Blogging Under Siege: Human Rights, Free Press, and Political Retaliation in Lapshin v. Azerbaijan

In an attempt to hide its poor human rights record and authoritarian restraint over its citizens, the Republic of Azerbaijan jails independent and foreign journalists, censoring free press. In many cases, journalists held in Azerbaijan are arbitrarily detained and subsequently tortured. Azerbaijan’s score in the Freedom House index, which evaluates civilian access to political rights and civil liberties, is seven out of one hundred possible points, earning the status “Not Free.” [1] Due to consistent impunity from Western governments for Azerbaijan’s attempts to silence dissenting voices, Azerbaijan’s President, Ilham Aliyev’s regime, continues its campaign to suppress the free press.

One instance of Azerbaijan’s censorship of free press is the case of foreign blogger Alexander Lapshin, who filed a complaint in European courts against the Republic of Azerbaijan for his illegal arrest and attempted murder. Lapshin, a Soviet-born travel blogger, documents his travels to unique sites in his blog, “Life Adventures.” [2] In April 2011 and October 2012, Lapshin traveled to Nagorno-Karabakh, a semi-autonomous region in the South Caucasus that was the focus of the First and Second Nagorno-Karabakh Wars between Armenia and Azerbaijan, in violation of Azerbaijani law, which considers such visits illegal. [3] [4]

Following the First Nagorno-Karabakh War from 1988 to 1994, the Republic of Artsakh, an Armenian-allied de facto state, gained control of the region. [5] The 2015 census of Nagorno-Karabakh ethnic groups showed that over 95% of the population were Armenian. [6] Additionally, Nagorno-Karabakh is home to hundreds of indigenous Armenian heritage sites dating back to the 4th century. [7] After Azerbaijan’s military incursion in September of 2023 in what was deemed an “ethnic cleansing” by the European Parliament, Azerbaijan has attempted to destroy any trace of Armenian existence in the region, including destroying centuries-old cultural heritage sites. [8] [9] Ultimately, the illegality of Lapshin’s visit to the contentious region of Nagorno-Karabakh conveys Azerbaijan’s unwillingness to make known the historical presence of Armenians living in there. Lapshin was a known critic of Azerbaijan’s authoritarian government and spoke in favor of self-determination for Armenians living in Nagorno-Karabakh, challenging Azeri claims to the region. [10]

An international arrest warrant for Alexander Lapshin was issued by Azerbaijan in December of 2016. He was arrested in Belarus and extradited to Azerbaijan on February 7, 2017, where he was then convicted for unlawfully traveling to Nagorno-Karabakh in accordance with Article 318.2 of Azerbaijan’s Criminal Code. Lapshin was sentenced to three years in prison but was later questionably pardoned by the President of Azerbaijan on September 11, 2017. [11] 

A day prior to Lapshin’s sudden pardon, at midnight on September 10, Lapshin was violently beaten by a group of masked men but miraculously survived. Azeri authorities deemed that Lapshin had attempted suicide, but Lapshin claimed that he was tortured by Azeri government actors and brought his case before the European Court of Human Rights. [12]

Lapshin filed a complaint against the Azerbaijani government for the attempt on his life according to Article 2 of the European Convention on Human Rights. Experts analyzed the photos Lapshin submitted of his sustained injuries, and it was determined that he had not attempted suicide and instead was the victim of an assassination attempt. The Court deemed that Azeri authorities had violated their obligation to protect individuals in custody, attempted to deprive Lapshin of his life, and failed to thoroughly investigate the scene. With a vote of six to one, the Court ruled in Lapshin’s favor and determined that Azerbaijan had violated Article 2 of the convention despite their government’s continued denial. [13]

The torture of a foreign travel blogger is not an anomaly in Azerbaijan. Azerbaijan has a record of intimidating journalists and members of the media, especially those who expose Azerbaijan’s violations of human rights legislation and international law. Yet, rulings in the European Court on Human Rights against Azerbaijan’s government do not slow the consistent trend of arbitrary detainment and torture of members of the press. In March of 2024, Azeri authorities criminally prosecuted three independent online news platforms, including Abzas Media and Toplum TV. [14] Azerbaijan has not only arbitrarily prosecuted foreign members of the media but also Azeri citizens themselves, including Anar Mammadli and Dr. Gubad Ibadoghlu. Authorities claim Dr. Ibadoghlu conspired to sell counterfeit money, a fabricated charge designed to justify the prosecution of one of Azerbaijan’s most vocal critics. [15]  Today, Dr. Ibadoghlu is still awaiting trial and faces twelve years in prison. [16]

Neither European Courts nor rulings by the International Court of Justice (ICJ) have the power to tear apart Azerbaijan’s authoritarian and oppressive regime. The ICJ ordered provisional measures on February 23, 2023, to allow the opening of the Lachin Corridor, the only road connecting Nagorno-Karabakh to Armenia. Its closure prevented Armenians living in Nagorno-Karabakh from accessing sovereign Armenian territory, limiting access to food, medicine, and other necessary goods. [17] However, it was not until September of 2023 that the Armenians in Nagorno-Karabakh were finally able to access mainland Armenia territory via the Lachin Corridor. Even then, it was only achieved forcibly following Azerbaijan’s military incursion, pushing 120,000 Armenians out of their centuries-old homeland. [18]  Although the European Parliament declared this an act of ethnic cleansing, no legitimate sanctions have followed from the Western governments. [19] Half of Azerbaijan’s gas is exported to Europe, which explains the West’s hesitation in dismantling Azerbaijan’s regime. [20]

Azerbaijan will continue to abuse human rights, criminally prosecute members of the media, torture detainees, and, in Lapshin’s case, attempt to murder those they hope to silence so long as the West continues with its campaign of impunity. Reform in Azerbaijan requires significant action by Western governments, including halting all military assistance to Azerbaijan that is used to carry out violations of international law, torture of civilians, and illegal detainment of prisoners of war. [21] The West must hold the Azeri regime accountable for its violation of human rights and threaten to impose sanctions if its neglect continues. Furthermore, they must demand the release of media members, government critics detained on fabricated claims, and political and civilian prisoners held in Azerbaijan.

Released critics of Azerbaijan’s government and media members who formerly sought to expose the regime should be protected. Following the release of Azerbaijan’s vocal critics, like-minded opposition who were reluctant to speak out in fear of arrest will hopefully mobilize. Leaders of this movement will work to democratize Azerbaijan and restore human rights, a fair criminal justice system, and a true commitment to peaceful diplomacy to ensure that fundamental rights are protected for Azeri citizens and those in the surrounding regions of the South Caucasus.

Edited by Sarah Guttman

Endnotes

[1] “Azerbaijan: Freedom in the World 2024 Country Report.” Freedom House. https://freedomhouse.org/country/azerbaijan/freedom-world/2024. Accessed October 2, 2024.

[2] Dackevych, Alex. “The Blogger Jailed for Visiting a Country That ‘Doesn’t Exist.’” BBC News, February 7, 2017. https://www.bbc.com/news/blogs-trending-38804499. Accessed October 2, 2024.

[3] Lapshin v. Azerbaijan, Application No. 13527/18, Judgment (European Court of Human Rights, May 20, 2021), https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-210045%22]}. Accessed October 1, 2024.

[4] Azerbaijan Criminal Code, Article 318.2 (1999), https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Criminal%20Code.pdf. Accessed October 2, 2024.

[5] “Nagorno-Karabakh.” Encyclopædia Britannica. https://www.britannica.com/place/Nagorno-Karabakh#ref361281. Accessed October 3, 2024. 

[6] “Nagorno-Karabakh (Unrecognized State).” Minority Rights Group, April 9, 2018. https://minorityrights.org/country/nagorno-karabakh-unrecognized-state/#:~:text=Except%20for%20a%20few%20scattered,the%20total%20population%20was%20150%2C932. Accessed October 3, 2024. 

[7] “History and Architecture.” Amaras Monastery Nagorno Karabakh Republic. https://www.amaras.org/history-and-architecture/. Accessed October 3, 2024. 

[8] European Parliament Resolution on Nagorno-Karabakh, 9th Legislature, 2023, in Armenian National Institute (Jan. 20, 2023), https://www.armenian-genocide.org/Karabakh.32/current_category.418/nagorno-karabakh_detail.html. Accessed October 3, 2024. 

[9] Gurcov, Nichita, and Stella Tangiyan. “Erasing Space: Destruction of Armenian Heritage in Nagorno-Karabakh.” Armed Conflict Location & Event Data (ACLED), September 20, 2024. https://acleddata.com/2024/09/20/destruction-of-armenian-heritage/. Accessed October 4, 2024. 

[10] Dackevych, Alex. “The Blogger Jailed for Visiting a Country That ‘Doesn’t Exist,’” BBC News, February 7, 2017.

[11] Lapshin v. Azerbaijan, App. No. 13527/18 (ECtHR, May 20, 2021), 

[12] Ibid.

[13] Ibid.

[14] “Azerbaijan: Vicious Assault on Government Critics.” Human Rights Watch, October 8, 2024. https://www.hrw.org/news/2024/10/08/azerbaijan-vicious-assault-government-critics. Accessed October 8, 2024. 

[15] “Azerbaijan: Jailed Academic’s Health Deteriorates: Gubad Ibadoghlu.” Amnesty International, December 12, 2023. https://www.amnesty.org/en/documents/eur55/7530/2023/en. Accessed October 4, 2024. 

[16] “Azerbaijan: Free Academic Facing Bogus Charges.” Human Rights Watch, July 25, 2023. https://www.hrw.org/news/2024/07/23/azerbaijan-free-academic-facing-bogus-charges. Accessed October 4, 2024. 

[17] Armenia v. Azerbaijan, Provisional Measures, Order of November 17, 2023, International Court of Justice, https://www.icj-cij.org/sites/default/files/case-related/180/180-20231117-ord-01-00-en.pdf. Accessed October 4, 2024. 

[18] Gurcov, Nichita. “Fact Sheet: Azerbaijan Moves to Retake Artsakh.” Armed Conflict Location & Event Data (ACLED), September 21, 2023. https://acleddata.com/2023/09/21/fact-sheet-azerbaijan-moves-to-retake-artsakh/. Accessed October 5, 2024. 

[19] European Parliament, Resolution on Nagorno-Karabakh, 2023.

[20] O’Bryne, David. “Azerbaijan’s Gas Exports Increase, but Baku Still Challenged to Meet EU Goal.” Eurasianet, August 21, 2024. https://eurasianet.org/azerbaijans-gas-exports-increase-but-baku-still-challenged-to-meet-eu-goal#:~:text=Overall%2C%20gas%20production%20during%20the,7.8%20bcm)%20went%20to%20Europe. Accessed October 5, 2024. 

[21] Coble, Kevin S., and Michael  N. Schmitt. “The Evolving Nagorno-Karabakh Conflict - an International Law Perspective - Part I.” Lieber Institute West Point, September 27, 2023. https://lieber.westpoint.edu/evolving-nagorno-karabakh-conflict-international-law-perspective-part-i/. Accessed October 5, 2024.