After the recent presidential elections on 9 October 2013, Mr. Anar Mammadli, the Chairperson of the EMDSC, along with the Executive Director, Mr. Bashir Suleymanli, were interrogated on their election monitoring work and their acceptance of foreign funding. In addition, 31 October 2013, the premises of the Centre were subject to police search, including confiscation of materials, documents, and IT equipment.

The two Special Rapporteurs, in the above-mentioned communication, highlighted Azerbaijan’s international obligation to guarantee the freedoms of association and peaceful assembly for everyone, including human rights defenders. They further emphasized these freedoms could only be limited when necessary in a democratic society and prescribed by law and in exceptional circumstances. In this context, the two experts expressed their worries over allegations of a potential link between the unwarranted interrogations and investigations, and the legitimate human rights activities of the Centre, as well as the right to free association of its members.

The two experts in their communication also emphasized that States are obliged to refrain from inhibiting the functional autonomy of human rights defenders by not placing excessive reporting requirements, not discriminating against potential sources of foreign funding and not delegitimising the work of human rights defenders based on the acceptance of such funding.

The Special Rapporteurs inquired more information by the Azerbaijani Government on the accuracy of the allegations, the legal basis of the interrogations and confiscations, and the compatibility of these measures with international human rights norms and standards within sixty days. To date, no response has been given by the Government of Azerbaijan.

On the contrary, twenty days after the present communication was issued, on 16 December 2013, Mr. Mammadli was sentenced to three months of pre-trial detention on charges of tax evasion, illegal business activity, and abuse of authority, without having had a right to representation by a counsel of his own choosing, but only by one appointed by the court.

Moreover, on 6 March 2014, Nasimi District Court of Azerbaijan Republic, by the recommendation of the General Prosecutor’s Office, filed a solicitation to extend the period of preventive detention period of Mr. Anar Mammadli for another three months due to the prosecutor’s office inability to complete the investigation. Anar Mammadli’s arrest period was going to end on 16 March.

It should be noted that EMDSC declared that the pressure they faced and detention was politically reasoned because of the reports issued after the 2013 presidential elections. Several local and international organizations have called on the Azerbaijani Government to release Anar Mammadli. International human rights organization Amnesty International has recognized Mammadli “prisoner of conscience.”

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