Paltry compensation: Azerbaijan's LGBTQI+ citizens denied justice

The compensation provided for the violation of LGBTQI+ rights in Azerbaijan is insufficient.

In the latest decision of the European Court of Human Rights (ECHR), the compensation offered by the Azerbaijani government to LGBTQI+ victims whose rights were violated met with criticism. The decision refers to detentions and arrests when the LGBTQI+ citizens community of Azerbaijan were subjected to ill-treatment, unjustified detention and discrimination.

In the court decision, a number of articles of the European Convention on Human Rights, including 3 (prohibition of torture and inhuman or degrading treatment), 5 (right to liberty and security), 6 (right to a fair trial), 8 (the right to respect for private and family life) and Article 14 (prohibition of discrimination) were highlighted.

Despite these grave violations, the government of Azerbaijan offered the Court a total of 125,000 euros in damages and 3,000 euros in court costs. Critics argue that the amount is inadequate given the severity of the violations and the lasting impact on victims.

In addition, concerns were expressed about the lack of specificity in the government's acknowledgment of violations. The government's unilateral declaration merely acknowledged an unspecified violation without addressing the full extent of the complaints raised by victims. "Furthermore, the proposed compensation does not include any guarantee of investigating the alleged violations or measures to prevent future incidents," said human rights defender Vahid Aliyev.

The victims and their representatives expressed their displeasure with the terms of the unilateral declaration and emphasised that violations of Article 3 were central in these cases. "The currently proposed compensation does not adequately cover the physical and psychological damage suffered by the victims during and after their arrest and detention," Vahid Aliyev added. "Furthermore, the proposed compensation does not reflect the challenges faced by the LGBTQI+ community in Azerbaijan, where discrimination and isolation persist."

According to LGBTQI+ rights defender Leyla Hasanova, this decision is "not adequate in any form considering the destructive approach and policy of the Azerbaijani government towards LGBTQI+s. Moreover, the compensation does not include any LGBTQI+ inclusive legislative change, any training for [law] enforcement agencies, or any similar proposal.”

Lawyer Samad Rahimli said the following about the decision on his X (former Twitter) account: "The ECtHR closed the case with the statement of the Government admitting the violation in this case. We were expecting a more advanced decision. Although the government recognises the violation in cases before the European Court, it does not take any steps to remedy the violation other than paying compensation later."

It should be noted that according to the Rainbow Map and Index published annually by ILGA-Europe, Azerbaijan has been chosen as the worst country in Europe for LGBTQI+ people for 7 years in a row.