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 27 February 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 24 April 2025.
At the time of publication, Anar Mammadli remains in pre-trial detention and the investigation is ongoing.
This is a shorter version of the original communication.
BACKGROUND
Topic: the ongoing prosecution and detention of Mr. Anar Mammadli; the alleged deterioration of his health; the alleged lack of access to adequate healthcare, exercise, and nutrition; as well as the alleged lack of progress in providing a remedy and reparations for previous violations of his rights.
Mr. Anar Mammadli is a prominent Azerbaijani human rights defender. He is the chairman of the Election Monitoring and Democracy Studies Center (EMDSC), a non-governmental organization that conducts independent election monitoring and promotes civil and political rights in Azerbaijan.
We previously wrote to the Government of Azerbaijan regarding the targeting of the EMDSC in 2013 (AL AZE 5/2013) and the criminal charges against Mr. Mammadli in 2014 (AL AZE 2/2014). We also wrote to the Government of Azerbaijan in 2024 (AL AZE 2/2024) regarding Mr. Mammadli’s prosecution and detention, searches, alleged due process violations, smear campaign against him, and the lack of an effective remedy for previous violations of his rights.
ALLEGATIONS
Charges and continued detention
The charges against Mr. Mammadli have been expanded to include violations of articles 193-1.2.1 (legalisation of criminally obtained property by a group in prior collusion), 193-1.3.2 (legalisation of criminally obtained property in a significant amount), 206.3.1 (repeated smuggling), and 206.3.2 (smuggling by a group in prior collusion) of the Criminal Code. If convicted, he reportedly faces seven to 12 years in prison.
Mr. Mammadli remains at the Baku Detention Centre (also known as Baku Investigation Isolator). On 22 August 2024, the Khatai District Court in Baku extended his detention until 27 November 2024. On 20 November 2024, it extended the detention again until 27 February 2025, rejecting a motion for house arrest. The rulings were based on generic references to the nature of the charges, public danger, and alleged high risks of obstructing or evading investigation. The court allegedly failed to conduct an individualized assessment, substantiate it with evidence, and fully consider the defence’s arguments. The Baku Court of Appeal upheld the decisions on 28 August 2024 and 26 November 2024. The courts allegedly relied on prosecution materials without granting the defence access to them.
Delay in execution of the Mammadli v. Azerbaijan judgement
We note the information provided in the Government of Azerbaijan’s response dated 14 August 2024 regarding the Plenum of the Supreme Court’s ongoing review of Mr. Mammadli’s previous criminal case, in accordance with the European Court of Human Rights’ ruling in Mammadli v. Azerbaijan (application No. 47145/14), dated 19 April 2018, which identified violations of his rights. We also note the clarification that the current investigation is unrelated to that ruling. However, we subsequently received information suggesting a lack of progress with the review and the prosecuting authorities’ treatment of Mr. Mammadli’s prior conviction as an aggravating factor, potentially leading to a harsher punishment in the ongoing criminal case.
Health condition and access to adequate healthcare
According to the information received, Mr. Mammadli has been suffering from several chronic conditions since before his arrest, including, among others: [REDACTED] These conditions allegedly require consistent medical attention and specialised treatment, as well as specific diet, special bedding, and exercise.
He was provided with some medical examinations and tests on 1 May, 12 July, and 26 July 2024. However, the examination on 1 May was general, conducted routinely for all detainees, and did not address Mr. Mammadli’s specific conditions. The ultrasound on 12 July – which additionally revealed [REDACTED] – and the blood test on 26 July were reportedly inadequate to assess his health complaints.
Following his arrest in April 2024, and especially since September 2024, Mr. Mammadli’s health has reportedly significantly deteriorated. He and his lawyers allegedly raised this with the authorities in September, and on 7 October 2024, submitted a formal request for a medical examination by specialists in a private clinic. It was addressed to the Medical Department of the Ministry of Justice, the Minister of Justice, the Minister of Internal Affairs, the Head of the Baku Detention Centre, the Head of the Investigation Department of the Baku City Main Police Department, the Baku City Prosecutor, and the Commissioner for Human Rights (Ombudsman).
On 16 October 2024, Mr. Mammadli’s lawyers publicised the lack of response to his requests. Following media attention, Mr. Mammadli was examined by the detention centre doctors between 17 and 20 October 2024. However, according to the information received, he was only given a blood test and an ultrasound, without a comprehensive examination or access to specialists, the doctors involved lacked expertise in treating his conditions, and they did not provide him with the examination results.
On 23 October 2024, the lawyers appealed the failure to provide the requested medical examination. On 16 November 2024, the Khatai District Court dismissed their appeal citing the detention centre’s position that a medical examination was not needed, without considering any other evidence, such as the results of examination in October, and on 27 November 2024 the Baku Court of Appeal upheld the decision on the same grounds.
On 25 November 2024, the lawyers received a letter from the Medical Department of the Ministry of Justice stating that Mr. Mammadli’s condition was satisfactory and he had access to qualified doctors in detention, which was allegedly not true. The examination results have allegedly not been provided to Mr. Mammadli or his lawyers.
In addition to pain suffered by Mr. Mammadli and other symptoms outlined above, the delay in providing the appropriate medical examination and treatment is allegedly causing serious and irreversible harm to his health.
Access to adequate diet and exercise
In the Government’s reply dated 14 August 2024, it stated that Mr. Mammadli was provided with daily outdoor exercise of not less than two hours and engagement in sports. However, subsequent information indicates that such access in allegedly not available to detainees in his detention facility. We also thank the Government for confirming that Mr. Mammadli receives free meals. However, subsequent information indicates that these meals do not comply with his dietary requirements.
CONCERNS
In the communication, we express our deep concern about the alleged lack of access to adequate healthcare, exercise, and nutrition for Mr. Mammadli, which are reportedly causing pain and suffering and irreversible harm to his health.
We also reiterate our serious concern that the ongoing prosecution and detention of Mr. Mammadli appear to be linked to his legitimate human rights and election observation activities and the exercise of the right to freedom of expression and might constitute acts of intimidation and reprisals for engaging with the United Nations, its representatives and mechanisms in the field of human rights. Furthermore, we are concerned that Mr. Mammadli is allegedly facing a long-term prison sentence and that decisions regarding the extension of his detention appear to be formalistic, without an objective assessment of the circumstances. The allegations that the defence is denied access to materials used in court proceedings raises significant concerns about the fairness of the trial.
Finally, we remain concerned that there has reportedly been no progress in reviewing Mr. Mammadli’s previous criminal case, in accordance with the European Court of Human Rights’ ruling in Mammadli v. Azerbaijan, which identified violations of his rights, and that his prior conviction may allegedly serve as an aggravating circumstance in ongoing criminal proceedings.
In this context, we strongly reiterate our grave concern about the chilling effect on human rights defenders and those exercising their right to freedom of expression in Azerbaijan.
