Azerbaijan - Elections 2015
The Azerbaijani constitution provides for a republic with a presidential form of government. Legislative authority is vested in the Milli Mejlis. The president dominated the executive, legislative, and judicial branches of government. Polls closed November 01, 2015 in Azerbaijan's parliamentary elections boycotted by the mainstream opposition and widely expected to cement strongman President Ilham Aliyev's grip on power in the oil-rich Caspian Sea state. The opposition and international rights groups questioned the vote's legitimacy, accusing the government of jailing political opponents on trumped-up charges and limiting parties' ability to campaign. More than 700 candidates from 13 parties and one bloc stood for the 125-seat, single-house parliament to be elected for a five-year term.
Increased government restrictions on freedoms of expression, assembly, and association that were reflected in the intimidation, incarceration on questionable charges, and use of force against human rights defenders, activists, journalists, and some of their relatives. The operating space for activists and nongovernmental organizations (NGOs) remained severely constrained. Multiple sources reported a continuing crackdown on civil society, including intimidation, arrest, and conviction on charges widely considered politically motivated; criminal investigations into NGO activities; restrictive laws; and the freezing of bank accounts that rendered many groups unable to function.
Government used the judicial system to punish peaceful dissent. There were reports that authorities engaged in arbitrary arrest and detention and politically motivated imprisonment, conducted trials that lacked due process, and subjected individuals to lengthy pretrial detention with impunity. The number of defense lawyers willing and able to accept sensitive cases declined due to actions by authorities. Authorities released some individuals widely considered to be incarcerated for exercising their fundamental freedoms, and granted conditional humanitarian release to two such individuals.
NGO estimates of the number of political prisoners and detainees ranged from 22 to 93 during the year. NGO lists included individuals convicted during the year, many of whom Amnesty International considered prisoners of conscience. Police continued to intimidate, harass, and sometimes arrest family members of suspected criminals, independent journalists, political opposition members and leaders, as well as employees and leaders of certain NGOs.
While the law provides for freedom of speech and press and specifically prohibits press censorship, the government often did not respect these rights. The government limited freedom of speech and media independence. Journalists faced intimidation and at times were beaten and imprisoned. NGOs considered at least 13 journalists and bloggers to be political prisoners or detainees as of year’s end.
While the constitution allows for searches of residences only with a court order or in cases specifically provided for by law, authorities often conducted searches without warrants. It was widely reported that the Ministries of National Security and Internal Affairs monitored telephone and internet communications, particularly those of foreigners, youth figures active online, some political and business figures, and persons engaged in international communication.
A number of opposition and independent print and online media outlets expressed a wide variety of views on government policies. Newspaper circulation rates remained low, not surpassing 5,000 in most cases. Beginning in 2014, however, the government blocked the sale of newspapers in the metro and on the street, limiting sales to government approved kiosks. Credible reports indicated that opposition newspapers were available outside Baku only in limited numbers due to the refusal of a number of distributors to carry them. The government prohibited some state libraries from subscribing to opposition and independent newspapers, prevented state businesses from buying advertising in opposition newspapers, and pressured private businesses not to advertise in them. As a result paid advertising was largely absent in opposition media.
Independent local and international monitors that observed the 2015 election alleged a wide range of irregularities throughout the country, including blocking observers from entering polling stations, ballot stuffing, carousel voting, and voting by unregistered individuals; opposition monitors also alleged such irregularities. The country’s main opposition parties boycotted the election.
President Ilham Aliyev's New Azerbaijan Party (Yeni Azerbaijan) retained a clear majority in the 125-member National Assembly in the elections boycotted by the major opposition alliance, the National Council of Democratic Forces (NCDF). Ten other parties - most of which are reportedly loyal to the President - took a total of 11 seats. Azadliq-2015 (Freedom 2015), a seven-party opposition coalition, and two opposition parties represented in the outgoing legislature - Umid (Hope) and Justice - failed to win parliamentary representation. The head of the Azadliq-2015 election campaign, Mr. Panah Huseyn, rejected the election results. The Organization for Security and Co-operation in Europe (OSCE) did not observe the elections, citing government restrictions. Observers from the Parliamentary Assembly of the Council of Europe (PACE ) stated that despite some shortcomings, the 2015 elections marked a step towards free, fair and democratic elections.
The OSCE Office for Democratic Institutions and Human Rights (ODIHR) cancelled its observation of the November 2015 legislative elections when the government refused to accept ODIHR’s recommended number of election observers. Without ODIHR participation, it was impossible to assess properly the fairness of the elections. Independent local and international monitors who observed the election alleged a wide range of irregularities throughout the country, including blocking observers from entering polling stations, ballot stuffing, carousel voting, and voting by unregistered individuals; opposition monitors also alleged such irregularities. The country’s main opposition parties boycotted the election.
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