Doc. 11226
30 March 2007

Honouring of obligations and commitments by Azerbaijan

Report
Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
Co-rapporteurs: Mr Andres HERKEL, Estonia, Group of the European People's Party and Mr Tony LLOYD, United Kingdom, Socialist Group

Summary

The report recognises the efforts made by Azerbaijan in a number of areas, such as: the on-going co-operation with the Venice Commission on the revision of the Election Code and of the Law on Freedom of Assembly, the establishment of a Justice Academy, the increase of the number of judges and the organisation of examinations for the recruitment of new judges with Council of Europe assistance; the recent pardoning by presidential decree of 11 prisoners appearing on the lists of NGOs members of the Task Force entrusted to follow-up the implementation of Resolution 1457 (2005) on political prisoners in Azerbaijan; the recently adopted National Action Plan for the Protection of Human Rights, as well as the constructive attitude of the President of Azerbaijan towards the search of a solution to the Nagorno-Karabakh conflict.
At the same time, the report highlights areas of concern and is insistent on the need to establish a dialogue between the ruling majority and the opposition both inside and outside the parliament; to further reinforce the role of parliament vis-à-vis the executive and to improve the balance of powers; to increase the number and the quality of defence lawyers; to further encourage the work of the Task Force and ensure that it produces concrete results; to improve the general environment for the independent media in the country, which has regrettably deteriorated during the last months, and to find a definitive solution to the licence issue of the independent TV channel ANS without further delay; to put an end to torture and ill-treatment by law enforcement agents and within the army and to implement the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).
The Monitoring Committee attaches particular importance to the forthcoming presidential elections in 2008 which must be the first in the history of the country to comply fully with international standards for free and fair elections. The report recommends to the Assembly to pursue its monitoring on the honouring of obligations and commitments by Azerbaijan.

A.Draft resolution

Contents

1. Introduction
1.1. The monitoring procedure
1.2. The political, economic and international context
2. Signature and ratification of Council of Europe conventions
3. Honouring of obligations and commitments
3.1. Pluralist democracy
3.1.1. Separation of powers
3.1.2. Electoral reform
3.1.3. Local self-government reform
3.2. The rule of law
3.2.1. Reform of the judicial system and the Bar Association
3.2.2. Combating corruption and organised crime
3.2.3 Follow-up to the issue of alleged political prisoners and humanitarian concerns
3.3. Human rights
3.3.1. National Action Plan on Human Rights
3.3.2. Media pluralism and freedom of expression
3.3.3. Freedom of assembly
3.3.4. Prison reform, detention conditions and allegations of ill-treatment
3.3.5. Alternative service and conscientious objectors
3.3.6. Minorities
4. The Nagorno-Karabakh conflict