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Recommendations

Human Rights Watch calls on the government of Azerbaijan to conduct impartial and thorough investigations into all reports of irregularities that occurred on election day, and to take corrective steps. This process should not be limited to a few high profile cases, as at present. Those responsible for abuses during the pre-election period and on election day should be held accountable. The international community should insist that the government take these steps.

We also call on the government to implement, in a timely manner, a series of reforms to ensure that the election in 2008 will be free and fair. We call on the U.S., E.U., OSCE, and Council of Europe to work with Azerbaijan to implement the following benchmarks, within a regulated timeframe:

Freedom of Assembly and Other Political Rights

–   Amend the Law on Freedom of Assembly so that the authorities’ possibilities to restrict the time and place of public gatherings are in accordance with international standards;

– End the practice of intimidating opposition activists in the regions against traveling to Baku to attend rallies;

– Thoroughly and impartially investigate the police use of disproportionate force and other abuses when dispersing unauthorized rallies;

– Investigate the role of local government authorities and police in interfering in the election campaign process, and hold accountable all officials found to have abused their powers, including the police use of administrative detention as a means of harassing opposition supporters;

– End the practice of administrative detention, which is used as a means to harass and intimidate opposition supporters, and amend the Administrative Code to this effect;

– Promptly bring to trial according to international standards those accused of attempting a coup d’etat, and ensure that the trials are open so they can be monitored by international experts. If they are not brought to trial, they should be released.

Election Day Redress

– Thoroughly and impartially investigate all complaints of election fraud or falsification, hold accountable officials found responsible, and take appropriate remedial steps to ensure that the election in relevant districts properly reflects the will of the voters;

– Amend the Election Code and other relevant legislation to change the composition of the Central Election Commission and lower-level commissions to end the government control of these bodies, in line with OSCE recommendations following the October 2003 presidential election in Azerbaijan.

Media Diversity and Freedoms

- Set up a parliamentary commission or other body to investigate informal censorship. The body should work with the OSCE Special Representative on Freedom of the Media to produce a program of action to improve press freedom in the country;

- Ensure that the public television station is genuinely independent, in accordance with Azerbaijan’s commitments and obligations stemming from membership in the Council of Europe;

- Create a new broadcast licensing system that has an independent decision-making body, a transparent process, and clear criteria for issuing broadcasting licenses.