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Azerbaijani government’s respect for religious freedomcontinued to deteriorate in 2015, along with a sharp declinein respect for democratic norms and human rights situation. Over the past year, thegovernment continued to levy penalties for violationsof its repressive 2009 religion law, and also adoptednew legal restrictions on religion. Peaceful religiousbelievers, their defenders, and civil society activistswere detained, fined, and jailed on various charges, the United States Commission on International Religious Freedom (USCIRF) states in its annual report.

According to the USCIRF, registrationrequests from religious groups were delayedor denied and religious groups closed.Based on theseconcerns, in 2016 the USCIRF again placedAzerbaijan onTier 2, where it has been since 2013.

It is emphasized that the Aliyev family, with roots in the Nakhijevanexclave, has dominated Azerbaijan’s politics fordecades.It is reminded that IlhamAliyev has been the president since 2003. The Azerbaijani government is viewed ascorrupt and increasingly authoritarian. Criticism of Azerbaijan’s human rightsrecord by UN human rights bodies, including the UNCommittee against Torture, continued during thereporting period.

It is noted that Azerbaijan’s 2009 religion law is used to limitreligious freedom and to justify fines, police raids,detentions, and imprisonment.The law’s provisionsinclude: compulsory state registration with complexand intrusive requirements; no appeal for registrationdenials; religious activities limited to a community’sregistered address; extensive state controls on thecontent, production, import, export, and disseminationof religious materials; and required state-approvedreligious education to preach, teach religion, or leadceremonies.Individuals or groups violating the religionlaw are subject to administrative fines.In 2010, fines for religious organizations increased 16-fold.

In 2012, the Council of Europe’s Venice Commissionand the OSCE issued a legal opinion finding thatAzerbaijan’s religion law failed to meet its internationalhuman rights commitments.. In 2014, theEuropean Court of Human Rights (ECtHR) found thatthe 2009 law gives authorities “unlimited discretionarypower” to define and prosecute “illegal” religiousactivity.The mandate of the OSCE office in Bakuexpired in December 2015; in a “highly unusual move,” Azerbaijan did not renew that mandate.
Under religion law amendments adopted in October2015, religious groups must file reports with the governmenton their activities and finances, and officialreligion specialists who evaluate materials and testifyat trials must undergo additional state training.

In December 2015, President Aliyev signed intolaw amendments to the religion law, the administrative code, and the citizenship law, plus anew “religious extremism” law.These amendments weremade public only a few days before they were adoptedin parliament, Forum 18 reported. The religion lawamendments limit religious flags and slogans to placesof worship and prohibit Azerbaijani citizens with foreigneducation and non-Azerbaijani citizens from leadingIslamic rituals.Citizens who ignore that ban face aone-year prison term or a fine of US$1,200-3,000; foreignersor stateless persons face jail terms of one to twoyears; those who belong to allegedly extremist groupsor repeat offenders face two to five-year jail terms.

Thenew extremism law grants officials wide powers overallegedly “extremist” activity. Under the amended citizenshiplaw, citizenship can be stripped from those whoare members of allegedly extremist religious groups.Theadministrative code now sets fines for parents who donot send their children to state schools.

The Azerbaijani NGO Legal Protection and AwarenessSociety Public Union compiled a list of 40Muslims jailed as of 2014 for the non-violent practice oftheir faith or advocacy for religious freedom.
MubarizQarayev, a Sunni Muslim imam from theLezgin Mosque in Baku, was arrested in March 2015.TheLezgin Mosque is one of many Sunni Muslim mosquesthe government seeks to close.In October 2015, fiveSunni Muslims (Ismail and his brother ZakariyaMammadov,ShahinHasanov, EldenizHajiyev, and RevanSabzaliev) were convicted for reading the works of Turkishtheologian Said Nursi; four of the five received five yearprison terms, and their lawyers were not allowed toattend the trial’s final session.In March 2015, the secret police arrested Shi’a MuslimJeyhunJafarov, the former host of a TV show aboutIslam; as of late January 2016, he was still jailed on treasoncharges.NuhbalaRahimov, a Shi’a Muslim prayerleader from RahimaHanum Mosque in Nardaran, wasarrested in December 2015.

It is also reminded that the Muslim Unity Movement faces severe persecutions by the authorities. Thegroup’s leader, Imam TalehBagirov, has served time inprison on trumped-up charges that his supporters allege wereimposed “to punish his peaceful religious activities.” InNovember 2015, Bagirov was visiting the Shi’a village ofNardaran when an assault by the policeresulted in the deaths of seven people. Police later detained 14 MUM membersin Nardaran who face possible life terms.As of February2016, a total of 60 MUM members reportedly werearrested.Among those arrested during the Nadaran raidwas MUM leader TalehBagirov, who later sued the governmentfor torture.In February 2016, Bagirov withdrewthis complaint, reportedly to prevent further torture ofother jailed Muslims.
“Muslims in Azerbaijan are subject to special officialrestrictions. Police enforce a 2008 decree that does notallow public prayer outside of mosques,” the authors of the report write.

It is further noted that all Muslim religious leaders are named bythe Caucasus Muslim Board (CMB) and must be citizens educated in Azerbaijan. In2010, the Ministry of Education introduced a schooluniform, in effect banning the Islamic headscarf.In2013, that ban was extended to universities, leading topetitions and unauthorized protests.During the reportingperiod, authorities continued to raid meetings ofSalafis and of readers of Said Nursi, as well as allegedfollowers of the Turkish Islamic leader FethullahGulen.According to the State Department, officials and educatorslost their jobs if they were suspected of ties to theGulenmovement.

According to the USCIRF, residents of the NakhijevanAutonomous Republic face moresevere religious freedom restrictions than elsewherein Azerbaijan.Local Sunni Muslims have nowhere topray.In addition, up to 50 mosques reportedlywere closed. During Shi’a Muslim Ashura ceremonies,police prevented children and students from enteringmosques.Many state employees reportedly are afraid toattend mosque services.The Baha’i, Adventist, and HareKrishna faiths are banned in the autonomous republic.

Summing up, the authors of the report urge the US to press the government of Azerbaijan to allow religiousgroups to operate freely without registration,including amending the religion law’s registration requirements.  It is also offered to urge the Azerbaijani government to agree to visitsby the UN Special Rapporteurs on Freedom ofReligion or Belief, Independence of the Judiciary,and Torture; set specific visit dates; and provide thenecessary conditions for such visits. It is important to encourage scrutiny of Azerbaijan’s violations ofinternational religious freedom and related normsat the UN and OSCE, and urge the OSCE to engage these issues publicly.

The US Commission on International Religious Freedom (USCIRF) is an independent US government advisory body created by Congress. The Commission monitors the freedom of religion in the world and makes policy recommendations for the President, Secretary of State and Congress. Annual Report 2015 is the result of the work of the committee members and its professional staff throughout the year on the documentation of violations in the field and provides independent policy recommendations to the US government.