MOTION FOR A RESOLUTION on Azerbaijan: the case of Ilgar Mammadov
11.6.2013 - (2013/2668(RSP))
pursuant to Rule 122 of the Rules of Procedure
Marietje Schaake, Annemie Neyts-Uyttebroeck, Leonidas Donskis, Alexander Graf Lambsdorff, Sarah Ludford, Johannes Cornelis van Baalen, Gerben-Jan Gerbrandy, Robert Rochefort, Jelko Kacin, Izaskun Bilbao Barandica, Marielle de Sarnez, Ramon Tremosa i Balcells, on behalf of the ALDE Group
See also joint motion for a resolution RC-B7-0289/2013
B7‑0293/2013
European Parliament resolution on Azerbaijan: the case of Ilgar Mammadov
The European Parliament,
- having regard to its previous resolutions on the situation in Azerbaijan, in particular those concerning human rights and rule of law,
- having regard to the joint statement of 9 February 2013 by EU High Representative Catherine Ashton and Commissioner Štefan Füle on the arrests of Mr. Tofig Yagublu, newspaper columnist and deputy chairman of opposition party “Musavat” and Mr. Ilgar Mammadov, leader and Presidential candidate of the Republican Alternative (REAL) party,
- having regard to the statement of the Secretary General of the Council of Europe Thorbjørn Jagland of 3 May 2013, concerning new charges brought against Ilgar Mammadov,
- having regard to the statement of The Congress of Local and Regional Authorities of Council of Europe, on 18 March 2013,
- having regard to 20 March 2013 ENP Country progress report 2012 on Azerbaijan,
- having regard to the established relationship between the EU and Azerbaijan represented by the implementation of the ENP Action Plan, the creation of the Eastern Partnership, the development of the Association Agreement,
- having regard to its resolution on a Digital Freedom Strategy in EU Foreign Policy;
- having regard to Rule 122(5) of its Rules of Procedure,
A. whereas Ilgar Mammadov, co-Chair of the REAL (Republican Alternative) movement and Director of the Council of Europe School for Political Studies in Baku, was arrested and unlawfully detained by Azerbaijani authorities since February 4, 2013; being accused of inciting riots in the town of Ismaili after he visited the town;
B. whereas before his arrest Ilgar Mammadov was confirmed as the candidate of the opposition party REAL to participate in the Azerbaijani Presidential elections, scheduled for October 2013;
C. whereas the arrest of Mammadov is considered by human rights organisations as illegal, politically motivated, and an attempt to intimidate the opposition;
D. whereas the Council of Europe representative in Baku was not admitted to the initial court hearing in February, and in addition, a group of Council of Europe ambassadors who recently visited Azerbaijan were not allowed to visit Ilgar Mammadov in prison;
E. whereas journalists, bloggers, civil society activists report systematic abuse of their right to freedom of expression in Azerbaijan;
F. whereas freedom of the press and media, both online and offline, is a crucial aspect of a democratic and open society, as well as being fundamental in countering corruption and safeguarding human rights and the rule of law,
G. whereas Azerbaijan is engaged in consultations with the Venice Commission of the Council of Europe on the reform of the defamation legislation, which is required in order to implement two judgments of the European Court of Human Rights against Azerbaijan;
H. whereas the Milli Mejlis has adopted on May 14, 2013, new set of legislative amendments that expand criminal libel laws explicitly to include statements made online; whereas these amendments contradict Azerbaijan’s commitments to decriminalize libel;
I. whereas, the Milli Mejlis has adopted new amendments to the aforementioned legislation aimed at facilitating the application of defamation provisions to online expression;
J. whereas peaceful protesters have been effectively banned from demonstrating in central Baku since 2006, thereby restricting the right to freedom of assembly, and recently new fines and longer periods of administrative detention were introduced for those who organise or participate in unauthorised public gatherings;
K. whereas Azerbaijan is a party to the European Convention on Human Rights (ECHR) and a member of the Council of Europe which rotating chairmanship it will hold in 2014;
L. whereas Azerbaijan is actively participating in the European Neighbourhood Policy and the Eastern Partnership, is a founding member of Euronest and has on numerous occasions expressed its commitment to respect democracy, human rights and the rule of law that are core values of these initiatives;
M. whereas Azerbaijan and the European Union are engaged in the negotiations of the Association Agreement;
N. whereas Azerbaijan has taken up a non-permanent seat in the United Nations Security Council (UNSC) for the period of 2012 - 2013, and has committed to uphold the values as expressed in UN human rights charter and the Universal Declaration of Human Rights;
1. Calls for the immediate and unconditional release of Ilgar Mammadov as well as the immediate and unconditional release of journalists, human rights defenders, bloggers and other civil society activists held on politically-motivated charges;
2. Underlines that full respect for human rights, fundamental freedoms and the rule of law are at the heart of the Eastern Partnership as well as the commitments of Azerbaijan in the framework of the Council of Europe and the OSCE;
3. Notes that independent and impartial judiciary is the basis of democracy, and that the apparent lack of trust and political interference with the due legal process undermine the statehood of Azerbaijan; Urges the Azerbaijani authorities to step up their efforts to reform all aspects of the judicial system: prosecution, trial, sentencing, detention and appeals; and to make reforms to ensure the rule of law, good governance, checks and balances are brought in line with international democratic and human rights standards to which the Azerbaijani government has committed itself ;
4. Calls on Azerbaijani authorities to release political prisoners, dissidents, people arrested at peaceful demonstrations, journalists, bloggers and others unjustly detained while exercising universal human rights;
5. Calls on the Azerbaijani authorities to unequivocally respect freedom of the press and media, both online and offline, and to ensure freedom after expression;
6. Calls on Azerbaijani authorities to reform the defamation legislation; considers that imprisonment is an not a proportionate sentence for the defamation; calls on President Aliyev not to sign into law amendments aimed at facilitating the application of defamation provisions to online expression;
7. Notes the announcement by the authorities of the publication of a list of locations where demonstrations will be authorised; calls on the authorities to ensure in full the right to freedom of assembly to all people in Azerbaijan;
8. Supports the ongoing negotiations on the Association Agreement between the EU and Azerbaijan; Considers it important to include clauses and benchmarks that refer to the protection and promotion of human rights, which reflect the principles and rights enshrined in the Constitution of Azerbaijan and commitments made by Azerbaijan in the framework of the Council of Europe and the OSCE;
9. Calls on the Azerbaijani authorities to ensure full implementation of the legislation and respect to its international commitments on free and fair elections, freedom of assembly, freedom of association and media freedom;
10. Calls on the European Commission, in the framework of the forthcoming visit by President Aliyev to Brussels, to ensure clear articulation of the shortcoming of the human rights, democracy and the rule of law situation in Azerbaijan as outlined by the ENP Progress Report;
11. Expressed its alarm at reports from human rights defenders and domestic and international non-governmental organisations (NGOs) about the alleged use of fabricated charges against politicians, activists and journalists. Reminds the Azerbaijani authorities to uphold free trial, due process and other universal human rights,
12. Calls on the Azerbaijani authorities to comply with all rulings of the European Court on Human Rights concerning Azerbaijan;
13. Calls on the Vice-President/High Representative of the EU to address human rights and the rulings of the ECHR at the highest possible political level in Azerbaijan,
14. Instructs its President to forward this resolution to the EEAS, European Council, European Commission, the governments and parliament of the Republic of Azerbaijan, the Council of Europe, the OSCE and the UN Human Rights Council.