The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Azerbaijan on 16 May 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 15 July 2024.
Since the communication was sent, HRDs have remained in detention and their criminal prosecution continued.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged arbitrary detention and criminalization of human rights defenders Mr. Ulvi Hasanli, Ms. Sevinj Abbasova, Ms. Nargiz Absalamova, Mr. Hafiz Babali, and Ms. Elnara Gasimova, reportedly in connection with their legitimate human rights work against corruption and the exercise of the freedom of expression.
Mr. Ulvi Hasanli is a human rights defender and journalist. He has been the director of Abzas Media, an online media outlet dedicated to human rights issues and investigating corruption in Azerbaijan, since co-founding it in 2016.
Ms. Sevinj Abbasova is a woman human rights defender and journalist known under the pseudonym Sevinj Vagifgizi. She has been serving as the editor-in-chief of Abzas Media since 2022 and has previously covered human rights and social issues in Azerbaijan for other media outlets.
Ms. Nargiz Absalamova and Ms. Elnara Gasimova are women human rights defenders and journalists at Abzas Media.
Mr. Hafiz Babali is a human rights defender and freelance investigative journalist who writes about corruption. He has published some investigations in Abzas Media.
ALLEGATIONS
On 20 November 2023, at around 4.30 a.m., plainclothes police officers arrested Mr. Ulvi Hasanli on his way to Baku Airport and took him to the Baku City Police Department. They reportedly had a warrant for his arrest. During the arrest, he was punched in the eye. His whereabouts reportedly remained unknown until 11 am. At the Baku City Police Department, he was interrogated, primarily in relation to investigations into alleged corruption by state authorities. During the interrogation, he was punched and kicked. His lawyer filed a complaint regarding his ill-treatment, but it yielded no outcome.
On the same day, the police searched his home and reportedly seized a computer, cell phone, iWatch, and hard drive. The decision of the Binagadi District Court in Baku authorizing the search was allegedly unjustified, yet reportedly, the Baku Court of Appeal dismissed the appeal. The police also searched the office of his media outlet, reportedly seizing a microphone and hard drive, as well as EUR 40 000 in cash, which had allegedly been planted in the hallway. It is unclear whether they had a warrant. After the search, the police changed the locks to the office, denying the media outlet’s staff access to it.
On 21 November 2023, at 1.30 a.m., law enforcement officers arrested Ms. Sevinj Abbasova at Baku Airport upon her return from a work trip abroad. It is unclear whether they had a warrant. She was reportedly assaulted during the interrogation. On the same day, the police searched her home. It is unclear whether they had a warrant.
On 21 November 2023, the Khatai District Court in Baku placed Mr. Ulvi Hasanli and Ms. Sevinj Abbasova in pre-trial detention for four months. On 27 November 2023, Mr. Hasanli’s and Ms. Abbasova’s detention was upheld by the Baku Court of Appeal. On 14 March 2024, the Khatai District Court reportedly extended their detention by three months.
On 25-26 November 2023, reports in Azerbaijani state and pro-government media used materials allegedly leaked from authorities’ investigation to accuse the media outlet’s staff of illegally bringing undeclared grants from foreign donor organizations into the country.
In a statement no. 678/23, titled “Press information on the summoning of the US and German temporary charge d’affaires in our country, the French ambassador to the Ministry of Foreign Affairs,” Azerbaijan’s Ministry of Foreign Affairs condemned the alleged illegal funding of the media outlet by the embassies of the United States, Germany, and France, as well as organizations registered in these countries. According to the unofficial translation of the statement provided to us, it specified that “financing of the local media subject by natural or legal persons of foreign countries, as well as by state institutions of foreign countries, is not allowed” and “grant agreements are required to be state registered in accordance with the relevant procedure.” The embassies of the mentioned countries in Azerbaijan reportedly rejected the accusations.
On 30 November 2023, at approximately 3 p.m., Ms. Nargiz Absalamova was arrested in Baku. Reportedly, there was a warrant for her arrest. Ms. Absalamova reportedly could not contact her family, and her whereabouts remained unknown until the next morning. Her lawyer allegedly joined her defense on 1 December 2023. Before that, she was reportedly represented by a state-appointed lawyer. On 1 December 2023, the Khatai District Court placed her in pre-trial detention for three months. On 9 December, the Baku Court of Appeal allegedly upheld the detention. On 24 February 2024, the Khatai District Court allegedly extended her detention term for another three months until 29 May 2024. On 1 March 2024, the Baku Court of Appeal allegedly upheld the extension.
On 13 December 2023, police arrested Mr. Hafiz Babali at a railway station in Baku. It is unclear whether they had a warrant. On the same day, they searched his home in Sumgayit and seized his computer, cell phone, and some documents. There was reportedly a warrant for the search. On 14 December 2023, he was placed in pre-trial detention for three months. On 20 December 2023, the Baku Court of Appeal upheld the detention. On 7 March 2024, the Khatai District Court extended his detention for another three months until 13 June 2024. On 15 March 2024, the Baku Court of Appeal upheld the extension.
On 13 January 2024, Ms. Elnara Gasimova was arrested. Reportedly, there was a warrant for her arrest. On 15 January 2024, the Khatai District Court placed her in pre-trial detention for two and a half months. On 19 January 2024, the Baku Court of Appeal upheld the detention. On 7 March 2024, the Khatai District Court extended her detention for another three months until 13 June 2024. The Baku Court of Appeal upheld the extension.
Mr. Hasanli, Ms. Abbasova, Ms. Absalamova, Mr. Babali, and Ms. Gasimova were all initially arrested as suspects, and within 24 hours, formally accused of smuggling money by a group of persons by prior conspiracy under article 206.3.2 of the Criminal Code of Azerbaijan. The punishment under this article ranges from five to eight years’ imprisonment. All human rights defenders have reportedly denied the accusations. Their criminal case is allegedly a retaliation for their media outlet’s anti-corruption investigations and human rights reporting.
From their arrests until 19 February 2024, Mr. Hasanli, Ms. Abbasova, Ms. Absalamova, and Ms. Gasimova had restrictions placed on their meetings and phone calls with their families.
On 11 December 2023, it was reported that officers at Baku Pretrial Detention Center No. 1 threatened Mr. Ulvi Hasanli that if he did not cease complaining about the violations of his rights, he would “suffer” and be transferred to a cell with “homosexuals.”
The detention center administration prohibits phone calls of Mr. Hasanli, Ms. Abbasova, Ms. Absalamova, and Ms. Gasimova with their lawyers. The court complaint filed in this issue was dismissed. Additionally, on 1 February 2024, officers at Baku Pretrial Detention Center No. 1 inspected the notes of Ms. Elnara Gasimova’s lawyer after her meeting with the client. On 1 March 2024, the penitentiary service officers did not allow Ms. Nargiz Absalamova to communicate with her lawyer in the courtroom and discuss the position before the hearing.
Finally, authorities have frozen the bank accounts of Mr. Ulvi Hasanli, Ms. Sevinj Abbasova, Mr. Hafiz Babali, Mr. Ulvi Hasanli’s wife, sister, and mother, as well as Ms. Sevinj Abbasova’s mother, barring them from accessing their salaries, pensions, and other financial assets. There are reportedly no legal grounds for freezing the assets of family members, as they are not suspects in legal proceedings, and there are no questions regarding the legitimacy of their funds.
CONCERNS
In the communication, we express our utmost concern at the criminalization of the human rights defenders mentioned above, allegedly for their legitimate human rights work against corruption and the exercise of the freedom of expression. We are alarmed about their alleged arbitrary arrests and detentions, as well as the alleged home and office searches and seizure of electronic devices and documents that could potentially contain information on journalistic sources. We express particular concern about the chilling message the harassment and alleged arbitrary arrests and detentions send to all those wishing to express critical views, possibly leading to self-censorship.
We are also gravely concerned about the alleged ill-treatment of Mr. Hasanli and Ms. Abbasova, as well as the allegations that Mr. Hasanli and Ms. Absalamova were subjected to enforced disappearance in the initial stages of their deprivation of liberty. We are concerned about the alleged restrictions on some human rights defenders’ ability to meet or communicate with their families, which appear to be intended to further increase pressure on them. We are also concerned about the alleged unlawful freezing of bank accounts belonging to the family members of Mr. Hasanli and Ms. Abbasova.
In relation to legal representation, we are concerned about the allegedly limited access most human rights defenders have to lawyers, as well as the reported incident where detention center officers examined confidential notes belonging to Ms. Elnara Gasimova’s lawyer.
Finally, we are concerned about the alleged smear campaign, which appears to be aimed at discrediting human rights defenders’ anticorruption work.
We note with concern that all this might have a chilling effect on human rights defenders and journalists in Azerbaijan, especially those working against corruption, discouraging them from exercising their rights.
