CAT/C/AZE/CO/4
other public officials, the number of complaints investigated by the State party, any
prosecutions brought forward and any resulting convictions and sentences;
(d)
Continue to provide the Committee with data on cases in which officials
have been subjected to disciplinary measures for failure to investigate complaints of
torture or ill-treatment adequately or for refusal to cooperate in investigating any
such complaints;
(e)
Ensure, in law and in practice, that every person has access to
independent and effective complaints mechanisms that will investigate and respond
promptly; that alleged perpetrators are prosecuted and, if they are found guilty,
receive sentences that are commensurate with the gravity of their acts; and that
victims are afforded appropriate redress.
Arbitrary imprisonment and ill-treatment of human rights defenders
10.
The Committee is deeply concerned about consistent and numerous allegations that
a number of human rights defenders have been arbitrarily deprived of their liberty,
subjected to ill-treatment and, in some cases, denied adequate medical treatment in
retaliation for their professional activities. Among those human rights defenders are Leyla
and Arif Yunus, Ilgar Mammadov, Intigam Aliyev, Mahamad Azizov, Rashadat Akhundov
and Rashad Hassanov. The Committee takes note of the fact that Mr.Yunus’ incarceration
had been replaced with house arrest. The Committee regrets the State party’s categorical
position that all the above allegations are unfounded, despite the existence of reports of the
United Nations, other international organizations and human rights mechanisms indicating
otherwise (see, for example, the joint statement of the Special Rapporteurs on the situation
of human rights defenders, on the rights to freedom of peaceful assembly and of
association, on the promotion and protection of the right to freedom of opinion and
expression, on the independence of judges and lawyers, on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health and of the ChairRapporteur of the Working Group on Arbitrary Detention of 20 August 2015 and the
judgement dated 22 May 2014 of the European Court of Human Rights concerning Ilgar
Mammadov v. Azerbaijan, application No. 15172/13). It is also concerned that full,
independent and effective investigations into these allegations and prosecutions of the
perpetrators have not taken place. Furthermore, the Committee is seriously concerned that,
following the 2009 and 2013 amendments made to the law on non-governmental
organizations and the amendments made to the law on grants and the code of administrative
offences, the implementation of projects without a registered grant agreement, as well as
the acceptance of donations, have been punished through the dissolution of nongovernmental organizations, the imposition of financial penalties, the freezing of assets and
the handing down of heavy prison sentences against the members of non-governmental
organizations (arts. 4, 12-13 and 16).
11.
The State party should:
(a)
Investigate promptly, thoroughly and impartially all allegations of
arbitrary arrest, denial of adequate medical treatment and torture or ill-treatment of
human rights defenders, including those listed above, prosecute and punish
appropriately those found guilty and provide victims with redress;
(b)
Release human rights defenders who have been deprived of their liberty
in retaliation for their human rights work;
(c)
Amend and bring into line with international standards its legislation to
facilitate the registration of human rights organizations and financial grants for the
work of such organizations and change its practice to ensure that all human rights
defenders are able to freely conduct their work.
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