PACE Monitoring Committe produced a fairly balanced document-Fuad Alasgarov

The session of the PACE Monitoring Committee which discussed a document on Azerbaijan was held as part of the spring session of PACE on 23-24 April. Could you please give us the information about the document?

At that meeting the Monitoring Committee discussed the information report on the implementation of commitments to the Council of Europe by Azerbaijan. This document was prepared by the co-rapporteurs of the Monitoring Committee by results of their visit to our country in January-February of this year. The report is expected for adoption at the next committee meeting.

During the visit, the corapporteurs met with the representatives of various government agencies, nongovernmental organizations and political parties. They also visited a settlement for refugees and internally displaced persons and one of the penitentiary facilities.

I have to note that in the adopted document, the co-rapporteurs underlined the excellent level of cooperation with the authorities of Azerbaijan and the Milli Majlis delegation in PACE, which once again confirms our openness and political will to cooperate.

In their report, the co-rapporteurs stressed a number of achievements related to the development of democratic institutions. For example, they were positive on the adoption of the National Programme of Action on improving the protection of the rights and freedoms in Azerbaijan Republic, approved by Presidential Order on 27 December 2011. The co-rapporteurs stressed that the National Programme of Action provides for the adoption of the law "On ensuring the rights of persons held in detention places", measures designed to investigate violations of the rights of these individuals, the appropriate training for law enforcement officers and judges.

What else does the National Programme of Action envisage?

The National Action Programme is a conceptual and large-scale document which is part of a series of measures implemented to protect human rights in our country. The program includes both improving the legislative framework and specific measures aimed at ensuring better protection of the rights of certain groups.

The program covers such items as a continuation of the process of country’s joining the international instruments on human rights, development and acceptance of a new legislation regulating various aspects of society with respect to human rights and liberties. The program also provides for strengthening the fight against corruption, increase transparency in activity of state bodies, the further development of the sector of electronic services provided by public authorities to the population, and many other practical measures. The program envisages implementation of various educational, scientific and practical activities in the field of human rights, including cooperation with international organizations.

Let’s get back to the information report of the co-rapporteurs. What other positive moments were fixed in this document?

PACE co-rapporteurs welcomed the decline of the minimum required number of members of a political party from 5000 to 1000 in the latest version of the draft amendments to the law "On political parties". I have to note that other international organizations also believe that the new law "On political" parties goes in line with international standards.

The co-rapporteurs also particularly welcomed the orders of the President of the Azerbaijan Republic on pardoning, signed on 26 December 2011 and 15 March 2012, noting that these orders pardoned and released Jabbar Savalan, Ruslan Bashirli, Elnur Israfilov and other persons whose cases were on the agenda of some NGOs . They also welcomed the fact that the court released Elshan Hasanov conditionally and noted that currently the courts are considering the parole of two participants in the April 2011 riots - Elnur Mejidli and Arif Alyshly, whose names are specified in the lists of a number of public organizations.

In respect to other prisoners from the lists of NGOs, the co-rapporteurs expressed their conviction that their cases should be resolved within the framework of the monitoring procedure based on the establishment of a political dialogue. In this case the co-rapporteurs noted that non-governmental organizations have not reached a consensus with respect to their various lists compiled of prisoners, and that the lack of clear criteria or internationally accepted definition for these individuals also hinders an agreement on this issue.

In this regard, I have to note that the issue of criteria, or rather their absence is directly related to the problem of the so-called "political prisoners" and the activity of the PACE rapporteur on the issue Christoph Strasser.

Over long years Azerbaijan has been consistent in its position that lies in the fact that before preparing a report for any country it is essential to develop clear criteria for the definition of the term of a "political prisoner", which would be applicable to all member countries of the Council of Europe, not just to one particular state. We believe that any other approach is unacceptable because it would mean the existence of double standards in the Council of Europe. This position is shared by many members of PACE, experts in international law and representatives of local and international non-governmental organizations. Meanwhile, the position of rapporteur Strasser, who seeks to prepare a report on Azerbaijan by all means in the absence of an internationally accepted definition of a "political prisoner" is unfounded and cannot but cast a doubt on his impartiality with respect to our country.

What else do the co-rapporteurs pay attention to in their report?

In their information report, the co-rapporteurs welcomed the two rallies of opposition groups, held on 17 March and 8 April in Baku. The document states that the rallies were agreed with the executive power and passed without a serious incident.

I have to note that another rally, which was also consistent with the Executive Power of Baku city and took part in the place designated by the law, was also held on 22 April. These rallies were another indication that the right for freedom of assembly causes no problem when it is implemented in accordance with the law.

It is the right of every person to hold meetings, rallies, demonstrations, enshrined in Article 49 of the Constitution with the prior notification to the state bodies. The exercise of this right is regulated by the Law "On freedom of assembly." I recall that in the recent past, the provisions of this Act have been improved, the draft amendments have been sent for examination to the Venice Commission of the Council of Europe, which in its final conclusion stated that the new law goes fully in line with European standards.

However, going back to the recent rallies it should be noted that they again demonstrated non-constructive, demagogic nature of the radical opposition, its absolute failure. The so-called leaders of the opposition voiced no reasonable offer to resolve the issues that they raise. In fact, they did not voice any suggestions. There were only offensive and populist slogans and appeals. No one was ever able to understand their program, which apparently does not exist. Their only tactic is a total criticism of the authorities, their activities are not attractive and they are unable to attract any significant number of people - they are more like "get-together for a narrow circle of people". It is obvious that no serious political force can be based on a negative foundation, without offering any programs and solutions. History, including the history of the most radical opposition, has repeatedly reaffirmed this simple fact.

What is the attitude of PACE co-rapporteurs to the situation in the sphere of media in Azerbaijan?

The information report of PACE fixes that currently Azerbaijan accounts for over 4700 different media, including 40 dailies and over 200 weekly or monthly newspapers and 50 news agencies, many nationwide, regional, and cable TV channels, more than 30 Internet providers that face no pressure in their activity.

In their document the co-rapporteurs also touched upon the incident with the publication of a video featuring journalist Khadija Ismayilova. They noted that the government also condemned the publication of this video and that the General Prosecutor's Office instituted criminal proceedings on the complaint of the journalist.

How does the investigation of this case proceed?

The investigation is still ongoing, so it is too early to draw final conclusions or opinions. As part of the investigation numerous witnesses were interrogated, inspection of the apartment was conducted, a number of physical evidence was confiscated, and persons residing in or visiting the apartment were defined, the information was obtained about the place from which the letter was sent to Khadija Ismayilova and other investigative actions were carried out.

However, I have to repeat that the investigation on the case is still ongoing and we need to wait for the results.

Most international nongovernmental organizations raise the issue of demolition of houses in Baku. Did the co-rapporteurs touch upon this issue in their report?

During their visit to Azerbaijan the co-rapporteurs discussed the demolition of buildings as part of the works for the improvement of the center of Baku, and, accordingly, it is reflected in their report. The document says that most people were satisfied with the amount of compensation offered, but some were unhappy either with the amount or the proposed apartments. The document notes that in some cases these individuals asked for compensation in excess of the cost of housing in the most expensive buildings in the city center, though in most cases these were very old buildings. The report does not exclude the possibility that some human rights activists, in particular, Leyla Yunus, made excessive claims and subsequent complaints for organizing provocations in order to attract international support.

Overall, the facts prove the version of the provocation. Thus, in the course of the work on improvement, new apartments were given to some thousands of people. Individuals whose homes were subject to demolition were offered the highest cash compensation, which reached $ 2,000 per square meter. However, only a few dozens of cases related to the demolition of houses were viewed on the basis of people’s complaints to courts. These figures suggest that the extent of discontent is artificially inflated. A significant increase in this campaign is recently accompanied by various provocative insinuations in the foreign media, such as articles in the German "Der Spiegel". The position of these media cannot be called otherwise than politically engaged.

The slogans and speeches at the recent meetings of the radical opposition have also demonstrated an artificial politicization of the issue. It is difficult to come to a different conclusion when, for example, an old and seemingly not very balanced woman states from the tribune that she will refuse compensation even if she is offered a large sum. It is obvious that these words were simply attached to her mouth for political purposes and there is no other reason which would make it possible to explain the refusal of a person to move out of dilapidated housing even "for a million dollars."

In conclusion, I want to ask about your opinion about the document prepared by the co-rapporteurs?

I think that the speakers produced a fairly balanced document that reflects the dynamics of development of democratic institutions in our country. It is this attitude that we expect from the Council of Europe and from all other international organizations.