Human rights activists and U.S. lawmakers called for an end to alleged abuses of civil society groups and ethnic Armenians. A report by Human Rights Watch and Freedom Now stated that Azerbaijan was carrying out an "escalating crackdown" on government critics and activists, including the arrest of human rights advocate Anar Mammadli. The report highlighted the use of politically motivated charges such as smuggling money, illegal entrepreneurship, extremism, and treason to target activists and media figures.

Azerbaijan's embassy in Washington disputed the report, stating that all cases were being handled appropriately and that interference in domestic legal processes went against the rule of law. The embassy also denied allegations of human rights abuses, claiming that the selection of Azerbaijan to host the climate talks demonstrated its credibility as a responsible member of the international community.

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Freedom of the media

Azerbaijan has been criticised for its treatment of journalists and independent media outlets. The country has been described as having a "poor press freedom record", ranking 154 out of 180 countries on the World Press Freedom Index.

The country's media laws have been labelled as "increasingly repressive" by Reporters Without Borders, who also ranked Azerbaijan 160th out of 180 nations in the 2013-14 Press Freedom Index. The government has been accused of imprisoning and harassing independent and critical journalists.

In 2022, a new media law was passed, which critics say will make working conditions more difficult for journalists, especially freelance and independent reporters. The law includes a media registry, which may make it harder for some journalists to gain access to official sources, as freelance reporters may not be considered journalists. Other parts of the law, which address objectivity and bias, could also be used to restrict critical reporting.

Journalists in Azerbaijan have faced obstacles and intimidation tactics for years. In 2017, Mehman Aliyev, the director of an independent media outlet, was jailed. Although he was released 16 days later, this incident is an example of the tense conditions under which journalists operate in the country.

In February 2022, two independent journalists, Fatima Movlamli and Sevinj Sadikhova, were insulted, beaten, and unlawfully detained by police while reporting in central Baku. This is just one example of the violence, threats, and ill-treatment that journalists and free expression advocates face in Azerbaijan.

The country's authorities have been accused of maintaining "rigid control", severely curtailing freedom of expression and assembly. Defamation is a criminal offence, and journalists who criticise the government can face severe harassment, imprisonment, and physical assault.

Azerbaijan's mainstream media remains under tight government control, and most Azerbaijanis receive their information from mainstream television, which is unswervingly pro-government. As a result, Azerbaijani citizens struggle to access objective and reliable news, particularly on human rights issues and matters of public interest.

The Committee to Protect Journalists has stated that the charges against many journalists are "fabricated" and "politicised". Prison conditions for journalists are reported to be dire, with routine ill-treatment and denial of medical care.

The government has also been accused of using its criminal justice system to silence political rivals and journalists who criticise corruption. Aliyev's authoritarian rule has resulted in the shutdown of independent media outlets and the suppression of opposition parties.

Overall, Azerbaijan's freedom of the media is severely restricted, with journalists facing intimidation, harassment, and imprisonment for their work. The country's media laws are repressive, and the government maintains tight control over the press.

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LGBT rights

Azerbaijan has been criticised for its treatment of LGBT+ people. While same-sex sexual activity has been legal since 2000, there are no laws that explicitly protect LGBT+ people, and same-sex marriage is not recognised. Discrimination on the basis of sexual orientation and gender identity is not banned, and LGBT+ people face high rates of violence, harassment, and discrimination.

Since 2015, ILGA-Europe has ranked Azerbaijan as the worst state in Europe for LGBT+ rights protection, citing "a near total absence of legal protection" for LGBT+ individuals. There are no laws that prohibit discrimination in employment, housing, or public accommodations. In addition, there is no legal recognition of non-binary gender identities, and transgender people are required to undergo surgery to change their legal gender.

In September 2017, reports emerged that at least 100 members of Baku's LGBT+ community were arrested, ostensibly as part of a crackdown on prostitution. Detainees were subject to beatings, interrogation, forced medical examinations, and blackmail. In 2019, the European Court of Human Rights called out Azerbaijan for its 2017 raids, in which over 80 LGBT+ people were detained and many were tortured and abused by the police.

Azerbaijan's anti-LGBT+ discrimination has also caused controversy in relation to international events hosted by the country. Critics argue that Azerbaijan should not be allowed to host such events due to its discrimination against LGBT+ people.

Despite the challenges, there have been some signs of increasing visibility and activism within the LGBT+ community in Azerbaijan. Several Azerbaijani celebrities have shown support for LGBT+ rights, and there are a small number of LGBT+ organisations and media outlets in the country.

Frequently asked questions

Yes, freedom of speech is protected by the Constitution of Azerbaijan. However, in practice, the country has been criticised for its treatment of journalists and activists.

Section 3 of the Constitution establishes the major rights and freedoms of citizens of Azerbaijan, including freedom of speech, conscience and thought.

In practice, Azerbaijan has been accused of violating human rights standards established in international law. The country has been criticised for its treatment of journalists, activists, and government critics, with reports of harassment, imprisonment, and even physical assaults.

International organisations such as Human Rights Watch, Freedom Now, and Reporters Without Borders have expressed concern over Azerbaijan's human rights record, specifically highlighting issues related to freedom of speech and freedom of the press.

There have been calls for the Azerbaijani authorities to respect their international obligations, end threats and violence against journalists and human rights defenders, and carry out prompt and comprehensive investigations into crimes committed against them. Additionally, there is pressure on Azerbaijan to release political prisoners and improve its human rights record ahead of hosting the UN climate talks.

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