Author: Ani Kharatian

FORUM 18 NEWS SERVICE, Oslo, Norway
The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief
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Tuesday 28 April 2020
AZERBAIJAN: Will regime implement alternative service commitment?
Ruling party deputy Siyavush Novruzov told parliament on 30 March that an
Alternative Service Law should be adopted. Parliament's Defence Committee
is handling this, he told Forum 18. The government has not made public any
draft. Azerbaijan committed to the Council of Europe to have alternative
service by 2003 but failed to meet its obligation. Jehovah's Witnesses say
criminal cases against their conscientious objectors are not being pursued.
AZERBAIJAN: Will regime implement alternative service commitment?
By Felix Corley, Forum 18
After pledging in 2001 to the Council of Europe it would have introduced a
civilian alternative for those who cannot perform military service on
grounds of conscience by January 2003, a senior ruling party politician
told Azerbaijan's parliament, the Milli Mejlis, on 30 March 2020 that an
Alternative Service Law should be adopted. The brief remark by
parliamentary deputy Siyavush Novruzov was widely reported in the media
with no comment. The government has not yet made public any draft law.
Novruzov told Forum 18 that the issue is in the hands of the Milli Mejlis
Defence, Security and Anti-Corruption Committee, chaired by Ziyafat
Asgarov. Telephones at the Committee went unanswered on 28 April (see
below).
Some are optimistic that the government has finally decided to honour its
Council of Europe commitment. "Parliament is not independent," human rights
defender Rasul Jafarov told Forum 18. Novruzov "would only have said this
if it comes from the government". However, Jafarov warns that even if the
country adopts such a Law, he remains "quite sceptical" about how it might
be implemented (see below).
The Baku-based Human Rights Club, which Jafarov heads, issued its own
proposal for the text of an Alternative Service Law on its website in
August 2019 to try to put the issue on the public agenda. "We have had no
response to our proposal from official people," Jafarov noted (see below).
Council of Europe and United Nations bodies have repeatedly condemned
Azerbaijan's long failure to introduce a civilian alternative to compulsory
military service and its punishment of those unable to perform compulsory
military service on grounds of conscience (see below).
Jehovah's Witnesses told Forum 18 that about ten of their young men who
have been called up for military service have submitted written
applications to perform an alternative civilian service on grounds of
conscience. The young men have been blocked from leaving the country, but
earlier criminal cases against at least some of them appear to have been
suspended (see below).
The European Court of Human Rights in Strasbourg found in October 2019 that
the Azerbaijani government violated the rights of five Jehovah's Witnesses,
four of whom were jailed and one given a suspended sentence and fined. The
judgment became final on 17 January 2020 and the government is arranging to
pay the total compensation and legal expenses of 38,269 Euros which should
have been paid by 17 April (see below).
In its judgment, the Court reminded Azerbaijan of its obligation to the
Council of Europe and to its own Constitution to introduce a system of
alternative service, pointing out that violations flowed from the lack of
such provision (see below).
The two most recent convicted conscientious objectors – Emil Mehdiyev and
Vahid Abilov - lodged applications to the European Court of Human Rights in
October 2019 as they were completing their one-year non-custodial sentences
(see below).
Parliamentary call for Alternative Service Law
During a debate on 30 March in the Milli Mejlis about extending the period
of military service by one month because of the coronavirus outbreak,
deputy Siyavush Novruzov of the ruling party proposed several changes to
the call-up requirements. He then added a brief remark at the end of his
address noting that a Law on Alternative Service needs to be adopted.
"Parliament is not independent," Rasul Jafarov, head of the Baku-based
Human Rights Club, told Forum 18 from Baku on 23 April. Novruzov "would
only have said this if it comes from the government. They seem to have some
kind of plan for this."
Novruzov, who chairs the Milli Mejlis Regional Affairs Committee, declined
to answer any questions about his call for an Alternative Service Law.
"It's not an issue for our Committee," he told Forum 18 from Baku on 28
April. "The issue is in the hands of Ziyafat Asgarov and the Defence
Committee."
Telephones at the Milli Mejlis Defence, Security and Anti-Corruption
Committee went unanswered each time Forum 18 called on 28 April.
Elshad Babayev of the Defence Department of the Presidential Administration
said that he has not seen a text of any draft Alternative Service Law and
had no information. "It is possible that something is being prepared," he
told Forum 18 from Baku on 28 April. An official of the Legal Expertise
Department of the Presidential Administration said he had no information
about any draft Law.
Human rights defender Jafarov warns that even if the country adopts an
Alternative Service Law, he remains "quite sceptical" about how it might be
implemented. "They might claim that because of the war over
Nagorno-Karabakh, they should wait to implement it until the war is over."
Jafarov believes the government is concerned about its image in Europe and
wants to improve relations with the Council of Europe. He adds that the
October 2019 European Court of Human Rights judgment in favour of five
Azerbaijani conscientious objectors – which found that their rights had
been violated (see below) – might have influenced the government's
apparent aim to introduce an Alternative Service Law.
Jehovah's Witnesses expressed hope that such a law might be adopted, given
that criminal cases against their conscientious objectors are not being
pursued (see below). "We feel that there is progress with conscientious
objection," they told Forum 18 from Baku on 27 April, "and we hope that
soon the new Parliament will pass a new Law on Alternative Service."
Human Rights Club draft Law
In August 2019, the Baku-based Human Rights Club, which Rasul Jafarov
heads, published on its website (in Azeri
(
 )
and English
(
 ))
its own proposal for the text of an Alternative Service Law to try to put
the issue on the public agenda.
Article 4.2 of the draft specifies that alternative service should be
available for people holding both religious and non-religious beliefs that
do not allow them to perform military service. Article 5.1 specifies that
any alternative service should not be longer than military service. Article
6.1 would put a State Commission for Alternative Service in charge of
assessing alternative service applications, identifying places where those
doing alternative service would serve, and assigning such individuals to
specific institutions.
Article 9.3 of the Human Rights Club's draft Law would allow those refused
alternative service to challenge the denial in court.
"We have had no response to our proposal from official people," Jafarov
told Forum 18.
Council of Europe obligation ignored
Military service of 18 months (12 months for those with higher education)
is compulsory for all young men. Article 76, Part 2 of Azerbaijan's
Constitution declares: "If the beliefs of citizens come into conflict with
service in the army then in some cases envisaged by law alternative service
instead of regular army service is permitted." However, no mechanism exists
to enact this provision.
Ahead of its accession to the Council of Europe in January 2001, Azerbaijan
promised 
(
 ) "to adopt,
within two years of accession, a law on alternative service in compliance
with European standards and, in the meantime, to pardon all conscientious
objectors presently serving prison terms or serving in disciplinary
battalions, allowing them instead to choose (when the law on alternative
service has come into force) to perform non-armed military service or
alternative Civilian service".
Azerbaijan has never done this, and conscientious objectors to military
service have been repeatedly prosecuted and even jailed under Criminal Code
Article 321.1. This states
(
 ): "Evasion without
lawful grounds of call-up to military service or of mobilisation, with the
purpose of evading serving in the military, is punishable by imprisonment
for up to two years [in peacetime]".
United Nations (UN) human rights bodies, as well as the Council of Europe's
Venice Commission and its European Commission against Racism and
Intolerance (ECRI), have repeatedly criticised Azerbaijan's failure to
introduce a civilian alternative to compulsory military service.
In November 2016 Concluding Observations on Azerbaijan's report to the UN
Human Rights Committee (CCPR/C/AZE/CO/4), the Committee again expressed
concern about the lack of a civilian alternative to military service
(
 ).
The Committee stated that Azerbaijan "should adopt without delay the
legislation necessary to give effect in practice to the constitutionally
recognized right to conscientious objection to military service, without
limitation on the category of conscientiously held beliefs. Moreover, it
should provide for alternative service of a civilian nature for
conscientious objectors and repeal all sanctions against them."
Forum 18 asked the Human Rights Ombudsperson's Office in Baku in writing on
17 December 2018 (resent on 30 April 2019) what action (if any) it had
taken to defend the rights of convicted conscientious objectors Emil
Mehdiyev and Vahid Abilov. It also asked what action (if any) it had taken
to push for the adoption of a law to allow for those who have conscientious
objections to military service to perform a civilian alternative service,
which Azerbaijan committed to introduce by 2003. Forum 18 received no reply
from the Ombudsperson's Office.
(
 )
Prosecutions of conscientious objectors not being pursued
About ten Jehovah's Witness young men called up for military service by
Conscription Offices since 2015 have lodged statements with them explaining
that they cannot perform military service on grounds of conscience and
offering to perform an alternative, civilian service outside the framework
of the armed forces.
Conscription Offices have handed at least some of these cases to
Prosecutor's Offices to prepare criminal prosecutions. The Conscription
Office handed the case against Jehovah's Witness Levani Otarashvili to Qakh
District Prosecutor's Office in 2018. The same year, Conscription Offices
threatened others – including Jehovah's Witness Emin Tahmazov in Baku and
Jehovah's Witness Fuad Hasanaliyev in Khachmaz – with criminal cases.
(
 )
On 29 July 2019, Conscription Office staff forcibly took Fuad Hasanaliyev
and his older brother Kanan to a military unit in Baku and tried to force
them to enlist. However, both refused and officials freed them that
evening.
Ganca's Kapaz District Conscription Office even tried to conscript
Fakhraddin Mirzayev again in 2019, six months before the European Court of
Human Rights ruled in his favour over his 2012 jailing for refusing
military service on grounds of conscience (see below).
However, Jehovah's Witnesses say that earlier criminal cases against their
conscientious objectors appear to have been suspended. "Currently no one is
being pursued," they told Forum 18 from Baku on 27 April.
Travel restrictions can be imposed when prosecutors launch a criminal case,
as happened with Emil Mehdiyev and Vahid Abilov in 2018.
Yet despite the halting of active measures to prosecute conscientious
objectors, Conscription Offices have blocked some who are not facing active
prosecutions from leaving the country should they wish to do so. On 2 April
2019, as he tried to leave Azerbaijan by land for neighbouring Georgia,
Azerbaijani border guards told Fakhraddin Mirzayev that the Conscription
Office had blocked any foreign travel and sent him back. On 20 April 2019,
the same happened to another Jehovah's Witness conscientious objector,
Aslan Aliyev.
"Currently about 10 young men have travel restrictions," Jehovah's
Witnesses told Forum 18. "Usually they receive no official notification.
Some find out when they try to cross the border. Border control officers do
not allow them to leave the country and these young men are forced to
return home."
"We discussed this problem with different government agencies and they
assured us that this will soon be solved," Jehovah's Witnesses added.
In some cases, Jehovah's Witness young men cannot obtain a passport.
"According to our legislation, to obtain it young men need to submit a
document confirming that you've already served in the army or have a
deferment," Jehovah's Witnesses explained.
European Court of Human Rights judgment
On 17 October 2019, the European Court of Human Rights (ECtHR) in
Strasbourg found in favour of five Jehovah's Witnesses punished through the
courts between 2007 and 2013 for refusing compulsory military service on
grounds of conscience. Four of them had been jailed, while the fifth had
been given a suspended prison sentence and a fine. The judgment covered
four cases (one involving two applicants)
(
 ), which the Court
considered together.
1) Mammadov and Huseynov v. Azerbaijan (Application No. 14604/08). Goranboy
District Court jailed Jehovah's Witness Samir Huseynov for ten months in
October 2007 for refusing compulsory military service on grounds of
conscience. He was freed in May 2008 after serving most of his sentence
(
 ). Baku's Sabail
District Court gave Jehovah's Witness Mushfiq Mammadov a suspended six
month prison term in July 2006 for refusing compulsory military service on
grounds of conscience. He was tried on the same charges again in October
2009, by which time he was aged 26. At the end of his second trial, taking
account of the two months he had spent in pre-trial detention, the judge
fined him 250 Manats. The Supreme Court rejected his final appeal in
December 2010. 
(
 )
2) Farid Mammadov v. Azerbaijan (Application No. 45823/11). Baku's Nasimi
District Court jailed Jehovah's Witness Farid Mammadov for nine months in
July 2010 for refusing compulsory military service on grounds of
conscience. He was not imprisoned until September 2010 when his first
appeal failed. The Supreme Court rejected his final appeal in January 2011.
(
 )
3) Fakhraddin Mirzayev v. Azerbaijan (Application No. 76127/13). Ganca's
Kapaz District Court jailed Jehovah's Witness Fakhraddin Mirzayev for one
year in September 2012 for refusing compulsory military service on grounds
of conscience. He was amnestied in May 2013 after eight months'
imprisonment. The Supreme Court rejected his final appeal in June 2013.
(
 )
4) Mirzayev v. Azerbaijan (Application No. 41792/15). Goychay Court jailed
Jehovah's Witness Kamran Mirzayev for nine months in March 2013 for
refusing compulsory military service on grounds of conscience. He was
amnestied in June 2013 after serving three months' imprisonment
(
 ). The Supreme Court
rejected his final appeal in February 2015, arguing that relevant
legislation implementing an alternative service had not yet been passed and
alternatives to service only applied when the nation was not at war.
In its judgment, the European Court found that Azerbaijan had violated the
rights of all five. It specified compensation and legal expenses totalling
38,269 Euros payable to the applicants.
Moreover, the Court "observes that the present case casts light on a
problem linked to the absence of an alternative service law in Azerbaijan".
It pointed out that this violates both Azerbaijan's commitments on joining
the Council of Europe and Article 76 of Azerbaijan's Constitution.
"In these circumstances," the judgment noted, "the Court considers it
useful to stress that such a situation calls in principle for legislative
action by the defending State in order to satisfy, in conformity with the
present decision, the obligations incumbent on it of assuring the
applicants and other persons in the same situation the right to benefit
from the right to conscientious objection."
Azerbaijan did not contest the European Court judgment and it became final
on 17 January 2020, according to the Court website. The government had
three months – until 17 April – to pay the compensation and legal costs
mandated by the Court.
Forum 18 was unable to reach Chingiz Askerov, the Azerbaijani government's
Agent at the Court, on 28 April. His telephone at the Presidential
Administration went unanswered on 28 April.
Jehovah's Witnesses told Forum 18 that they are "in the process" of
providing information to the Government Agent. "Because of Covid-19,
everything is delayed or postponed," they added, but hope that the five
applicants will soon receive compensation.
"At the moment we have no problems with the government regarding
compensation," Jehovah's Witnesses add. Their Baku community received
compensation awarded by the European Court of Human Rights in one recent
case not related to conscientious objection and are awaiting compensation
for another Court judgment.
Two new European Court of Human Rights cases
The two most recent convicted Jehovah's Witness conscientious objectors
have lodged applications to the European Court of Human Rights. Emil
Mehdiyev filed his appeal on 7 October 2019 (Application No. 52773/19),
while Vahid Abilov filed his appeal on 17 October 2019 (Application No.
54768/19), the Court told Forum 18.
On 6 July 2018, Barda District Court convicted Mehdiyev and handed down a
one-year suspended prison term, and required that he live under probation
for one year. Ganca Appeal Court rejected his appeal on 8 October 2018. The
sentence then came into legal force, meaning that it expired on 8 October
2019. The Supreme Court rejected his final appeal on 10 April 2019
(
 ).
On 6 September 2018, Agdam District Court found Abilov guilty and sentenced
him to a one-year suspended prison term. Ganca Appeal Court rejected his
appeal on 31 October 2018. The sentence then came into legal force, meaning
that it expired on 31 October 2019. The Supreme Court rejected his final
appeal on 24 April 2019
(
 ). (END)
Full reports on freedom of thought, conscience and belief in Azerbaijan
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For more background, see Forum 18's Azerbaijan religious freedom survey
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Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
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Follow us on Twitter @Forum_18 
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© Forum 18 News Service. All rights reserved. ISSN 1504-2855.
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