Tag: azerbaijan

two editors of online news platforms arrested [updated May 27, 2022]

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[Update May 27, 2022] Afgan Sadigov was released from jail on May 27, following a presidential decree that called for the release of over 200 prisoners from jail. 

[Update] According to Azerbaijan Service for Radio Free Europe, Afgan Sadigov’s sentence was reduced in a Supreme Court ruling on July 2. The original sentence of 6 years was reduced to 4, reported the service. 

On March 30, Sadigov’s wife, Sevinc Sadigova reported she was being blackmailed by the State Security Services threatening her with releasing personal videos of Sadigova. Afgan Sadigov has been on a hunger strike for 147 days now. On the 80th day, he lost consciousness and fell into a coma. After that, he was put on artificial feeding but has denied that in the past week as well said Sadigova. Following her statement about threats, the Prosecutor General office issued a warning to Sadigova denying allegations made by the journalist’s wife. In a statement obtained by Meydan TV, the Prosecutor General office said, that they would take legal action against Sadigova and those who spared such false and biased information on social networks and in the media, calling to refrain from such illegal actions.

According to existing national legislation, sharing, spreading, or selling video and photographs of people’s personal lives is punishable by a fine [1000-2000AZN], public work [240-480 hours], or correctional work [up to 1 year]. If this information is obtained by officials or via drones it is punishable by deprivation from official work for up to three years, up to two years of imprisonment, or up to two years of restricted freedom.   

February 7, on his 95th day of hunger strike, journalist Afgan Sadigov is experiencing memory loss said Sadigov’s wife, Sevinc Sadigova in an interview with Turan News Agency. Sadigova also said, her husband lost consciences on the 80th day of the hunger strike, and as a result fell into a coma. Although he regained his consciences his condition remains critical. Sadigova also said, that her husband has been receiving food injections through a tube.

January 28, the court of appeal reduced the sentence of Afgan Sadigov whose health condition remains critical Turan News Agency reports. The Sumgayit Court of Appeal in a hearing where Sadigov was absent ruled to reduce the seven-year sentence to 6. Speaking to Turan News Agency Sadigov’s lawyer Elchin Sadigov [not related] said the defendant intends to file a cassation appeal with the Supreme Court and the European Court of Human Rights. Meanwhile, the journalist’s wife, Sevinc Sadigova said the decision is a travesty of justice sentencing her husband to death

On January 10, the family members of Sadigov reported his health was in critical condition and that the journalist was at the Penitentiary Service medical ward. Attempts to receive a comment from the Penitentiary Service were futile according to Azadliq Radio. 

On November 3, Afgan Sadigov was sentenced to seven years. In protest to the sentence, Sadigov, went on a hunger strike as of November 4. Meanwhile, Sakit Muradov, who was tried together with Sadigov was absent during the court hearing. According to Azadliq Radio reporting, Muradov was not detained during the investigation and was placed under police surveillance instead. Unlike Sadigov, Muradov received a suspended sentence.

On May 13, editors Afgan Sadigov, from AzelTV and Sakit Muradov, from Xeberfakt.az were reportedly arrested on charges of extortion. The two were allegedly caught during operation. 

According to a statement issued by the Prosecutor General office, both men demanded a total of 15,000AZN from the officials at Sumgayit City Executive power in an exchange for not running a series of stories on their respective websites. The statement claims, both journalists were caught having received 10,000AZN. 

If found guilty, both journalists are facing up to ten years in jail. 

Previously Sadigov was arrested in November 2016 on charges of hooliganism. He was sentenced to two and a half years in jail in January 2017. Sadigov was released in May 2018. 

The same year, Sadigov was sentenced to 30 days in administrative detention for allegedly disobeying police orders. Upon his release, Sadigov said he was innocent and that he was tortured in detention. At the time, the Ministry of the Interior did not comment. 

In November 2018 Sadigov was sentenced once again to a month in prison on charges of disobeying police and/or military officer. 

Sadigov is known for his criticism of the government in his social media posts and statements. Ahead of this recent arrest, Sadigov reportedly shared a story about rape which was refuted by the Prosecutor General.  

opposition leader’s mobile and internet cut off ahead of live interview [last updated September 4]

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[UPDATE] September 4, in an interview with independent Turan News Agency, Ali Karimli confirmed that he remains cut off the internet. His cellular signal also stops functioning after 8 pm every day. 

August 6, Baku Court of Appeal rejected to evaluate opposition party leader Ali Karimli and his wife, Samara Seyidova’s complaint against the Ministry of the Interior, Ministry of State Security, Special State Security Service, Transportation, Communication and High Technologies Ministry, Azercell mobile operator and AzQtel Internet provider. Having exhausted all domestic remedies, Karimli now intends to take his case to the European Court of Human Rights. Him and his family remain without access to Internet. 

June 23, the Nasimi District court rejected to evaluate Ali Karimli’s complaint. The court returned the appeal on the grounds the claim was not substantiated. “The documents on the termination of the Internet service by – Azercell LLC [mobile provider] and AzQTel LLC [internet provider] – were not attached to the appeal,” wrote the judge. The party leader said he had no expectation that the court would consider his lawsuit in a statement issued later by the Popular Front party. 

Ali Karimli filed a lawsuit against two companies, Azercell and AzQTel and called for the involvement of the Ministry of Transport, Communication and High Technologies as a third party. In a statement issued by Azercell earlier, the company claimed it had nothing to do with the issue and that it does not discriminate against any of its clients based on their political views. 

Meanwhile, AIW was informed by several users, they received an SMS notification that the Internet was blocked by the operator [in this case, Azercell] in the same location, where Karimli lives. 

Regarding home internet connectivity issues, one expert told AIW that most Wifi modems, if supplied by the carrier can be configured remotely, including rejecting devices to connect, null-routing packets [when a network route goes nowhere – meaning that the matching packets are dropped (ignored) rather than forwarded, acting as a kind of very limited firewall], rejecting handshaking [handshake is executed when a client wants to join a protected Wi-Fi network and is used to confirm that both the client and access point possess the correct credentials], and other forms of interference.  

May 13, marks one month since the leader of Popular Front, Ali Karimli, reported internet outage at his apartment in Baku. Since the incident was first reported, Karimli had access to the mobile internet only a handful of times. His network signal is only available until 8pm daily.  In a Facebook post, Karimli wrote on May 3 he explained that the modem he was using at home (Sazz), was taken for inspection by the company on April 17. However, since then, he has not heard back from the company even though he was told, it would take up to three business days to inspect the device. Karimli also said in the post, that all of his communication/messenger applications have been either hacked or being used by a third party. Meanwhile, his mobile operator Azercell told BBC Azerbaijan Service that there is a significant decline in the quality of its services due to heavy traffic observed during the quarantine regime.

April 28, Ali Karimli and his wife, Samara Sayidova took their mobile provider Azercell and internet provider AzQTel to court. 

April 24, in a statement issued by Azercell, the mobile operator claims it was not involved in blocking Karimli’s access to mobile networks or the internet. The company also said they had nothing to do with Karimli’s Whatsapp and Telegram accounts getting hacked. 

April 20, Ali Karimli continues to report disruptions, in the mobile and internet connections at his home in Baku. Meanwhile, the spokesperson for the Ministry of the Interior Ehsan Zahidov told Turan news agency that Karimli should request his mobile, and landline operators and Internet Service Provider to respond to the technical glitches. In an attempt to reach out and have an explanation, neither of the sides, have acknowledged their client having any issues. Having no mobile signal or landline, also means that Karimli cannot leave the house for either himself nor his family can request permission to leave via SMS – a new permission-based system introduced in early April to combat the COVID19 pandemic. The same day, Karimli’s WhatsApp and Telegram accounts are hacked. The party’s management statement holds the mobile company responsible accusing it of having shared the login info with the perpetrators.

On April 13, Ali Karimli, leader of an opposition party Popular Front, was cut off the internet several minutes before a live interview with US-based journalist Sevinc Osmangizi. Despite several attempts to re-connect, Osmangizi was unable to re-establish the connection.

Opposition leader reported both his home internet and mobile network were down. Similarly, his family members were too cut off the internet and lost mobile connections.

At the start of her show that aired on April 13, journalist Osmangizi told her viewers that clearly, the disruption was intentional. Because she had no issues speaking with Karimli an hour ahead of the interview.

The Ministry of Transportation, Communication, and High Technologies is yet to issue a statement or provide an explanation.

Although the network and connection were reportedly back on April 14, it was cut off again a few hours later – once again, ahead of the opposition head attempt to join Osmangizi on her show.

As of April 15, the disruptions continue.

***

Alasgar Mammadli, a media law expert, explains that the answer to the question of whether mobile operators in Azerbaijan maintain the confidentiality of their customers is inherently hidden in the recent statement issued by Azercell. 

“In its activities, the company is guided by the Azerbaijan Telecommunications Law and treats all customers equally, without making a difference between them because of their political views. The company pays special attention to the confidentiality of customer data and information about the number used by any subscriber cannot be provided to the third parties, except as provided by law.”

It is clear explains Mammadli, that this is what the statement actually implies: “… guided by the current legislation on telecommunications […] except as provided by law.” Read between the lines, “I provide information during search operations and I am obliged to keep it secret,” explains Mammadli. At the end of the day concludes Mammadli, what is happening to Karimli is illegal and discriminatory.

Opposition activist, Instagram account hacked [updated]

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May 9, Azerbaijani politician, Gultekin Hajibeyli’s Instagram account hacked and taken down. Instead, a fake profile impersonating Hajibeyli was set up, with her private mobile phone number shared publicly in the profile description. Hajibeyli, was targeted online previously.

Such attacks are common in Azerbaijan, where opposition politicians and independent activists are targeted online. Account “break-ins”, impersonations, blackmailing posts, content takedown requests on YouTube for alleged copyright violations are among some of the popular harassment tactics in practice.

Unlawfully obtained personal information of intimate nature, including photos, videos, and email exchanges are commonly used to target women activists. A most recent example is an online harassment campaign launched against political activist and former political prisoner Ilkin Rustamzade’s wife, Amina Rustamzade. Leaked personal pictures were shared on Facebook and Instagram by various accounts.

On May 12, the account impersonating Hajibeyli was successfully removed from Instagram.

On May 13, a new fake Instagram profile was created.

independent news site hacked

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On the morning of April 22, an independent online news platform, abzas.net noticed strange activity on its website. Not only did the website lose, a month worth of published articles, but that some articles’ headlines were also changed. 

In an interview with AIW, the website’s editor Ulvi Hasanli confirmed the attack. Hasanli said, this was not the first time, the website was under attack. “We have experienced DDoS attacks every month for a year between 2016 and 2017. Eventually, abzas.net was blocked in Azerbaijan and the website switched to .org”. 

Hasanli confirmed that the team was able to restore back the missing articles and reverted back changed headlines. 

While the team continues to investigate the source behind the attack, in an interview with Azadliq Radio, Hasanli said, they will seek legal remedy once they have sufficient evidence.

internet is reportedly down across Azerbaijan

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On April 21, several cities and administrative districts across the country reported experiencing internet disruptions.

The disruptions were reported on DeltaTelecom one of the only two companies in Azerbaijan licensed to connect international internet traffic [the second one being AzerTelecom]. Delta Telecom is considered the backbone internet provider in Azerbaijan and handles most of the ISP traffic. It owns a data center and provides hosting services.

One earlier report claimed the disruptions were the result of problems in the internet traffic coming in from Russia. The nature of these problems was not identified. And became clear shortly after, that this was not indeed the cause for disruptions.

According to Osman Gunduz, the head of Azerbaijan Internet Forum, it was the damage to the fiber optic cables connecting Delta Telecom’s second main center and the backbone itself during street excavations. As a result, Delta Telecom’s second main center started experiencing connectivity issues. This resulted in several ISPs and large companies experiencing major internet connectivity disruptions.

The Ministry of Transportation, Communication, and High Technologies (MCHT) is yet to issue a statement. In an interview, with a local online news platform Gafgazinfo the spokesperson Gunel Gozalova said the problem was not the damage caused to existing underground cables but issues with the commercial provider bringing Internet traffic into the country. “As a result of the countrywide quarantine regime during COVID19, many companies shifted their work to an online regime. The same goes for the education system where classes are now conducted in an online format. As a result, the country’s broadband internet network is overloaded. And sometimes, the preferred device installed at people’s homes does not meet currently increased demands.”

The spokesperson assured the ministry is doing its best to meet the spike in demands, working with experts around the clock.

It seems the spokesperson missed the memo [and so did the main news agency APA] from Delta Telecom because according to this media platform, who spoke with the director of the main internet provider [Public Television Channel] Delta Telecom, the disruptions were caused by “cable outage” during maintenance excavation work around one of capital’s automatic telephone exchange [ATS] locations.

As of April 22, Internet users across the country including in the capital continued reporting of weak signal or on-going disruptions in connections.

This is not the first time, major disruptions have been reported across the country.

In November 2015, massive Internet outage caused by a fire at a landline of the major Internet provider “Delta Telecom” left the country disconnected for at least 6 hours. In August 2016, some users experienced problems establishing an internet connection for several hours as a result of problems with Delta-Telecom’s infrastructure or as a result of debts owed by smaller providers to Delta Telecom. In October 2017, the MTCHT announced slow internet traffic across 23 regions due to AzTelekom’s [second government-owned internet provider] maintenance work to improve connectivity. In early July 2018, the country experienced its worst blackout in decades after a fire broke out at the country’s largest power plant.

In addition to accidents, technical, and other maintenance-related disruptions, there are intentional restrictions reported during certain political occasions such as political rallies or international events. In 2016 during the country-wide referendum, Virtual Road documented how authorities generated artificial internet network congestion within Azerbaijan to prevent access to the websites of both RFE/RL’s Azerbaijan Service and the Voice of America’s Azerbaijani services. 

During the Islamic Solidarity Games, there were reports of users having difficulties accessing and using Skype, Viber, and WhatsApp. Only after the games were over, the Ministry of Transport, Communications, and High Technologies issued a statement confirming, “Temporary restrictions to telecom services (Skype, Viber, WhatsApp,etc.), [were] imposed in Azerbaijan as part of security measures during the 4th IslamicSolidarity Games.

Opposition activists say internet service sometimes slows down or stops working completely in the hours before rallies are set to begin. Similarly, residents in neighborhoods where rallies often take place, too have experienced connectivity issues for the duration of these events. In response to these disruptions, local ISPs argue that the connectivity issues are directly linked to the number and density of users gathered in one place during that specific time.

And last but not least, the quality of the internet in Azerbaijan lags behind even its closest neighbors. According to the annual Freedom on the Net report, in Azerbaijan, “the fixed broadband market lacks equality between operators. The absence of regulatory reform also inhibits the development of the sector. Osman Gunduz cites Azerbaijan’s underdeveloped infrastructure as a key obstacle toward attaining greater access and higher connection speeds. And in his most recent Facebook post, Gunduz wrote that the recent disruptions attest to existing problems despite the on-going effort invested in setting up stable information infrastructure in the country over the recent years.

political activist’s partner harassed online [Last update June 17]

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June 17, Amina Rustamzade, wife of activist Ilkin Rustmazade attempted suicide after numerous posts violating her right to privacy [see below]. Rustamzade overdosed herself with sleeping pills. She was taken immediately to a clinical center where doctors were able to stabilize her condition. While her condition is stable, the perpetrator behind the harassment against Amina remains at large. Ilkin Rustamzade wrote on his Facebook, that his wife, received yet another message from the same user with the message “If Ilkin is not silent, then what happened earlier will happen again.”

***

Ilkin Rustamzade is a former political prisoner and activist who spent six years in jail on bogus charges. He was arrested in May 2013 on alleged hooliganism charges. Additional charges – inciting violence and organizing mass disorder in connection with a peaceful protest in 2013 – were added during his pre-trial detention period. Rustamzade was sentenced to eight years in jail in 2014. He was recognized “prisoner of conscience” by International rights watchdog Amnesty International.

Authorities released Rustamzade in March 2019 following a presidential pardon decree. But threats and harassment against him continue.

On April 7, Rustamzade was contacted by this profile on Facebook. The person behind the profile introduced himself as an officer working for the Special Security Services in Azerbaijan. In the brief exchange this person had with Rustamzade, he kept removing all of the messages after they were sent. As a result, there are few screenshots that actually contain any evidence of this person threatening Rustamzade.

In one message, the user tells Rustamzade to stop the campaign the activist started on change.org. The campaign calls on the Azerbaijan authorities to allocate funds for families who have been affected by the global pandemic that has also reached Azerbaijan. When Rustamzade refused to remove the campaign, that is when the person threatened Rustamzade to humiliate him and his family.

Shortly after, a Facebook page (that has now been successfully removed) was set up, with intimate pictures of Rustamzade’s wife Amina Rustamzade and posts using humiliating language.

On April 8, a new Facebook page was set up with similar content. There is also, an Instagram post, that was shared by this account on the social media platform. In addition, his fiance’s profile appears to have been added to an escort website with personal information including phone numbers.

Also on April 8, Rustamzade’s father, Bakir Khalilov was taken by the police when they could not locate Ilkin Rustamzade at his family home. When Rustamzade called to speak with his father, the police interrupted the conversation, took the phone away from the father and told Rustamzade unless he comes to the station, his father will be arrested. When police showed up at his father’s house, they claimed Rustamzade violated quarantine laws by leaving the house without informing the law enforcement. This is a new regulation that was introduced on April 5. Rustamzade moved out on April 2. Three days before the regulation was set in place.

Meanwhile, Rustamzade’s father falls into a threatened group category due to his age and health condition. He just recently had heart surgery.

Although his father has been released since then, Rustamzade is concerned both his father, and himself could be arrested and that threats against his family will continue.

Journalist Khadija Ismayilova wrote her on Facebook that “Police clearly is eager to use these SMS restrictions to harass activists.”

in Azerbaijan SMS notification system grants permission to leave homes [updated]

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As of April 5, residents across Azerbaijan can only leave their apartments having informed local law enforcement via SMS, a phone call or if in possession of a special certificate of employment.

Azerbaijan remains among countries, which haven’t declared a “state of emergency”. Instead, they are referring to new restrictions as part of the “strict quarantine regime”.

How SMS notification system works

Permission to go outside is granted for the following reasons:

  • receiving medical treatment;
  • buying medication or groceries;
  • visiting a bank or a post office;
  • attending a funeral of a close relative

Before leaving, SMS is sent out with a national ID number indicating the reason for going outside. The sender then gets an SMS in response with a code, which can then be used when stopped by the police officers.

There is no further information about the tracking mechanism, its transparency, and whether authorities have developed or relying on a special tracking application to monitor its citizens.

So far, the new restriction has proven to serve the financial interests of the authorities.

Hebib Muntezir, Azerbaijan journalist wrote,


Translation: Yesterday (April 6), a total of 456thousand SMS was sent from 223thousand phone numbers. Of these 284thousand SMS (approximately 62%) were of irrelevant nature. Some received responses immediately, others in half hour, and some in an hour. 6 nationals who have violated the quarantine regime were arrested, 3800 were fined. If we take AZN100 per person that makes AZN380,000 [of collected fines] in just one day. #stayhome

The new fines were introduced on April 3. The fines range from AZN100-200 (USD60-USD120) and include up to a one month administrative arrest.

To understand the potential surveillance implications of this new restriction, AIW spoke to legal expert Emin Abbasov.

“Based on what we know so far, the goal is reportedly to limit freedom of the movement via permission regime relaying users’ requests via mobile devices. However, without knowing whether an SMS can be used to start tracking a mobile device (current assessment indicates that the mechanism in place isn’t used in tracking mobile devices) the notifications are only used to limit freedom of the movement. It is not an application. It is more like an information resource or a system. But the collection of information here is done on compulsory basis, not voluntarily. As a result, this should fall under special legal regime. That is, the issue is very complicated and still unclear. What is clear, however is that when there are limitations on rights and freedoms these limitations fall within the scope of the law on rights and freedoms. What becomes important under these circumstances, is that the emergency decrees issued by the executive authorities that interfere with the rights and freedoms envisaged in the Constitution or International treaties, are required to have a constitutional basis. Another issue is that there are noclear assurances as to whether the information resource (currently in use by the law enforcement) will be destroyed when there is no further need for it. We are yet to see these assurances. And overall, all of the currently adopted decisions are seemingly taken outside of the constitution.

It is indisputable that restrictive measures aimed at combating COVID19 pandemic have a legitimate purpose such as protection of health. However, respect for the rule of law and democratic principles in times of emergency requires that states respect the principle of legality even in an emergency situation. Compliance with the rule of law and democratic principles determines that the restriction of rights and freedoms enshrined in the constitution and international treaties may be limited either by laws (adopted by parliament) or by emergency decisions issued as a result of the extraordinary powers vested in the executive branch by the parliament. However, it is not clear that power of the Cabinet of Ministers in Azerbaijan to issue an emergency decrees that are restricting rights and freedoms are carried out in accordance with those principles.”

So far authorities have warned of further restrictive measures taken if the number of infected cases keeps growing and citizens do not follow through with imposed restrictions.
[Updated] On April 9, Azadliq Radio featured a story where political activist Izzatli Ruslan and investigative reporter Khadija Ismayilova said, requesting permission to leave via SMS, is against the national constitution, article 28 and that together with other representatives of civil society, they intend to take the matter to domestic courts. The right may only be limited in case of the state of emergency, which was not declared in Azerbaijan during the fight against C19.
Izzatli himself was fined in a total amount of 100AZN on the grounds of violating quarantine regimes when he did not provide the permission upon police request. Izzatli was headed to donate blood.
As of May 18, the compulsory requirement has been lifted as Azerbaijan joins the list of countries, slowly opening up.

social media users questioned over coronavirus posts [Last update June 26]

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May 22, member of D18 political movement and administrator of a Facebook page “Say no to corruption”, Jalil Zabitov was arrested and sentenced to five months on hooliganism charges. 

April 22, member of opposition Popular Front party, Arif Babayev was sentenced to 30 days in administrative detention on charges of placing prohibited information online under Article 388.1.1 of the Code of Administrative Offenses.

April 13,  journalist Ibrahim Vazirov with an online video news channel Kanal24 was arrested after police demanded he removes his online posts about the social and economic impact of COVID-19. Vazirov was sentenced to 25 days in administrative detention allegedly for disobeying police.

Several other journalists were detained while reporting on C19. 

April 11, activist Nariman Abdulla sentenced to ten days in administrative detention on the grounds of violating the anti-epidemic, sanitary-hygienic and quarantine regime according to Azadliq Radio. Abdulla was taken by the police, from his house on April 10 in the city of Lankaran. His family members claim his detention is the result of his posts and comments on social media. Abdulla criticized the Minister of Labor and Social Protection over a lack of assistance for the poor families during the quarantine regime.

April 6, political activist Shakir Mammadov questioned over Facebook post then arrested on charges of hooliganism and sentenced to 15 days in administrative detention according to AzadliqRadio report.

Mammadov described his arrest as unlawful. Mammadov said he had informed local police he was going to the pharmacy after having texted a specified number. As soon as he left the apartment, he was apprehended by the local police in the city of Sumgayit and taken to the police station.

There he was asked to remove a Facebook post, where he wrote that during quarantine, people are unable to work, and therefore, have trouble providing for their families. Therefore the authorities should help. When he refused to remove the status, police charged him with hooliganism (according to police protocol Mammadov was stopped on the street for swearing. When the police approached him, they asked him why he was outside without a protective mask and gloves. When Mammadov disobeyed their questions, he was arrested).

April 4, journalist, Tezekhan Mirelemli was questioned over a Facebook post according to local media reports.


Translation: “Friends, today, I was called with an official letter to the Baku City Main Police Department. They wanted to speak with me about a Facebook status I shared after an incident that occurred near Hazi Aslanov metro stop. I gave my explanation and was let go. I would like to say, there was no violence used against me. Some friends, have shared news that I was beaten. I am telling you it is not true. As for the Facebook status – I deleted it. I knew it would be misinterpreted. I wanted to delete the status as soon as I shared it. I did not delete it in the evening because there was some troll activity. I would like to say I had no intention when sharing that Facebook status. I shared it because I wanted to prevent cases of abuse from happening again. I then deleted it because I did not want it to be misunderstood.”

The journalist’s post was about a police officer, according to Azadliq Radio reports but no further details are given.

Mirelemli was convicted on June 19, on hooliganism charges and sentenced to wear an electronic bracelet. The conviction also calls for the journalist’s confinement to his home, between 11pm and 7am every day for the next 12 months. 

***

March 25, police in Azerbaijan, closely monitor discussions on the popular social media platform, Facebook. Some users reportedly are invited for questioning.

The national parliament adopted changes to the law on Information, Informatisation, and Protection of Information, ten days ago, and already, several social media users have been questioned by the police over their posts.

Local authorities are relying on the new article “Violating sanitary hygiene, quarantine and pandemic regimes” when questioning social media users.

On March 21, AIW reported of Ilgar Atayev, who was called in for questioning and charged with article 388.1 of the code of administrative offenses – sharing of prohibited information on the Internet or internet – telecommunication networks. Authorities claim, Atayev, shared information on COVID without quoting official sources and that the information provided was false.

Since then, at least two more cases have been reported.

In another case, Anar Malikov, an opposition activist,  was sentenced to ten days of administrative detention for violating the pandemic regime on March 21. The court decision said Malikov violated the quarantine regime with his social media posts. No such legal liability is specified in Article 211 of the Code of Administrative Offenses.

amendments to the legislation raise alarm in Azerbaijan

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March 18, members of Azerbaijan’s National Parliament approved proposed amendments to the law on Information, Informatisation and protection of Information during the first reading.

A special clause “information-telecommunication network”  and “information-telecommunication network users” were added to article 13.2. of the law. While there are is no definition of what the “information-telecommunication network [and its users]” clause actually means, some media experts and journalists suggested this referred to social media platforms and the users. In Azerbaijan, the Ministry of Transportation, Communication and High Technologies already holds broad powers to block websites, without a court order. If these recent suggestions to the law are approved in the final reading, it would further deteriorate freedom of speech online as social media users, posting content the Ministry may deem as misinformation may be arrested and face charges. 

One parliament member, Ganira Pashayeva, even suggested setting up a special unit that would monitor social media platforms, and hold those spreading rumors accountable. 

On March 21, Ilgar Atayev was called in for questioning and charged with article 388.1 of the code of administrative offenses – sharing of prohibited information on the Internet or Internet – telecommunication networks. According to Meydan TV, an independent online news platform, although Atayev was informed that the charges were sent to court, he does not know what he is facing.

Authorities claim, Atayev, shared information on COVID without quoting official sources and that shared information was false.

The Law on Information, Informatisation, and Protection of Information

This law was first adopted in 1998. On March 10, 2017, a series of restrictive amendments were added to the law, converting the law from a technical regulation into content regulation:

  •  article 13.1.3. create conditions for the regulation of the domain names not with participation of the parties of the internet community, but by relevant Ministry, which contradicts international norms, including ICANN recommendations in this regard;
  • article 13.2.3, all legal and ethical issues previously existing in various laws have been listed as prohibited information and it has been stressed that their dissemination is prohibited;
  • article 13.2.4, when the owner of the Internet information resource and its domain name posts the information, dissemination of which is prohibited or receives an application about that piece of shared information, it guarantees the removal of such information from the information resource;
  • article 13.2.5, when a hosting provider reveals in its information systems some information, dissemination of which in internet information resources is prohibited or receives information about it, it should undertake immediate measures for its removal by the owner of the information resource;
  • article 13.3.3, in cases of existence of real threat for the lawful interests of the state and society or in urgent cases when there is a risk for life or health of people, the access to internet information resource is temporarily restricted directly by the Ministry of Transport, Communications and High Technologies [restriction is applied without a court order. Although an application is made to the court, the decision to close down the online information source remains in force until the court handles the case or the decision is annulled.]
  • article 13.3.6, describes the List of information resources that are “blocked” which is curated and maintained by the Ministry [to this day, no such resource exists however, AIW has a list of online resources that are regularly monitored relying on OONI for blocking]. Independent legal experts believe, this kind of authority is restrictive in nature. Especially as it forces all host and Internet providers are imposed an obligation to prevent access to these resources.

According to the law, the Ministry of Transport, Hich Technologies and Communication is the executive authority deciding on the type of information that is relevant, which websites get blocked and what information must be removed and so on.

coordinated digital attacks against Feminist movement members and LGBT rights activists

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In Azerbaijan, a group of activists was targeted online following a non-violent march organized to mark International Women’s Day. The protest was violently dispersed by the police. Those detained were released after questioning. Last year, a similar attempt was quashed by the police. In October 2019, in an attempt to call on the authorities to take measures to combat drastic growth in the numbers of victims of domestic violence, the protesters were once again violently detained, sustaining physical injuries.

The digital attacks began already on March 8, when women’s rights activist and head of the Feminist Movement of Azerbaijan Gulnara Mehdiyeva and one of the main organizers of the march, realized, someone was trying to break into her Telegram account. Then her Gmail was hacked and much of her archive including photographs and documents were “downloaded” by the attacker. In less than 48 hours Mehdiyeva’s personal Facebook account was hacked. She was removed from several Facebook groups that focus on LGBTQI and women’s rights in Azerbaijan, where she was an “admin”. Then, these groups were compromised, suspended and one was deactivated. Both groups lost thousands of subscribers and content that were shared via the Facebook group page. Next in line was Mehdiyeva’s Protonmail.

Two of the Facebook groups targeted are Minority Magazine [Azerbaijan’s first digital magazine focusing on LGBT rights and issues] and Nefes LGBT Alliance Group.

The groups lost three years’ worth of content as a result of hacking.

Several other LGBTQI activists reported attempts to hack into their social media profiles and emails in correspondence with AIW. One of the activists Javid Nabiyev, shared via his Facebook profile his frustration with the platform itself. In an attempt to get Facebook to verify his account he was given the following response “We reviewed your account, and unfortunately, it is not eligible to be verified”.

This is not the first time, activists are targeted online in Azerbaijan. Sometimes more sophisticated technology is used as well. Facebook remains a popular online platform where journalists, independent and opposition news platforms, activists, dissidents, analysts, and observers share their opinions, publish research, and also organize. As a result, it is closely observed by the authorities. Or as one veteran analyst, Altay Goyushov said in an interview once, “Social networks are the only place where the government checks the public mood”. Not surprisingly, in February 2019, a Social Research Center was set up that “monitors public opinion” and delivers the results to the ruling government. AIW is too closely monitoring – the situation.

As for the LGBTQI community in Azerbaijan, its history is stained with systemic harassment, abuse, torture, arrests, and even death. Some of the community members have fled the country in an attempt to start a new life elsewhere.