Azerbaijan’s 2014 NGO Criminal Case is Terminated, But Questions Remain Over Government’s Intentions

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The Press Service of the General Prosecutor’s Office announced the termination of criminal cases against several non-governmental organizations (NGOs) in Azerbaijan.

The confirmation came after “Azadlig” radio initially reported the development of the 2014 cases. While the authorities remained silent about the specific NGOs under investigation, the news raised concerns and prompted speculations about the government’s motives.

Responding to an inquiry by Meydan TV, the Press Service of the General Prosecutor’s Office acknowledged the termination of criminal prosecutions against certain NGOs involved in the aforementioned case. However, they declined to provide any further details, stating that ongoing investigations into other NGOs were still underway. The press service assured that additional information on the outcome would be made available in due course.

The radio source revealed that the heads of the NGOs implicated in the criminal case had been summoned to the Investigation Department in recent days, where they were informed about the case’s termination. Elchin Sadigov, a lawyer who represented two organizations in 2014, confirmed that one of his clients’ cases had been closed in 2020. However, he refrained from disclosing the organization’s name. Sadigov mentioned that the criminal case against the Open Society Institute Aid Fund remained active, with the organization’s assets frozen and a complaint filed with the European Court.

Sadigov emphasized that the termination of criminal cases was indeed a positive development. Yet, he expressed his reservations about the ongoing proceedings involving the Open Society Institute Aid Fund. According to him, the 2014 criminal case targeted numerous NGOs and donor organizations, and it seemed to serve as a means of harassment against independent NGOs. Prominent figures such as Rasul Jafarov, Intigam Aliyev, Leyla Yunus, and Khadija Ismayil were among those arrested in connection with the case, while Aziz Orujov faced similar charges.

Intigam Aliyev, a former prisoner of conscience and human rights defender revealed that he had neither been summoned nor given the opportunity to petition for the termination of his own criminal case. Aliyev pointed out that the European Court had previously ruled that his arrest had been politically motivated and that the cases filed against his organization were fabricated. He criticized the government for failing to implement the individual and general measures recommended by the court’s decisions. Aliyev’s organization had endured office closures, asset seizures, and defamation campaigns.

Aliyev further questioned the significance of terminating the criminal cases, emphasizing that civil society in Azerbaijan had suffered severe setbacks, with independent media, NGOs, and political parties facing destruction. He asserted that the government viewed civil society, which it could not control, as an enemy. He dismissed the termination of cases against a few select NGOs as a mere attempt to present a façade of reform and dialogue, aimed at repairing the country’s damaged relations with international institutions while turning a blind eye to rampant human rights violations.

Citing recent searches conducted at the homes of Bakhtiyar Hajiyev’s relatives and friends, Aliyev argued that the government’s stance on civil society remained unchanged. He warned that the events of 2014, marked by charges of illegal entrepreneurship, tax evasion, fraud, and abuse of authority against NGOs supported by embassies and operating under service contracts, could recur at any time. Many of these organizations, predominantly comprised of young and critical-minded individuals, have played a vital role in various sectors, and despite lacking official state registration, these NGOs operate legally under service contracts with international organizations and embassies.

Aliyev concluded by suggesting that while the Azerbaijani legislation does not prohibit such activities, government critics involved in such endeavors were potential targets for the authorities. The uneasy atmosphere surrounding NGOs and civil society thus persists, leaving doubts about the government’s true intentions.

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