The Social Justice Center believes that the decision of the Immigration Department of the Ministry of Internal Affairs to deny international protection and humanitarian status to Azerbaijani journalist Afgan Sadigov is illegal, arbitrary, and unjustified. We are appealing this decision in court on behalf of Mr. Sadigov. The Social Justice Center urges the court to grant international protection to the journalist, to preventi his extradition to Azerbaijan, where he faces real and significant risks of political persecution, torture, or inhumane treatment.

It is also important to note that Sadigov, currently in extradition custody, has been on a hunger strike for 26 days, and his health condition is serious and concerning. His family, - his wife and young children who live alone in Tbilisi, - are also receiving severe threats and are at risk.

Main Factual Circumstances Related to the Case

Afgan Sadigov is an Azerbaijani journalist and the editor-in-chief of the online media outlet Azel.Tv. For years, he has been actively reporting on corruption among high-ranking officials in Azerbaijan, as well as on various crimes and social issues.

Due to his critical stance towards the government, representatives of the Azerbaijani authorities urged Afgan Sadigov to cease disseminating information, threatening him with retribution if he did not comply. Despite these threats, he continued his journalistic activities. Consequently, Sadigov was arrested twice in Azerbaijan: first in 2016 (on charges of assaulting an unknown person), and then in 2020 on charges of extortion, for which he was sentenced to five years in prison (after his release in May 2018, he was also detained administratively three times). An analysis of the circumstances of these criminal cases indicates that the prosecutions were unfounded and aimed primarily at punishing him. After spending more than two years in prison, Sadigov was released in May 2023 under a presidential pardon. During his imprisonment, he went on a hunger strike for 242 days, which severely damaged his health and led to serious illnesses. Sadigov recalls experiencing inhumane treatment by the prison administration during his hunger strike.

Following his release from the institution, Sadigov arrived in Georgia on December 24, 2023, where he received treatment and rehabilitation with the help of one of the international organizations. Later, he briefly returned to Azerbaijan but soon returned to Georgia again due to high security risks. His wife and young children joined him in Georgia on July 14, 2024.

Throughout this period, Sadigov continued his journalistic activities, which, apparently, the Azerbaijani authorities found unacceptable, leading them to seek further retribution against him.

On July 17, 2024, Sadigov announced that he and his family planned to travel from Georgia to a third country via Turkey. However, Georgian police prevented him from passing border control, stating - without legal justification - that the only country he could travel to from Georgia was Azerbaijan.

In comments to the media, Afgan Sadigov stated that, to his knowledge, there was no ongoing criminal investigation against him in Azerbaijan. However, he suspected that Azerbaijani authorities might be fabricating a case against him to demand his extradition from Georgia. During this time, Sadigov also reported threats from local law enforcement against his family members who remained in Azerbaijan.

A few days later, on August 3, 2024, the Ministry of Internal Affairs of Georgia suddenly arrested Afgan Sadigov based on an extradition request by the Republic of Azerbaijan. According to Azerbaijani authorities, he is wanted for threats and extortion. Sadigov, however, claims that the case against him is unsubstantiated and fabricated.

On August 4, 2024, the Tbilisi City Court sentenced Afgan Sadigov to a three-month extradition detention based on a sample court statement.

As soon as he was arrested, on August 3, Afgan Sadigov applied for international protection in Georgia, but the application was not registered in the Zahesi N1 temporary detention facility. On August 5, 2024, he once again lodged a similar application in the N8 penitentiary institution of the Special Penitentiary Service. But considering that his applications for international protection had not received a proper response, on August 6 and 8, 2024, Sadigov’s lawyer addressed the Migration Department of the Ministry of Internal Affairs with a written statement and requested a response.

Afgan Sadigov believes that he would be a victim of political persecution, torture, and inhumane treatment if extradited to Azerbaijan. He also pointed out that the investigation against him in Azerbaijan is solely due to his critical journalistic activities and has a political basis.

On September 3, 2024, the Migration Department of the Ministry of Internal Affairs prepared questionnaire for an asylum seeker. On September 13, 2024, the Migration Department drew up the protocol of the status determination interview. However, in very hasty and sudden way, without proper processing of the case materials, a decision was made on September 16 to refuse to grant refugee/humanitarian status.

Irrationality and Inconsistency with Reality of the Decision of the Migration Department of the Ministry of Internal Affairs

According to the assessment of the Migration Department of the Ministry of Internal Affairs, even though Afgan Sadigov is being prosecuted in Azerbaijan, this does not constitute “persecution due to political considerations” as mentioned in the Convention. Moreover, the department believes that Afgan Sadigov will not be prosecuted in Azerbaijan in a discriminatory manner, nor will disproportionate punishment be used. The department concluded that there are no individual circumstances in the case of Afgan Sadigov that would create risks of torture, inhumane, or degrading treatment in the event of his arrest and detention in Azerbaijan.

The department’s conclusion directly contradicts the factual circumstances of the case, which prove that Afgan Sadigov has been a victim of criminal and administrative legal prosecution for years due to his professional activities. If Sadigov is extradited to Azerbaijan, he will again be at risk of political persecution and torture or inhumane treatment. Unfortunately, the Migration Department did not properly investigate the factual circumstances presented by Mr. Sadigov. Among them are the statements of international organizations (US State Department^[1], Ministry of Foreign Affairs of the Netherlands^[2], Amnesty International^[3], Human Rights Watch^[4]), which have considered him a political prisoner and demanded his immediate release.

The assessment by the Migration Department that there are no mass violations of human rights in the Republic of Azerbaijan, or that the conditions in prisons and the treatment of prisoners do not reach the level of inhumane and improper treatment, is completely unfounded and directly contradicts the information obtained by the department itself about the country of origin, where  is indicated that in Azerbaijan, the rights of journalists and activists critical of the government are often violated. This reasoning also contradicts a number of international reports that point to the persecution of political prisoners and the poor conditions and treatment in prisons.

The plight of activists, journalists, and opposition politicians in Azerbaijan, including the systematic practice of torture and inhumane treatment during detention and imprisonment, cases of fabricated criminal prosecution, politicization and corruption of the courts, and threats and pressure on activists, journalists, and their family members, is confirmed by more than one authoritative international report, including:

US State Department Report (2023)

The US State Department's 2023 report lists a number of problems with the human rights situation in Azerbaijan, including: torture and cruel, inhuman, or degrading treatment or punishment by members of the security forces; harsh and sometimes life-threatening prison conditions; arbitrary detention; serious problems with the independence of the judiciary; political prisoners and detainees; transnational repression against individuals outside the country; arbitrary or unlawful interference with privacy; punishment of family members for alleged offenses by a relative; serious restrictions on freedom of expression and media freedom, including violence against journalists, unjustified arrests or prosecutions of journalists, and enforcement of criminal defamation laws to limit expression; serious restrictions on internet freedom; a de facto ban on the right of peaceful assembly and substantial interference with the freedom of association;  restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on domestic and international human rights organizations. The US State Department's report also mentions the high number of political prisoners. As of December 1 of last year, 254 political prisoners were detained in Azerbaijan. Among the political prisoners are representatives of the academic circle, defenders of democracy and human rights, journalists, bloggers, representatives of opposition political parties, and religious minorities. The report indicated that arrests in trumped-up cases were one of the government's methods of intimidating activists.

The US State Department report also described that judges are not functionally independent from the executive branch. The judiciary is largely corrupt and lacks independence. During the reporting period, most of the judgments were legally unfounded and largely unrelated to the evidence presented in the case.

The Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

The CPT of the Council of Europe publicly published its report on Azerbaijan (2022) after the authorities refused to cooperate with them directly. The statement of the President of the Committee against Torture indicated that the reason for this special decision to make a public statement is the direct refusal of the Azerbaijani authorities to cooperate with the CPT. No action has been taken by the Ministry of Internal Affairs of Azerbaijan to implement the committee's long-standing recommendations and end such practices. This is a fundamental and unprecedented violation of the European Convention on Human Rights.

The CPT stated that torture and other forms of physical ill-treatment by police and other law enforcement agencies, overall corruption in the law enforcement system, and impunity remained systemic problems. According to the Committee's assessment, officials refuse to take appropriate measures to eliminate torture and physical ill-treatment by law enforcement agencies in the country. In doing so, the Azerbaijani authorities are sending a message that ill-treatment, including torture, is being relished, - the Committee stated.

Freedom House (2024)

According to Freedom House, civil society in Azerbaijan is constantly subjected to intimidation and pressure from law enforcement. Arrested activists are victims of ill-treatment and unfounded accusations. Journalists also face violence, intimidation, threats, and unjustified imprisonment.

The recent Freedom House report indicates that the judiciary remains under the influence of the executive branch and often makes biased decisions against government critics. Judges frequently cooperate with prosecutors, law enforcement, and security agencies to suppress dissent. It was also revealed that the government limits medical assistance to political prisoners with serious health conditions.

Amnesty International (2023)

Amnesty International describes a similar situation. According to the organization, in 2023, cases of violence, harassment, and arbitrary arrests against journalists, media representatives, and human rights defenders, who were critical of the government, increased. Azerbaijani human rights organizations report that the number of prisoners persecuted for political reasons has doubled compared to the previous year, reaching more than 230 people.

The report also mentions that under the current government, several activists, opposition politicians, and journalists living in Georgia, who are critical of the Azerbaijani government and face persecution, have indicated a high risk of persecution, torture, ill-treatment, and punishment in their home country. Despite this, the Georgian government has refused to grant them international protection status.

Helsinki Committee (2024)

Netherlands Helsinki Committee, in a statement dated March 8, 2024, expressed serious concern over recent incidents in Azerbaijan. Particularly troubling was the police raid on the office of the independent media outlet Toplum TV and the subsequent arrest of many independent journalists and civil society activists. The ongoing crackdown on freedom of expression in Azerbaijan is deeply concerning and must stop immediately.

Thus, it is evident that the Migration Department of the Ministry of Internal Affairs made an unjustified and illegal decision in the case of Afgan Sadigov. Despite the data and facts presented by the applicant, including direct findings from authoritative international organizations, which confirm that the journalist was a victim of political persecution and punishment in 2018 and 2020, and that the general context towards critical journalists, activists, and politicians in Azerbaijan is hostile and repressive, the Migration Department arbitrarily concluded that Afgan Sadigov would not become a victim of political persecution, torture, and inhumane treatment in Azerbaijan. Unfortunately, such explanations from the Migration Department reveal the political interests of the Georgian government and the clearly biased approach of the agency on this issue.

The Obvious Political Loyalty of the Georgian Government to the Azerbaijani Government

After the start of punitive measures in Azerbaijan in 2014, many Azerbaijani activists and journalists fled the country to avoid persecution. Many sought refuge in Georgia, but especially after 2016, due to close and illegal relations between the authorities of Azerbaijan and Georgia, these activists, journalists, and politicians faced significant security risks. There have been multiple instances of refusal to enter the Georgian border, denial of residence permits, improper investigation of violence in Georgia, and refusal of international protection. Analysis of individual cases suggests that the Georgian government shows political loyalty to the Azerbaijani government, often engaging in informal and illegal cooperation between the law enforcement agencies of both countries, which contradicts the highest standards of human rights protection. Consequently, many critical journalists who hoped Georgia would be a safe place for them to continue their work and lives have left the country. This period marked Georgia as an unsafe and vulnerable state for foreign activists.

The practice of illegal and anti-human rights cooperation between the authorities of Georgia and Azerbaijan was clearly demonstrated in the case of the illegal and violent kidnapping of Azerbaijani journalist Afgan Mukhtarli from Georgia. Mukhtarli disappeared from Tbilisi on May 29, 2017, and on May 30, it was revealed that he was arrested in Azerbaijan on charges of illegal border crossing and currency smuggling. Mukhtarli believes that his abduction from Georgia and transfer to Azerbaijan occurred on the orders of the founder of “Georgian Dream,” Bidzina Ivanishvili. The fact of his abduction remains uninvestigated even after seven years in Georgia. On September 5, 2024, the Strasbourg Court published its decision on Mukhtarli’s case, finding that Georgia violated Articles 3 and 5 of the Human Rights Convention, indicating that the state did not investigate the use of force, coercion, humiliating treatment, and torture against Mukhtarli during his arrest. Additionally, the state did not investigate the fact of his arrest and transfer to Azerbaijan.

In our opinion, the case of Afgan Sadigov is somewhat similar to that of Afgan Mukhtarli. In this case, multiple episodes of his persecution and repression in Azerbaijan are clearly visible, and the unconditional loyalty of the Georgian government to the Azerbaijani government is also evident, which leads the former to the disregard of the principle of the supremacy of human rights protection.

Current Situation of Afgan Sadigov and His Family

Afgan Sadigov began a hunger strike on September 21. On the 18th day of the hunger strike, due to his deteriorating health, he was transferred to the N18 medical facility. As of today, the journalist has been on hunger strike for 26 days, and his health condition is very serious. He has difficulty moving and speaking.

It should be noted that during his second illegal imprisonment in Azerbaijan, Sadigov was on a hunger strike for 242 days, which dramatically deteriorated his health. At that time, he lost a significant amount of weight, dropping from 95 kg to 40 kg, was confined to a wheelchair, and developed serious illnesses.

The family fears that after a prolonged hunger strike, his health condition has already deteriorated, and another hunger strike will be very difficult for him.

It should also be mentioned that Sadigov’s wife, journalist Sevinc Sadigova, and their young children live in an unsafe environment in Tbilisi. Due to her public positions and support for her husband, Mrs. Sadigova regularly receives threatening messages from Azerbaijan. She feels that her movements are being monitored by certain individuals in Tbilisi.

Conclusion and Appeal

Having in mind the reasonable risks that Afgan Sadigov will become a victim of torture, inhumane treatment, punishment, and political persecution in Azerbaijan, the failure of the Georgian state to protect his security and inviolability as a person under its actual control, and the refusal to grant him international protection and to decide to extradite him to Azerbaijan, fundamentally contradicts Georgia’s obligations under international treaties and agreements. This also ignores the fundamental principles of democracy and the rule of law.

Thus, the Social Justice Center urges:

Tbilisi City Court

• To properly assess the risks of political persecution and torture or inhumane treatment of Afgan Sadigov in Azerbaijan and to grant him international protection, which will ultimately stop the process of his extradition to Azerbaijan. 

Prosecutor’s Office of Georgia:

• Not to allow the extradition of journalist Afgan Sadigov to Azerbaijan, which would violate the absolute obligations imposed by the Convention and international law.
• To support the change in the conditions of extradition detention for Afgan Sadigov and to release him, - considering his serious health condition.
• To ensure that the Prosecutor General of Georgia meets with Afgan Sadigov’s wife and Social Justice Center lawyers and personally receives information from them about Sadigov’s health and persecution in Azerbaijan.

The Social Justice Center will continue to provide information to the public about the legal status of Afgan Sadigov and his family in the future.

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