WASHINGTON—On the traditional holiday of Nowruz, Helsinki Commission leaders called on the Azerbaijani government to immediately release all remaining political prisoners and honor its OSCE commitments to human rights, democracy, and the rule of law. “It is disappointing that President Aliyev released only a small number of political prisoners among several hundred pardons he issued prior to Nowruz,” said Helsinki Commission Chairman Sen. Roger Wicker (MS). “OSCE participating States commit to respecting freedom of expression, including the freedom to exchange information and views without interference from public authorities. The Government of Azerbaijan should uphold this commitment by releasing opposition figures, civil rights activists, journalists, and religious leaders who are currently in jail for peacefully exercising their rights. This is particularly true in the case of former presidential candidate Ilgar Mammadov, who recently entered his fifth year in prison on politically-motivated charges.”  “President Aliyev’s pardons left dozens of human rights activists, journalists, and political dissidents languishing in prison and subject to mistreatment,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04). “I call on President Aliyev to respect human rights and democracy in his country and immediately release all prisoners of conscience.” In 2016, the Government of Azerbaijan pardoned 148 inmates in the days leading up to Nowruz, including more than a dozen people identified as political prisoners by leading human rights organizations. This year, the Government issued pardons to more than 400 prisoners, but only four political prisoners were freed.

WASHINGTON—In a recent letter to Azerbaijan’s President Ilham Aliyev, Helsinki Commission Chairman Rep. Chris Smith (NJ-04) expressed deep concern about the country’s September 26 constitutional referendum, which proposes changes that would undermine Azerbaijan’s international obligations to protect democracy. The bipartisan letter urging President Aliyev to reconsider holding the referendum and to live up to his government’s commitment to human rights was also signed by Helsinki Commissioner Rep. Joe Pitts (PA-16) and Rep. Adam Schiff (CA-28). “By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people,” the Members of Congress wrote. “We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability.” Proposed changes to Azerbaijan’s constitution include extending the presidential term from five to seven years; removing the age limits for holding elected office; providing immunity for vice presidents; allowing the president to dissolve the national assembly and call early elections; and reorganizing the presidential line of succession. The Government of Azerbaijan has already faced international criticism for its crackdown on journalists, activists, opposition politicians, and members of religious minorities.  The referendum would further restrict fundamental freedoms by placing limits on freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” “The upcoming referendum creates a grave crisis of legitimacy,” the letter read. “Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable.” In December 2015, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act, a bill that would deny U.S. visas to senior members of the Azerbaijani government until such a time that Azerbaijan makes substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. The full text of the letter is below. September 8, 2016 His Excellency Ilham Aliyev President of the Republic of Azerbaijan Presidential Palace Istiglaliyyat Street 19 Baku, AZ 1066 Dear President Aliyev, We write to you to express our deep concern regarding Azerbaijan’s upcoming constitutional referendum on September 26, 2016. We believe that the proposed changes to the constitution and the means for adopting them will undermine your government’s international obligations to protect democracy and human rights. By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people. We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability. Shortly following independence, the Government of Azerbaijan in 1992 joined the Organization for Security and Cooperation in Europe (OSCE) thereby expressing its commitment to the protection of fundamental rights and freedoms as one of the basic purposes of government. We regret that in the years hence Azerbaijan's human rights record fails to reflect this commitment. Time and again, the credibility of Azerbaijani elections has been marred by credible reports of ballot stuffing and irregularities with vote counting, as well as limitations on freedom of expression and freedom of association. These troubling precedents motivate our concern about the upcoming referendum. If successful, the vote would change the constitution to extend the presidential term from five to seven years, remove the age limits for holding elected office, provide immunity for vice presidents, allow the president to dissolve the national assembly and call early elections, as well as reorganize the presidential line of succession. Additionally, it would subject fundamental rights to vaguely worded restrictions, circumscribing freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” We are deeply concerned that Azerbaijani voters are being asked to consider such consequential changes to Azerbaijan’s constitutional framework in a climate that makes free debate all but impossible. In recent days, it has been reliably reported that a number of political activists campaigning against the referendum and several journalists have been detained on trumped-up charges and some have faced mistreatment and torture at the hands of authorities. Even before the latest round of arrests and intimidation, half a dozen journalists were already in jail, Radio Free Europe/Radio Liberty has remained closed since December 2014, and other independent journalists and media outlets faced official harassment. The upcoming referendum creates a grave crisis of legitimacy. Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable. We urge you to reconsider this constitutional referendum and to re-invigorate your government’s flagging commitment to promote the freedom and dignity of its people by ceasing all harassment and proceedings that target political activists and journalists who peacefully express their visions for Azerbaijan. We are inspired by the example of these brave voices and hope that your government will recognize that Azerbaijan’s strength and stability derives from the liberty of its people. Sincerely, Christopher H. Smith Member of Congress Joseph R. Pitts Member of Congress Adam B. Schiff Member of Congress           

WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.  While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

The Washington Post Don’t let Azerbaijan use political prisoners as props By Khadija Ismayilova Khadija Ismayilova is an investigative journalist and contributor to Radio Free Europe/Radio Liberty’s Azerbaijani service. She has been imprisoned in Azerbaijan since December 2014. I am writing this letter from jail in Baku, Azerbaijan, where I’m serving a 7½ -year sentence for a crime I never committed. I am a journalist and my only “crime” was to investigate high-level corruption within the government and family of Azeri President Ilham Aliyev . Aliyev inherited power from his father in 2003 and changed the constitution in 2009 so he could stay in power indefinitely. He has been called an enemy of the press by international watchdogs, while abusing other fundamental freedoms and violating people’s right to truth and decency. Aliyev is in Washington this week to attend the Nuclear Security Summit that began Thursday. To get an invitation to this event from President Obama, he had to pardon several political prisoners. A lthough they have been released from jail, they remain confined within the country, barred from leaving, and justice has not been restored. This is a very costly invitation for Aliyev, who for years refused to accept international pressure or criticism on this issue. His response was, always, that Azerbaijan doesn’t have political prisoners. In December, Rep. Christopher H. Smith (R-N.J.) introduced the Azerbaijan Democracy Act to recognize Azerbaijan’s violations of human rights and freedoms and to hold individual officials accountable. It must pass. But why were some of the political prisoners suddenly set free? What has changed? Aliyev needed these prisoners so that in exchange for their release, he could shake hands with Obama or get a loan from the World Bank to finance his failing currency and crippled economy after the sudden fall of oil prices. Aliyev is shamelessly trying to use political prisoners as bargaining chips to advance his foreign policy agenda. And they are supposed to be happy that they were freed. I am happy — very happy — that some political prisoners have been released. But their fights, and mine, are not over. I am not a toy to be exchanged for diplomatic gain by Baku or Washington so that officials can continue to pretend that it is business as usual. We are hostages of the regime, whether we are inside or outside of prison. Freedom is my universal and constitutional right, and Aliyev failed to protect it as the head of state. I am not going to ask to be pardoned for a crime I never committed. I am free even now, in jail, and my freedom is not for sale. So President Obama, please ask President Aliyev to stop muzzling the independent media and civil society. Ask him to explain the billions of petrodollars wasted on white-elephant projects for the benefit of a few. Ask him when he is going to hold free and fair elections. Ask him when he is going to let all the political prisoners go free. Ask him when fundamental freedoms can become a right, in practice — not a gift that he can give or take away. I asked these questions, and I ended up in jail. These are important questions. They must not go unanswered. And we will fight until justice is fully served.