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. 

Azerbaijan among top VPN users worldwide according to recent reports

Azerbaijan ranked among the top countries where VPN services were in high demand last year between September and November during the 44-day war between Armenia and Azerbaijan. According to Proprivacy and NordVPN research “global events in 2020 have caused surges in VPN demand, as citizens from Belarus to Hong Kong set out to secure their online privacy and protect themselves from censorship and persecution for their online activities.” Azerbaijan was among the top ten countries where interest in VPN providers spiked in 2020.

Source: https://proprivacy.com/privacy-news/vpn-spikes-2020

“In late September, as the violent clashes between Azerbaijan and Armenia continued to escalate over the Nagorno-Karabakh region, the Ministry of Transport, Communications and High Technologies of Azerbaijan took action to restrict internet access across the country. Extensive social media restrictions were put in place that took down major communications services, including: Facebook, WhatsApp, YouTube, Instagram, Twitter, Zoom, Skype, Messenger,” said the joing report.

In a different report Azerbaijan was once again among the top countries where the biggest increase of VPN usage was recorded. “On September 29, NordVPN saw online privacy tool usage increased by 148 times due to internet access restrictions,” said the report. 

Not surprisingly, NordVPN, a Lithuanian by origin, was among the top targeted providers by pro-government media outlets, which said the service was owned by Armenians and therefore users in Azerbaijan should avoid using this provider.  

Finally, Surfshark, analyzed 185 countries and their social media blocking practices from 2015 to the present day. There Azerbaijan is ranked among the most recent cases of social media blocking [Surfshark too was discredited by Azerbaijan media outlet as being allegedly owned by Armenians, even though the company is registered in BVI. You can check out it’s ranking here.] 

Source: https://surfshark.com/social-media-blocking

On November 10 Azerbaijan and Armenia signed an agreement to end the active phase of fighting. On November 12, the government lifted the blocking and access to all social media platforms.  

For disruptions observed throughout the 44 days read this timeline. For the country ranking in Internet Freedom, you can read the most recent report on Net Freedom by Freedom House here.