Azerbaijan - Elections 2010
Azerbaijan is a republic with a population of approximately nine million and a presidential form of government. Legislative authority is vested in the Milli Majlis (National Assembly). In practice the president dominated the executive, legislative, and judicial branches of government. November 7 parliamentary elections did not meet a number of key standards of the Organization for Security and Cooperation in Europe (OSCE) for democratic elections. According to the final report of the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), election shortcomings included a deficient candidate registration process, limits on freedom of assembly and expression, a restrictive political environment, unbalanced media coverage of candidates, and problems in vote counting and tabulation.
The 125-member unicameral parliament was elected in November 2010 in an election that did not meet a number of international standards. Of the total, 70 elected parliamentarians are from the President's New Azerbaijan Party, 10 are from various other political parties that largely support the President, and 42 claim no party affiliation, but consistently vote with the ruling party. Traditional opposition parties Musavat and the Popular Front are not represented in parliament. The November 2010 parliamentary elections were marred by a deficient candidate registration process, limits on freedom of assembly and expression, a restrictive political environment, unbalanced media coverage of candidates, and problems in vote counting and tabulation.
Restrictions on freedom of expression, assembly, and association impaired political party activities and significantly limited citizens' right to change their government through peaceful elections. There were reports that torture and beating of persons in police and military custody resulted in at least seven deaths, and law enforcement officials acted with impunity. Prison conditions were generally harsh and in some cases life threatening. Arbitrary arrest and detention, particularly of individuals considered by the government to be political opponents, and lengthy pretrial detention continued. The government continued to imprison persons for political reasons, although authorities released some of these individuals during the year. Pervasive corruption, including in the judiciary and law enforcement, continued. Restrictions and pressure on the media and restrictions on political participation worsened. The government continued to restrict religious freedom in some cases.
The constitution and criminal code prohibit such practices and provide for penalties of up to 10 years' imprisonment; however, there were credible reports that security forces beat detainees to extract confessions and that military personnel physically abused subordinates. During the year domestic human rights monitors reported that 169 persons were tortured in custody by security forces. There were reports that at least seven of these individuals subsequently died.
The law states that persons who are detained, arrested, or accused of a crime should be advised immediately of their rights and the reason for their arrest and accorded due process; however, the government did not respect these provisions in practice. Arbitrary arrest, often based on spurious charges of resisting the police, remained a problem throughout the year. The law allows police to detain and question individuals for 48 hours without a warrant; in practice police detained individuals for several days, sometimes weeks, without a warrant. In other instances judges issued ex post facto warrants.
Local NGOs maintained that the government continued to hold political prisoners, although estimates of the number varied. During the year the government released between 11 and 14 individuals whose imprisonments were considered to have been politically motivated, including six journalists and two bloggers and youth activists. At year's end, NGO activists maintained that the government held between 20 and 46 political prisoners.
A number of opposition and independent media outlets operated during the year. The print media expressed a wide variety of views on government policies, although objective, professional reporting was rare. The broadcast media adhered almost exclusively to a progovernment line in their news coverage. Most print outlets in the country were organs of the ruling party, opposition parties, or were thought to be connected to prominent government officials. A number of opposition and independent media outlets operated during the year. The print media expressed a wide variety of views on government policies, although objective, professional reporting was rare. The broadcast media adhered almost exclusively to a progovernment line in their news coverage. Most print outlets in the country were organs of the ruling party, opposition parties, or were thought to be connected to prominent government officials.
The law provides for freedom of association, although in practice the government's restriction of this right tightened during the year. A number of provisions allow the government to regulate the activities of political parties, religious groups, businesses, and NGOs, including a requirement that all organizations register either with the Justice Ministry or the State Committee on Work with Religious Associations.
In June the Milli Majlis amended the election code with little public debate. Some of the amendments partially addressed concerns raised by the Council of Europe and the OSCE. However, other provisions further shortened the overall election period and the election campaign phase and eliminated limited state funding for candidates. The structure of election commissions at all levels--a longstanding problem--was not made more balanced by the amendments, and concerns remained over the eligibility of candidates, complaints, appeals procedures, and the equality of the vote.
In the run-up to the November parliamentary elections, the government limited opposition parties' right to assemble by insisting that such demonstrations and candidate meetings with voters take place far from the center of Baku, often in places difficult to reach via public transportation.
Opposition parties and local NGOs reported widespread interference in the candidate registration process. Election officials registered nearly 100 percent of the ruling Yeni Azerbaijan Party candidates, but only 30–40 percent of opposition party candidates. Media monitors concluded that news coverage favoring the ruling Yeni Azerbaijan Party, combined with restrictive interpretations of public assembly laws, created an unlevel playing field for candidates during the official campaign period and exposed citizens to no meaningful political debate. The Central Election Commission (CEC) organized televised roundtables for all candidates, granting each candidate four minutes to present his or her platform and political views.
Authorities accredited a large number of international and domestic observers; however, officials individually registered monitors from EMDS, one of the country's largest domestic observer organizations, and reportedly refused to accredit 40 EMDS monitors without providing a just cause. Although international observers saw domestic monitors in over half of the polling stations visited, precinct election commissions hindered independent domestic and international monitoring. EMDS reported that its observers encountered pressure from local authorities on election day and afterwards, despite a November 6 appeal from the EMDS chairman to the CEC chairman.
International observers negatively rated 11 percent of voting procedures and 32 percent of vote counts in observed polling stations. They found the vote tabulation process insufficiently transparent and frequently inconsistent with procedures. The OSCE final election report also concluded that the CEC and courts generally did not respect due process in reviewing post-election complaints and appeals .The Constitutional Court confirmed the CEC's final election results while cases were still pending and before all legal deadlines for appeals had expired. According to the CEC, voter turnout was just under 50 percent, although most independent observers placed the figure at approximately 20 percent.
One day before the November 7 parliamentary elections, Sakhavat Aliyev (candidate for opposition party Musavat) showed to OSCE long term observers a copy of an unsigned, but otherwise completed, protocol of election results for precinct #3 in his district (Sharur #2), which Radio Liberty's Web site later reported on. After it was reported, his family received four threatening telephone calls, and on November 14, the police detained Sakhavat's younger brother Sabit for seven days without charge. Sabit had served as one of Sakhavat's election observers. On December 10, in the Nakhchivan village of Pusyan, police officers severely beat other Aliyev family members, including Sakhavat's brother, Chapay Aliyev, who sustained a head injury. Police also beat five other members of the family: two female cousins, his sister, and his brother-in-law. During the same incursion, police bulldozed the family shop. The local hospital refused treatment of one of the women who sought help. Ambulances refused to pick up victims. Taxi drivers refused to transport victims to the hospital. Local NGOs reported a police cordon around the village. On or about December 25, the police dissolved the cordon, but at year's end, Chapay Aliyev had still not received medical attention.
In 2011, several political protests calling for democratic reform and the government's resignation were forcefully dispersed and 15 protesters were sentenced to 18 months to three years of incarceration for their participation in such protests. Applications to hold protests in Baku were repeatedly denied throughout the year. Local NGOs have reported forced evictions on dubious eminent domain grounds, inadequate compensation, and unclear property registration regulations. Restrictions on the freedom of religion also remain a problem. Corruption remains pervasive in all aspects of society.
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