A/HRC/32/36/Add.3
Observations
Responses to communications
485. The Special Rapporteur thanks the Government of Azerbaijan for responding to all
the communications sent during this reporting period.
486. The Special Rapporteur welcomes the recent release of several prominent human
rights activists. On 17 March 2016, Mr. Rasul Jafarov and Mr. Anar Mammadli were
released as part of a presidential pardon, and no more charges are reportedly pending
against them. On 28 March 2016, Mr. Intigam Aliyev was released after the Supreme Court
decided to convert his 7.5-year prison sentence to a five-year suspended term. On 25 May
2016, the Supreme Court released Ms. Khadija Ismail on a 3.5-year probation with a 2-year
ban on professional activities (she spent 1.5 years in prison). The Special Rapporteur calls
on the authorities to lift this ban.
487. Regarding the case of Ms. Leyla Yunus and Mr. Arif Yunusov, the Special
Rapporteur welcomes the suspension of their sentence and their subsequent release from
detention. However, he remains concerned at the charges that remain outstanding against
them, and the limited nature of their freedom. Furthermore, he remains very concerned for
their health conditions, which are reported to have seriously deteriorated during their period
in detention, with allegations of the failure to provide them with adequate and independent
medical assistance whilst detained.
488. In relation to the case of the journalist, Mr. Rasim Aliyev, the Special Rapporteur
strongly condemns the killing of Mr. Aliyev and acknowledges receipt of the Government’s
reply of 30 October 2015 (AZE 4/2015). He expresses grave concern that Mr. Aliyev was
killed for his journalism and for exercising his right to freedom of association and freedom
of expression and opinion. The Special Rapporteur appreciates the information provided by
the Government in relation to the ongoing investigation into Mr. Aliyev’s killing and would
appreciate an update on the outcome of the investigation, including whether anyone has
been held accountable for his killing.
489. The Special Rapporteur remains serious concerned about several dozens of
individuals still in detention because of the exercise of their rights to freedom of peaceful
assembly and/or association. He urges the authorities to release them without delay, drop all
outstanding charges against them and lift all the restrictions imposed on them. He further
urges the authorities to bring its legislation regulating the operations of, and use of foreign
funds by, NGOs in compliance with international human rights norms and standards.
490. In this regard, the Special Rapporteur reminds the Government of Azerbaijan of its
positive obligation to ensure that civil society, including human rights defenders and
political activists, can carry out their legitimate work free in a safe and enabling
environment without fear of threats or acts of intimidation, harassment or assassination of
any sort.
Country visit
491. The Special Rapporteur thanks again the Government of Azerbaijan for its
invitation, and hopes to be able to undertake a visit in September 2016.
France
492. JOL 28/12/2015. Case no. FRA 7/2015. State reply: 26/02/2016. Analyse de la loi n°
2015-1556 du 30 novembre 2015 relative aux mesures de surveillance des communications
électroniques internationales et de la loi n°2015-1501 du 20 novembre 2015 prorogeant
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