Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of Azerbaijan
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 24 January 2024 (4th sitting) (see Doc. 15898, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), rapporteur: Mr Mogens Jensen); and Doc. 15899, opinion of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, rapporteur: Ms Ingjerd Schie Schou). Text adopted by the Assembly on
24 January 2024 (4th sitting).
1. The Parliamentary Assembly recalls
that, by acceding to the Council of Europe on 25 January 2001, the Republic
of Azerbaijan agreed to honour several specific commitments listed
in Assembly
Opinion 222
(2000), as well as the obligations incumbent on all member
States under Article 3 of the Statute of the Council of Europe (ETS
No. 1): compliance with the principles of pluralist democracy and
the rule of law as well as respect for human rights and fundamental
freedoms of all persons placed under its jurisdiction.
2. The Assembly deplores that more than twenty years after joining
the Council of Europe Azerbaijan has not fulfilled major commitments
stemming therefrom. Very serious concerns remain as to its ability
to conduct free and fair elections, the separation of powers, the
weakness of its legislature vis-à-vis the executive, the independence
of the judiciary and respect for human rights, as illustrated by
numerous judgments of the European Court of Human Rights and opinions
of the European Commission for Democracy through Law (Venice Commission).
3. In this context, the Assembly recalls its
Resolution 2184 (2017) “The
functioning of democratic institutions in Azerbaijan”,
Resolution 2185 (2017) “Azerbaijan’s
Chairmanship of the Council of Europe: what follow-up on respect
for human rights?”,
Resolution
2279 (2019) “Laundromats: responding to new challenges in
the international fight against organised crime, corruption and
money laundering”,
Resolution
2322 (2020) “Reported cases of political prisoners in
Azerbaijan”,
Resolution
2362 (2021) “Restrictions on NGO activities in Council
of Europe member States”,
Resolution
2418 (2022) “Alleged violations of the rights of LGBTI
people in the Southern Caucasus”,
Resolution 2494 (2023) “Implementation
of judgments of the European Court of Human Rights”,
Resolution 2509 (2023) “Transnational
repression as a growing threat to the rule of law and human rights”
and
Resolution 2513 (2023) “Pegasus
and similar spyware and secret State surveillance”. It also notes
with concern that, according to the Council of Europe’s Platform
to promote the protection of journalism and safety of journalists,
at least 18 journalists and media actors are currently in detention
in Azerbaijan.
4. Regarding the situation in Nagorno-Karabakh, the Assembly
established the absence of a free and safe access through the Lachin
Corridor in its
Resolution
2508 (2023) “Ensuring free and safe access through the Lachin
Corridor” and was struck by the fact that Azerbaijan’s leadership
did not acknowledge the very serious humanitarian and human rights
consequences stemming from that situation, which lasted for nearly
ten months. Moreover, in its
Resolution
2517 (2023) and
Recommendation
2260 (2023) “The humanitarian situation in Nagorno-Karabakh”,
the Assembly condemned the Azerbaijani army’s military operation
of September 2023, which led to the flight of the entire Armenian
population of Nagorno-Karabakh to Armenia and to allegations of
“ethnic cleansing”. The Assembly recalls that, in its
Resolution 2517 (2023),
it did not exclude challenging the credentials of the Azerbaijani
delegation at its first part-session of 2024.
5. The Assembly also notes that on 5 December 2023 the Committee
on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee) adopted a report
on the honouring of obligations and commitments by Azerbaijan and
that this report will be examined by the Assembly after the early
presidential election in Azerbaijan, which is scheduled for 7 February
2024 and was called on 7 December 2023, shortly after the adoption
of the said report.
6. 6. Recalling its
Resolution
2322 (2020), the Assembly is also concerned that the
Monitoring Committee’s rapporteurs were not allowed to meet with
persons detained on allegedly politically motivated charges. Moreover,
the Assembly strongly regrets that it has not been invited to observe
the forthcoming presidential election despite Azerbaijan’s obligation
to send such an invitation as the country is under the monitoring procedure.
The Assembly considers these refusals as instances of “lack of co-operation
in the Assembly’s monitoring procedure” in the meaning of Rule 8.2.
b of the Rules of Procedure of the
Assembly. Furthermore, it condemns the Azerbaijani delegation’s
lack of co-operation with the Rapporteur for the Committee on Legal Affairs
and Human Rights on the theme “Threats to life and safety of journalists
and human rights defenders in Azerbaijan”, who was refused the right
to visit the country three times. It also deeply deplores that the Rapporteur
for the Committee on Migration, Refugees and Displaced Persons on
the theme “Ensuring free and safe access through the Lachin Corridor”
was not invited to Azerbaijan during his fact-finding visit to the
region and was thus unable to travel to the Lachin Corridor.
7. 7. Therefore, the Assembly resolves not to ratify the credentials
of the delegation of Azerbaijan. The delegation may resume its activities
in the Assembly when conditions provided by the Rules of Procedure
are met.
