The European Parliament,

-   having regard to the European Parliament resolution and recommendation to the Council on EU policy towards the South Caucasus from 2003 (1),

-   having regard to the Partnership and Cooperation Agreement with Azerbaijan of July 1999,

–   having regard, in particular, to the European Parliament resolution of 20 November 2003 on Wider Europe – Neighbourhoodhttp://www2.europarl.ep.ec/omk/sipade2?PUBREF=-//EP//TEXT+TA+P5-TA-2004-0122+0+DOC+XML+V0//EN&L=EN&LEVEL=3&NAV=S&LSTDOC=Y (2),

–  having regard to the European Parliament resolution on the communication from the Commission to the Council and the European Parliament on the European Union's relations with the South Caucasus, under the partnership and cooperation agreements from 1999 (3),

-  having regard to the Conclusions of the General Affairs and External Relations Council of the EU from 25 and 26 April 2005 and the Declaration by the Presidency of the European Union on the events in Baku from 24 May 2005,

-  having regard to the OSCE’s report on trial monitoring in Azerbaijan from 4 February 2005,

-  having regard to the multiple resolutions by the Parliamentary Assembly of the Council of Europe on the situation in Azerbaijan (4),

-  having regard to Rule 115(5) of its Rules of Procedure,

A.  whereas parliamentary elections in Azerbaijan are expected to take place in November 2005,

B.  whereas Azeri President Ilham Aliyev’s decree from May 2005 on improving the practice of elections in Azerbaijan means an appropriate step aiming the prevention of possible violations of the electoral law by the executive authorities,

C.  whereas the European Union welcomed the presidential decree releasing prisoners in Azerbaijan, of whom more than 50 were designated as "political prisoners" by Council of Europe experts in March 2005,

D.  whereas the EU representatives have expressed their concern about the detention of protesters and opposition leaders while exercising their freedom to assemble, the essential freedom in a democratic society, and express their political opinions,

E.  whereas the conclusions of the OSCE´s report on trial monitoring in Azerbaijan show that, in some important respects, trials fell well short of Azerbaijan's existing legal requirements and its international commitments on human rights and rule of law,

1.  Regrets the decision taken by the Mayor of Baku to cancel the opposition’s rally

called for 21 May 2005 in the Azerbaijan capital and expresses concern about the arrest of representatives of the opposition;

2.  Deplores the restrictions imposed on freedom of assembly when exercised by opposition political parties and underlines the importance of fundamental freedom of assembly, particularly in view of the forthcoming legislative elections in November 2005;

3.  Appeals to the Azeri authorities, requesting them to act in such a way that freedom of assembly is restored in accordance with the presidential decree of 12 May 2005, which ordered the local administration to authorise political rallies and to find the appropriate places for them to be held;

4.  Calls on the Azeri authorities to protect the personal safety and the professional integrity of journalists who are performing their professional duties and stresses the importance of the independent press for democracy;

5.  Urges Azerbaijan to secure the independence of justice and to guarantee the inherent, and inalienable fundamental rights of persons under detention and to fulfil all obligations resulting from the Council of Europe conventions and calls on the authorities to take steps to remedy deficiencies observed in trials and to investigate all allegations of mental pressure, torture and ill-treatment;

6.  Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States, the President, the Government and Parliament of Azerbaijan and the Parliamentary Assemblies of the OSCE and the Council of Europe.

(1) 2003/2225(INI))

(2) P5_TA(2003)0520

(3) (COM(1999) 272 – C5-0116/1999 – 1999/2119(COS))

(4) http://assembly.coe.int/Mainf.asp?link=http://assembly.coe.int/Documents/AdoptedText/ta04/ERES1358.htmResolution 1358 (2004), Resolution 1398 (2004)