blogger accused of disobeying police

Nurlan Jafarli, an Azerbaijani blogger was sentenced to 15 days in administrative detention for disobeying police and petty hooliganism according to reporting by MeydanTV. 

Jafarli was arrested during a protest outside the Ministry of Justice on March 30. According to the reports, Jafarli, who was among the journalists covering the protest, shared via his Facebook an inquiry addressed to the Ministry of the Interior and the spokesperson for the ministry. In the post shared on the social media platform, Jafarli wrote about police violence the blogger was subject to while filming the protest for an online YouTube channel, Time TV, and that as a result, his phone was broken. “The officer you see in the video first hit me, then knocked me to the ground. As a result, I dropped my phone and cracked the screen […] I personally promise in front public that either the police officer will contact me and fix my phone himself, or I will be arrested on the grounds of using violence against a police officer.”

Jafarli, freelances for various online television channels. 

The Ministry of the Interior alleged Jafarli was arrested for interrupting police and acting outside journalism ethics.

political activist arrested over social media post

Member of the opposition Popular Front party, Zaur Usubov, was arrested on February 21 and sentenced to 25 days in administrative detention according to reporting by Turan News Agency. The activist was officially charged with an all too common article – resisting police. 

Popular Front said, Usubov, was arrested over critical of the authorities’ social media posts, and that the charges leveled against the member are bogus. 

According to Turan News Agency, Usubov is the sixth party member arrested this year [2023] so far. Five of them, including Usubov, were handed administrative detention while another member is facing criminal charges while the investigation is ongoing. 

Police in Azerbaijan is accustomed to resorting to physical measures against civic activists who are critical of the authorities online. As documented by Az-Net Watch, there have been scores of similar examples in the past.  

police arrests opposition activist over critical social media posts

According to Turan News Agency, a member of the opposition Popular Front Party Elnur Hasanov was sentenced to 30 days of administrative detention over critical posts shared on social media. 

The press service of the Ministry of the Interior refuted the claims the arrest of the activist was political.

Scores of political activists have been facing pressure, arrests, and detentions in recent months in Azerbaijan over their comments, and posts on Facebook. In May 2022, AIW published a legal analysis of content regulation in Azerbaijan. At the time, an uptick in cases in which social media users faced punitive measures by the Prosecutor’s General Office for their online activism indicated that the Office has taken on a temporary role of taking measures against activists, journalists, and media within the scope of laws on information and media. But continuing involvement of the Office in handing out fines and warnings may indicate that in addition to punitive measures, there is a plan to introduce legal measures on social media platforms. 

police briefly detains a member of an opposition party over social media posts

Police in Baku detained a member of the opposition Popular Front party over social media posts according to reporting by Turan News Agency. Emin Akhundov was taken from his home on October 31 wrote Akhundov’s father on his Facebook. “Extraordinary things are happening in our country. Yesterday evening at around 19.30, two people from the Absheron district police department came to us, looking for my son (Emin Akhundov). I asked what was going on, and they said it was a minor issue, and that my son would be back home shortly.” Emin Akhundov was let go the next day according to members’ statements shared on Facebook. 

It was not immediately clear what post or posts were the cause for Akhundov’s arrest. In a Facebook post, Emin Akhudnov shared shortly after his release, the activist did not share any additional information only that he was released and that he will continue his activism. Other members of the Popular Front Party took Akhundov’s detention as continued pressure against the party, especially in light of the recently organized protest in the capital Baku. 

 

political activist arrested over a question asked during live online discussion

Magsud Aliyev, a political activist, was arrested on August 16 and sentenced to 30 days in administrative detention on charges of disobeying police according to local media reports. Speaking to Turan News Agency, Aliyev’s father, Faig Aliyev, said the family was not aware of their son’s arrest until they heard it from his friends, days later. 

Aliyev, reportedly asked a question during a live debate on August 12 with the leader of an opposition political party Popular Front, Ali Karimli about Ilham Aliyev and his general intentions. “If you have noticed, Aliyev most recently has been using terms like ‘foreign powers’ similar to the narrative often used by President Erdogan. He has also changed his style, wearing more tight clothes like President Zelensky. What do you think Aliyev is trying to do?” asked Aliyev during the Q&A session. 

A human rights organization, “Line of Defense” condemned the arrest of the activist. The managing director of the organization, Rufat Safarov said there is no doubt Aliyev was arrested because of the question he asked during the debate. “We suspect he was humiliated, beaten, and subjected to ill-treatment during detention. We will have more details soon once the lawyer, visits Aliyev,” Safarov told Meydan TV. 

Aliyev is known to share critical of the government posts on social media platforms according to Meydan TV reporting. 

Meanwhile, the Ministry of Internal Affairs dismissed the claims that the activist was arrested for the question. 

police demands arrest of a political activist [Updated September 5]

[Update] On September 5, a local court sentenced Rahimova to 460hours of community service. Rahimova’s lawyer said they will be appealing the decision. 

Gulnara Rahimova is a member of the opposition Popular Front party. On August 11, Rahimova shared a Facebook post in which she described how she was unlawfully detained while on her way to a protest on July 19. Together with Rahimova was another activist, Aziz Mamiyev who was beaten by the police during detention. The two were among several other activists detained by the police that day. “Today I have obtained the picture of one of the law enforcement officers involved in the beating [of Mamiyev]. I am sharing it so that everybody sees him,” wrote Rahimova. The officer in question has filed a complaint against Rahimova, on charges of slander and insult based on that Facebook post. 

Rahimova said in her defense that the post she shared on Facebook was not insulting or slanderous and that the charges and the accusation brought by the police officer are to silence her activism. According to Turan News Agency, Rahimova is an outspoken critic of the state and has faced persecution before.

A non-governmental organization “Line of Defense” said in an interview with Turan News Agency there was nothing slanderous in the Facebook post the political activist shared. “And she holds no responsibility over comments, that were made in response to her Facebook post,” told Turan News Agency, member of the organization, Zafara Akhmedova.

On August 24, during the preliminary hearing, a local court accepted the police officer’s complaint as a private criminal charge against Gulnara Rahimova. Moreover, her charges were aggravated. Thus, article 147 (slander) was reclassified to 147.2 (slander of a serious crime), which could land Rahimova up to a 3-year prison sentence.

 

activist exposing fake accounts on social media arrested, facing up to 12 years behind bars [with updates]

Razi Alishov was detained on May 28 in the city of Ganja. Two days later, the political activist and member of the opposition Popular Front party, was charged with Article 234.2 of the Criminal Code [Illegal purchase or storage with a view of selling, manufacturing, processing, transportation, transfer or selling of narcotics or psychotropic substances] and sentenced to two months in pretrial detention. 

The opposition Popular Front party considers the detention and the grounds for Alishov’s arrest, political. According to the party, Alishov often exposed fake social media accounts deployed by the state, targeting the party, reported Turan News Agency on May 30. The activist also often identified stolen or hijacked social media accounts of opposition activists.  

While the Ministry of the Interior has confirmed the arrest of the political activist, it has denied that the motives behind the arrest are political. Noting the party member’s arrest, the leader of the Popular Front, Ali Karimli said the arrest was part of the rotating door policy referring to a number of recently released political prisoners and the need to “fill out the emptied spots in prisons.” 

On May 27, President Ilham Aliyev signed a presidential pardon decree. Among 168 prisoners released were also several political prisoners, reported Meydan TV.

On June 2, the appeal court in the city of Ganja reviewed Alishov’s complaint appeal where the activist was informed that the original charge of drug possession was aggravated to Articles 234.4.1 and 234.4.3 of the Criminal Code [Manufacturing, purchase, storage, transfer, transportation or selling the drug by a group of persons or organized group with a view of illegal manufacturing and processing of narcotics or psychotropic substances].

Relevant articles of the penal code

Article 234. Illegal manufacturing, purchase, storage, transportation, transfer, or selling of narcotics, psychotropic substances;

234.1. Illegal purchase or storage without a purpose of selling of narcotics or psychotropic substances in a quantity (amount) exceeding necessary for personal consumption – is punished by imprisonment for a term up to three years.

234.2. Illegal purchase or storage with a view of selling, manufacturing, processing, transportation, transfer, or selling of narcotics or psychotropic substances – is punished by imprisonment for a term from three up to seven years with confiscation of property or without it.

234.3. Manufacturing, purchase, storage, transfer, transportation, or selling drugs with a view to illegal manufacturing and processing of narcotics or psychotropic substances – is punished by imprisonment for a term up to three years with confiscation of property or without it.

234.4. The acts provided by articles 234.2 and 234.3 of the present Code, committed:

234.4.1. on preliminary arrangement by group of persons or organized group;

234.4.2. repeatedly;

234.4.3. in large amount – is punished by imprisonment for the term from five up to twelve years with confiscation of property.

 

Political activist sentenced to ten years in jail

Member of a political opposition party Agil Humbatov was sentenced to ten years in jail after criticizing the president on Facebook. In a court ruling on November 15, Humbatov was charged with Article 126.2.4 of the Criminal Code – intentionally causing harm with an intent to commit hooliganism. The prosecutor alleged Humbatov, stabbed a man. According to Turan News Agency, the prosecutor said Humbatov stabbed Yaman Mammadov. 

Humbatov was detained on August 11 this year.

In his defense, the political activist, who is a member of Popular Front, said charges against him were bogus. The real reason behind his sentence was his social media posts and videos in which the activist was critical of the government, namely President Ilham Aliyev. 

In his most recent video, Humbatov complained of lack of employment opportunities and that with three children and lack of local government support, he had no other choice but to collect cardboard from waste. 

Previously, Humbatov was confined to treatment at a psychiatric clinic over his criticisms against the authorities online. He was also detained in March 2019 and sentenced to 30 days in administrative detention.

member of opposition party sentenced to 30 days [Update April 5, 2022]

[Update] On March 31, Shahin Haciyev was sentenced to six years on bogus drug possession charges. Haciyev was arrested in November of last year. Speaking in court, Haciyev’s lawyer said the charges were unsubstantiated and that he will be appealing the court’s decision, according to reporting by Meydan TV. The opposition Popular Front Party condemned the sentence, calling the charges false and stressing that the arrest was connected to Haciyev’s criticism of the authorities on social media. In February, two other members of the Popular Front Party, Gulnara Rahimova and Matanat Mahmarzayeva (Turan) were questioned by the police over their social media posts. 

On March 19, a member of the opposition Popular Front party, Shahin Haciyev was sentenced to 30 days administrative detention. According to Azadliq Radio, Azerbaijan Service for Radio Liberty, Haciyev was taken from his home in the city of Ganja on March 17. Two days later, a court sentenced Haciyev to 30 days administrative detention. According to the radio service, his charges are unknown. 

The party spokesperson in an interview with Azadliq Radio said Haciyev’s arrest is directly linked to his political activism and criticism of authorities online. “He was a staunch critic of the regime. This is why he was arrested in January 2021 and sentenced to 25 days in administrative detention for disobeying authority – Article 535.1 of the Code of Administrative Offenses.”

The Ministry of the Interior has not yet responded.