Police State Azerbaijan: A Country Under Surveillance And Control

Azerbaijan's law enforcement agencies are controlled by the Ministry of Internal Affairs of the Republic of Azerbaijan, which administers the National Police of the Republic of Azerbaijan. The Prosecutor's Office and the Ministry of Internal Affairs are the main law enforcement agencies, with broad responsibilities ranging from investigating criminal acts to protecting public order and security.

The National Police force falls under the authority of the Ministry of Internal Affairs and is regulated by the Internal Investigation Department, which supervises police compliance with the law, human rights, and civil liberties.

While Azerbaijan's constitution provides for freedom of expression and assembly, these rights are often restricted in practice. The government has been criticised for its treatment of journalists, activists, and opposition figures, with reports of intimidation, arbitrary detention, and violence.

Azerbaijan's human rights record has been the subject of scrutiny, with reports of unlawful killings, torture, harsh prison conditions, arbitrary detention, and restrictions on freedom of expression and association. The country's LGBT community has also faced crackdowns, with reports of arbitrary arrests and police brutality.

The country's president, Ilham Aliyev, has been in power since 2003 and has been accused of muzzling dissent and jailing opponents. While Western nations have courted Azerbaijan for its oil and gas resources, there are concerns about the country's commitment to human rights and democratic principles.

Azerbaijan's law enforcement agencies

The Prosecutor's Office is a part of the judicial system in Azerbaijan and is responsible for investigating criminal acts, participating in court procedures, protecting public accusations in criminal procedures, and supervising the implementation and operation of laws.

Other law enforcement agencies in Azerbaijan include the Customs Committee, the Ministry of Taxes, the Ministry of Justice, the Ministry of Emergency Situations, and the State Border Service. These agencies have internal investigation offices that deal with crimes in specific areas.

Azerbaijan is a member of INTERPOL, and the National Central Bureau (NCB) in Baku plays a crucial role in preventing the country from being used for international organised crime. The NCB provides global intelligence on regional crime trends, helping police officers detect and investigate illicit activities.

The State Security Service is primarily responsible for counter-terrorism, and the Electronic Security Service under the Ministry of Communications and High Technologies acts as a coordinating authority on cyber/ICT security issues.

The State Border Service and the State Customs Committee manage, observe, and control the Azeri Border, with support from the State Security Service in addressing transnational organised crime.

Human rights violations

Unlawful Killings and Torture

There are credible reports of unlawful or arbitrary killings committed by the government or its agents. Torture and cruel, inhuman, or degrading treatment or punishment by members of the security forces are also common, with multiple allegations of torture and abuse, particularly while detainees are in police custody.

Prison Conditions

Prison conditions in Azerbaijan are sometimes harsh and life-threatening due to overcrowding, inadequate nutrition, deficient heating, ventilation, and sanitation, and poor medical care. Detainees have complained about inhumane conditions in crowded basement detention facilities while awaiting trial.

Arbitrary Arrest and Detention

Arbitrary arrest and detention are prevalent, with authorities often making arrests based on spurious charges such as resisting police, illegal possession of drugs, or tax evasion. Opposition and activist groups are frequently targeted, and human rights defenders assert that these arrests are used to intimidate and dissuade activism.

Lack of Fair Public Trial

The judiciary in Azerbaijan is largely corrupt and inefficient, and judges are not independent of the executive branch. Verdicts are often legally unsupportable and unrelated to the evidence presented, with outcomes appearing predetermined. Investigations focus on obtaining confessions rather than gathering physical evidence, and serious crimes brought before the courts frequently end in conviction.

Restrictions on Freedom of Expression and Assembly

The government imposes severe restrictions on freedom of expression and assembly. Journalists, editors, and independent bloggers face intimidation, beatings, and imprisonment. Peaceful protests are forcefully dispersed, and independent organizations' activities are unduly restricted.

Violence Against Women

Women and girls in Azerbaijan continue to face gender-based harassment and violence, and the country has been criticized for its failure to adequately address domestic violence and promote gender equality in employment and other areas.

LGBTQI+ Rights

Discrimination and violence against LGBTQI+ individuals persist, and authorities often fail to investigate or punish those responsible for attacks. LGBTQI+ individuals also face family-based violence and are subject to hostile social media postings and hate speech.

Labor Rights

Labor rights activists face repression, and labor unions are unable to function independently due to government interference. Most major industries are dominated by state-owned enterprises, and workers' rights to strike and organize are severely restricted. Child labor and forced labor remain significant issues.

Freedom of Religion

The secular and anti-religious Azerbaijani government represses all religions and censors religious literature. Political speech by religious institutions is forbidden, and clerics are not allowed to run for political office. Mosque closures are used to repress independent Muslim groups, and clerics who act against the state's interests face dismissal and arrest.

Freedom of the press

Azerbaijan's press freedom is restricted by the government, which controls most broadcast media and information. The few independent media outlets are struggling to survive, with journalists working without contracts, social security, or regular salaries.

The government uses a range of measures to limit press freedom, including restricting journalists' access to print houses and distribution networks, bringing defamation charges, issuing crippling fines, and intimidating journalists through imprisonment on fabricated charges.

In 2015, Azerbaijan had the highest number of imprisoned journalists in Europe and Central Asia, according to the Committee to Protect Journalists. The country was also ranked as the fifth most censored country in the world, ahead of Iran and China.

The government has increased its control over the internet and surveillance of journalists' communications. Media freedom groups have expressed concern about the intimidation and harassment of internet activists and bloggers.

Azerbaijani authorities have imprisoned several notable journalists on charges that have been described as "fabricated" and "politicized" by the Committee to Protect Journalists. These journalists often face dire prison conditions, including ill-treatment and denial of medical care.

The US State Department's 2023 Country Reports on Human Rights Practices: Azerbaijan reported that journalists, editors, and independent bloggers in the country faced intimidation and, at times, beatings and imprisonment. The report also noted that the government imposed restrictions on journalists under the media law and pressured media outlets, journalists, bloggers, and activists to refrain from criticising the government.

The government's actions have led to widespread self-censorship among Azerbaijani journalists and a decline in media freedom.

LGBT+ rights

Azerbaijan has been the subject of international criticism for its treatment of LGBTQIA+ people. While same-sex sexual activity has been legal in Azerbaijan since 2000, the country has been ranked as the worst state in Europe for LGBTQIA+ rights protection by ILGA-Europe every year since 2015.

Violence, Harassment, and Discrimination

LGBTQIA+ people in Azerbaijan face high rates of violence, harassment, and discrimination. In 2017, police in Baku arrested and tortured dozens of men presumed to be gay or bisexual, as well as transgender women. During these arrests, police beat detainees and subjected them to electric shocks to coerce bribes and information about other gay men. In 2019, a 14-year-old girl from Baku, Elina Hajiyeva, attempted suicide due to homophobic bullying at her school. In the same year, Azerbaijan Airlines fired three employees for releasing the personal information of a transgender passenger on social media.

Legal Recognition and Protections

Discrimination on the basis of sexual orientation and gender identity is not banned in Azerbaijan. Same-sex marriage and civil unions are not recognized or performed, and same-sex couples are not allowed to adopt children. While there is no specific law prohibiting LGBTQIA+ individuals from serving in the military, they may be deemed unfit to serve under Articles 18/b and 17/b of the Regulation on Military Medical Examinations, which relate to personality disorders and reactive psychoses and neurotic disorders. Azerbaijan has no legislation enabling transgender people to legally change their gender on official documents, although they are allowed to change their name to match their gender identity.

Societal Attitudes

Homosexuality remains a taboo subject in Azerbaijani society, and LGBTQIA+ individuals often face violence or ostracism from their families, especially in rural areas. LGBTQIA+ people have gained more visibility in recent years through social media, films, and interviews, and some celebrities have shown their support for LGBTQIA+ rights. However, the media in Azerbaijan has been criticized for spreading fear and hate towards queer people and using discriminatory language. According to a 2023 Gallup poll, Azerbaijan ranks 111th out of 124 regions as a "good place" for gay and lesbian people to live.

Political opposition

Azerbaijan is considered a one-party dominant state, with the New Azerbaijan Party (NAP) maintaining a tight grip on power through fraudulent votes. The country's politics have been dominated by the Aliyev family since 1969, and the current president, Ilham Aliyev, has been in power since 2003.

Opposition parties against the NAP are functioning but are widely seen as having no realistic chance of gaining power. They are frequently blocked from running in elections or boycott elections due to the undemocratic conduct of the elections. The NAP, led by President Aliyev, controls all the electoral commissions in Azerbaijan.

The government consistently and severely restricts freedom of peaceful assembly, and authorities respond to peaceful protests and assemblies by using force against or detaining protesters. For example, in June 2023, residents of the village of Soyudlu attempted to gather in opposition to the expansion of a nearby mining operation, but police in riot gear attempted to forcibly disperse the group.

Opposition members are generally more likely than other citizens to experience official harassment and arbitrary arrest and detention. Members of opposition political parties continue to be arrested, convicted, and sentenced to administrative detention for making social media posts critical of the government or participating in peaceful rallies. For instance, between September 18 and October 13, three members of the opposition Democracy and Prosperity Party were reportedly sentenced to 30 days of administrative arrest.

According to domestic NGOs, as of December 1, 2023, eight opposition party members were political detainees or prisoners, including Azerbaijan Democracy and Prosperity Party chairman Gubad İbadoglu and Azerbaijan Popular Front Party members Niyamaddin Ahmedov, Agil Humbatov, Shahin Hajiyev, Alizamin Salayev, Elkhan Aliyev, and Elnur Hasanov.

Opposition parties also face formal and informal financing obstacles. For example, authorities limit financial resources by punishing those who provide material support, firing members of opposition parties, and employing economic pressure on their family members. Family members of opposition politicians are also subject to harassment.

In addition, opposition parties have difficulty renting office space, as property owners fear official retaliation. Regional opposition party members often have to conceal the purpose of their gatherings and meet in teahouses and other remote locations.

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