18-year-old Emil Mehdiyev repeatedly expressed willingness to perform a civilian alternative to compulsory military service. Instead, he was given a criminal conviction, a one-year suspended prison term, and will be under probation for one year. Seven similar criminal cases against other young men are with Prosecutor's Offices.
Azerbaijan's two known imprisoned conscientious objectors – both Jehovah's Witnesses - have been freed as part of a prisoner amnesty to mark what would have been the late President Heydar Aliev's 90th birthday. Of the two known imprisoned conscientious objectors, Fakhraddin Mirzayev was amnestied on 22 May after eight months' imprisonment and Kamran Mirzayev (no relation) was amnestied on 20 June after three months' imprisonment.
On 2 February 2012, the Council of Europe's Commissioner for Human Rights, Thomas Hammarberg, demanded that the right to conscientious objection to military service should be guaranteed in all parts of Europe. In his blog post, he stated:
"People should not be imprisoned when their religious or other convictions prevent them from doing military service. Instead they should be offered a genuinely civilian alternative. This is now the established European standard, respected in most countries – but there are some unfortunate exceptions."
In August 2009, Azerbaijan has again imprisoned a conscientious objector. On 10 August 2009, conscientious objector Mushfiq Mammedov was detained, and sentenced only one day later, on charges of evading military service (article 321.1). Mushfiq Mammedov is reportedly being held in the Kurdakhani isolation center and has not been given a lawyer. He was once detained in 2006 and given a six-month suspended prison term on the same charges.
HUMAN RIGHTS COMMITTEE
13 – 31 July 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT
Concluding observations of the Human Rights Committee
3 August 2009
14. The Committee remains concerned that no legal provision regulates the status of conscientious objectors to military service (art. 18).
The Azerbaijani Parliament believes that the introduction of a substitute service for conscientious objectors may cause youth to divert from serving in the army in the country.
“Therefore, alternative service should be long-term and its terms should be more difficult than the army service to prevent people to divert from the military service under some pretexts,” Safa Mirzayev, the head of the Azerbaijani Parliament’s Administration, said at a news conference on 27 September.
Submission to the 94th Session of the Human Rights Committee: October 2008
CPTI suggests that in the List of Issues, Azerbaijan be asked what steps it has taken to implement the recommendation made by the Committee on the occasion of its previous report in 2001, that “The State party should ensure that persons liable for military service may
claim the status of conscientious objector and perform alternative service without discrimination.”1
Azerbaijani delegation in the Parliamentary Assembly of the Council of Europe opposes passing a bill on conscientious objection
As part of its commitment to the Council of Europe Azerbaijan agreed to recognise the right to conscientious objection when it joined. However, this has so far not happened. "This Bill must be discussed in Milli Majlis (the Azerbaijani parliament).
B. Conscientious objection to military service
According to a report by Forum-18 News agency, Azerbaijan is still not implementing its commitment to the Council of Europe to legislate for conscientious objection. Samir Huseynov, a 22-years old Jehovah's Witness, is still imprisoned for his conscientious objection to military service.
Huseynov's prosecution and the failure to introduce alternative non-military service violate Azerbaijan's specific commitment to the Council of Europe.