In July of last year, in their response to the Government of Azerbaijan, four of the websites that were blocked for access in Azerbaijan in 2017, reiterated their claim that the ban violates their right to freedom of expression. According to EHRAC, this response came following the Government’s [of Azerbaijan] submissions to the European Court of Human Rights (“ECtHR”).
EHRAC (European Human Rights Advocacy Center) represents four of the websites – Meydan TV, Azadliq Info, Azerbaycan Saadi, and Turan TV and has been working in tandem with local legal partners on the case.
At the time of blocking these websites in 2017, the Government of Azerbaijan argued “a number of articles published by the four critical news websites included calls aimed at “forcible change of the constitutional order”, “organization of mass riots”, and other illegal activities.”
In reality, all four websites are considered independent and/or platforms affiliated with opposition parties or their critical position against broader government practices and policies adopted by the ruling government of Azerbaijan. As a result, the decision to block them was based on the legal claims that lacked evidence. This was further reflected in the review process when the decision to block these platforms was implemented. According to EHRAC, “no effective and independent review took place in the first instance decision to block access to the websites in 2017, and in subsequent appeals. The courts simply accepted the authorities’ allegations at face value and made no attempt to adequately consider or explain why the content was unlawful.”
The intentions behind the blocking decision were further reflected in subsequent actions taken by the Government of Azerbaijan against the online platforms. Such that, at the time of the first decision to block these websites for access in 2017, the Azerbaijani Government claimed these websites continued disseminating their content through VPN services or social media platforms and therefore the action taken against them did not cause significant changes to the published content. However, in February 2020, the Ministry of Transportation, Communications and High Technologies “requested the domestic courts to impose a ban on the applicants’ ability to share their content through VPN services and social media platforms.”
While access to the said websites remains blocked in Azerbaijan further developments signal a consistent pattern of censorship and impunity.