opposition party boss seeks justice at the European Court of Human Rights

Ali Karimli, the head of the opposition Popular Front Party, and his spouse Samara Seyidova said they are preparing for the European Court of Human Rights, having received no response from domestic courts concerning their home internet connections being cut off since April of last year.  

AIW was documenting Karimli’s case since April 13 when the opposition boss encountered connection issues before a live interview with journalist Sevinc Osmangizi [for the detailed timeline please visit here]. 

Since then, despite numerous attempts, the leader of the Popular Front failed to resolve the problem through domestic courts. Most recently, the ruling of the Baku Appeal Court confirmed previous court decisions, thus ruling against the party head. The court of appeal is the final legal entity to accept and deal with similar complaints. “In such cases, the appeal to the Supreme Court is not expected. This is why we intend to take our complaint to the European Court,” said one of the lawyers defending Karimli in an interview with Azadliq Radio. 

The defendants are the Ministry of Transportation, Communication and High Technologies, Azercell mobile operator, AzQTEL internet provider, the Ministry of the Interior, State Security Service, and the Special State Protection Service. According to Karimli his rights were violated under Articles 6 (right to a fair trial), 8 (right to respect of family and private life), 10 (freedom of expression), 14 (prohibition of discrimination), and 18 (Limitation on use of restrictions on rights) of the European Convention on Human Rights

Karimli’s access to the internet was restored twice since April. Once on January 12 and in May but only briefly, for few hours. Karimli is certain the decision to cut him and his familly off internet is political. Government supporters think otherwise. Siyavush Novruzov, a parliament member, blamed Karimli for not paying his bills on time and laying the responsibility on the government. In the meantime, Azercell, the mobile operator [with ties to the government], said in a statement it does not discreminate among its customers based on their political views. 

But while government representatives and affiliated companies claim otherwise, Karimli and his family members had their rights violated. According to a fact checking platform FaktYoxla Karimli’s case, goes against severeal articles and guarantees specieifed by the national constitution and can be described as an unlawful interference. Specifically, it is against the right to equality and freedom of expression, right to live in safety and privacy. In addition, actions against Karimly contradict the provisions of the Law on Telecommunications, Access to Information and Personal Information and are criminalized by criminal law.

AIW will continue documenting developments in the case of Ali Karimli and the family. 

the tale of blocked websites

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.