Report from the Trial Monitoring Project in Azerbaijan 2003-2004

The ODIHR and the OSCE Office in Baku monitored 125 trials related to arrests and detentions following the October 2003 presidential election in Azerbaijan.

This is a report on the first phase of a trial-monitoring programme conducted in Azerbaijan by the ODIHR and the OSCE Office in Baku between November 2003 and November 2004. The programme followed up on the October 2003 presidential election, which sparked violent clashes in Baku between security forces and groups of demonstrators protesting election fraud. The violence led to some 600 detentions, and 125 people, including prominent leaders of opposition parties, were eventually brought to trial on charges related to violence. All of the trials were observed under the programme in order to assess their compliance with national legislation and international obligations.

The report concludes that, while Azerbaijan's laws include the rights required for a fair trial in compliance with international standards, actual legal proceedings are not always conducted in a manner that guarantees their full implementation. It calls on the authorities to take steps to remedy deficiencies observed in trials and to investigate all allegations of torture and ill-treatment.

The report also concludes that some of the 125 trials fell well short of OSCE and other international standards, including the right to legal counsel, the right to an impartial and independent tribunal, the right to a fair hearing, and the right to a reasoned judgement.

Observers also found that law-enforcement officials sometimes used excessive force in making arrests and that the rights of persons in detention were not adequately protected. Of particular concern were extensive, credible allegations of torture and ill-treatment of detainees and the fact that courts accepted evidence said to have been derived through torture and coercion.