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AZERBAIJAN: First jailing of conscientious objector for 3 years

On 30 July, Yevlakh District Court jailed 19-year-old Jehovah's Witness Elgiz Ibrahimov for one year for refusing compulsory military service on grounds of conscience. Officials arrested him in the courtroom. They took him to a high-security prison in Ganca, initially holding him in a cell with 40 other men and 10 beds. He has appealed. Zahid Oruj, chair of Parliament's Human Rights Committee, appears to accept the criminal prosecution of conscientious objectors. He insisted that since no Alternative Service Law exists, "our judicial institutions have taken the right steps".

For the first time in nearly three years, a court is known to have convicted and imprisoned a young man for conscientious objection to compulsory military service on religious grounds. On 30 July, Yevlakh District Court in central Azerbaijan jailed 19-year-old Jehovah's Witness Elgiz Ibrahimov for one year in a general regime prison. He had told conscription officials of his readiness to perform alternative civilian service, but they handed his case to prosecutors for criminal prosecution.

Elgiz Ibrahimov
Jehovah's Witnesses
"Despite receiving a written warning from the authorised body, he did not fulfil his sacred duty as a citizen of the Republic of Azerbaijan without a valid excuse or legal basis," the verdict notes (see below).

Officials arrested Ibrahimov in the courtroom after the verdict was handed down. They took him to a high-security prison in Ganca where he was initially held in a cell with 40 other men. The cell had 10 beds. He was later transferred to a cell holding 28 other men (see below).

On 17 August, Ibrahimov's lawyer appealed against his conviction to Sheki Appeal Court. No date has yet been set for a hearing (see below).

Officials at the State Service for Mobilisation and Conscription in Yevlakh did not answer the phone when Forum 18 called (see below).

Ahead of its accession to the Council of Europe in January 2001, Azerbaijan promised to adopt an Alternative Service Law "in compliance with European standards" by January 2003. It has never introduced any exemption from compulsory military service for men who have conscientious objections, despite repeated criticism from local human rights defenders and United Nations (UN) human rights bodies, as well as the Council of Europe's Venice Commission and its European Commission against Racism and Intolerance (ECRI) (see below).

Jehovah's Witnesses are conscientious objectors to military service and do not undertake any kind of activity supporting any country's military. But they are willing to undertake an alternative, totally civilian form of service, as is the right of all conscientious objectors to military service under international human rights law.

On 24 July, a week before Ibrahimov's jailing, Free Voices Collective – a human rights group established in exile by human rights defenders, journalists and lawyers – called on the Council of Europe's Committee of Ministers to take further action to enforce an earlier ECtHR judgment finding against Azerbaijan in the cases of five conscientious objectors.

"The lack of alternative civilian service in Azerbaijan contravenes [ECtHR] judgments and undermines the country's international obligations," Free Voices Collective complained in a statement signed by Nijat Mammadbayli. "Despite claims of a parliamentary working group on the issue, no substantive progress has been reported" (see below).

Zahid Oruj, chair of the Human Rights Committee of the non-freely elected Parliament, the Milli Majlis, appears to accept the criminal prosecution of conscientious objectors. He insisted to Forum 18 that "since in fact there is no [Alternative Service Law] in this situation, our judicial institutions have taken the right steps" (see below).

Oruj gave various excuses as to why no Alternative Service Law had been adopted, but claimed that "given that Azerbaijan has already liberated its territories from occupation, the adoption of this law will be accelerated". He gave no details on if, when and how an Alternative Service Law might be adopted (see below).

Forum 18 again wrote to the Human Rights Ombudsperson's Office in Baku asking why Ibrahimov had been jailed and what action it is taking (if any) to ensure that Azerbaijan introduces a civilian alternative service for those unable to serve in the army on grounds of conscience. Forum 18 received no immediate response (see below).

(In 2018 the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions downgraded the Azerbaijani Ombudsperson's Office to B status because it "has not adequately spoken out in a manner that effectively promotes protection for all human rights, including in response to credible allegations of human rights violations having been committed by government authorities".

The Sub-Committee added in 2024 that the Ombudsperson's Office "has not taken sufficient action, nor spoken out in a manner that promotes protection for human rights in response to credible allegations of serious human rights violations having been committed by government authorities. The failure to do so demonstrates a lack of independence.")

Other Jehovah's Witness young men have faced summonses, often repeated medical examinations and restrictions (including bans on leaving Azerbaijan) after telling the State Service for Mobilisation and Conscription that they cannot perform compulsory military service and that they are willing to perform an alternative, civilian service (see below).

Legally-binding international human rights obligations

The UN Office of the High Commissioner for Human Rights (OHCHR) has noted that conscientious objection to military service comes under International Covenant on Civil and Political Rights (ICCPR) Article 18 ("Freedom of thought, conscience and religion") and has recognised "the right of everyone to have conscientious objection to military service as a legitimate exercise of the right to freedom of thought, conscience and religion."

The OHCHR has also noted in its Conscientious Objection to Military Service guide that Article 18 is "a non-derogable right .. even during times of a public emergency threatening the life of the nation."

In 2022 the UN Working Group on Arbitrary Detention stated (WGAD-HRC50) that "the right to conscientious objection to military service is part of the absolutely protected right to hold a belief under article 18 (1) of the Covenant [the ICCPR], which cannot be restricted by States." The Working Group also stated: "States should refrain from imprisoning individuals solely on the basis of their conscientious objection to military service, and should release those that have been so imprisoned." It added: "All States should adopt appropriate legislative or other measures to ensure that conscientious objector status is recognized."

Council of Europe obligation ignored

Military service of 18 months (12 months for those with higher education) is compulsory for all young men from the age of 18. Legal amendments in December 2024 reduced the upper age limit for conscription from 35 to 30.

Article 76, Part 2 of Azerbaijan's Constitution declares: "If the beliefs of citizens come into conflict with service in the army then in some cases envisaged by law alternative service instead of regular army service is permitted." However, no mechanism exists to enact this provision.

Ahead of its accession to the Council of Europe in January 2001, Azerbaijan promised "to adopt, within two years of accession, a law on alternative service in compliance with European standards and, in the meantime, to pardon all conscientious objectors presently serving prison terms or serving in disciplinary battalions, allowing them instead to choose (when the law on alternative service has come into force) to perform non-armed military service or alternative Civilian service".

Azerbaijan has never done this, and conscientious objectors to military service have been repeatedly prosecuted and even jailed under Criminal Code Article 321.1. This states: "Evasion without lawful grounds of call-up to military service or of mobilisation, with the purpose of evading serving in the military, is punishable by imprisonment for up to two years [in peacetime]".

Local human rights defenders and United Nations (UN) human rights bodies, as well as the Council of Europe's Venice Commission and its European Commission against Racism and Intolerance (ECRI), have repeatedly criticised Azerbaijan's failure to introduce a civilian alternative to compulsory military service.

In August 2019, the Baku Human Rights Club, which Rasul Jafarov then headed, published its own proposal for the text of an Alternative Service Law to try to put the issue on the public agenda. "We have had no response to our proposal from official people," Jafarov told Forum 18 in April 2020.

In a report issued on 19 March 2021, the Baku-based Institute for Democratic Initiatives recognised Azerbaijan's obligation, both in international human rights law and in its pledges to the Council of Europe, to introduce a civilian alternative to military service. It lamented that "officials are indifferent to the issue".

The Institute for Democratic Initiatives called for an Alternative Service Law to be adopted "in accordance with international standards". It said "those, who refuse to perform military service because of their beliefs, should be given a chance to engage in alternative service". It also called for those who had been arrested "in connection with the absence of such legislation and subjected to other such punishments" should be pardoned and the punishments imposed on them lifted.

On 24 July 2025, a week before Elgiz Ibrahimov's jailing, Free Voices Collective – a human rights group established in exile by human rights defenders, journalists and lawyers – called on the Council of Europe's Committee of Ministers to take further action to enforce an earlier ECtHR judgment finding against Azerbaijan in the cases of five conscientious objectors (see below).

"We respect the decisions of the UN Office of the High Commissioner for Human Rights"?

Milli Majlis, Baku, September 2017
Shankar S. [CC BY 2.0]
Forum 18 asked Zahid Oruj, chair of the Human Rights Committee of the non-freely elected Parliament, the Milli Majlis, asked:
- why Azerbaijan has failed to introduce an alternative civilian service for those who cannot serve in the military for conscientious reasons;
- why individuals like conscientious objector Elgiz Ibrahimov are still being prosecuted and jailed for refusing military service on grounds of conscience;
- when Azerbaijan is going to meet its obligation to the Council of Europe to introduce a civilian alternative to military service;
- what happened to the Working Group allegedly set up in the Milli Majlis to draft an Alternative Service Law.

Forum 18 pointed to repeated calls by United Nations (UN) human rights bodies, as well as the Council of Europe's Venice Commission and its European Commission against Racism and Intolerance (ECRI), for this right to be respected.

Oruj responded on 21 August, appearing to accept the criminal prosecution of conscientious objectors. He insisted that "since in fact there is no [Alternative Service Law] in this situation, our judicial institutions have taken the right steps".

Oruj claimed that Azerbaijan had not been able to adopt any Alternative Service Law because of the conflict over Nagorno-Karabakh (whose majority ethnic Armenian population had established a separate entity, which the Azerbaijani military crushed in September 2023). "The constitutional integrity of the country has been violated," he insisted. He did not explain why this justified the refusal to grant citizens their human rights.

"We believe that, given that Azerbaijan has already liberated its territories from occupation, the adoption of this law will be accelerated, and some of the few problems in this area will be resolved," Oruj added. However, he gave no details on if, when and how an Alternative Service Law might be adopted.

"We respect the decisions of the UN Office of the High Commissioner for Human Rights (OHCHR) and recall that many states have not joined the various jurisdictions of the institution," Oruj claimed. "However, we emphasise that there have been very few people in our country who have applied for alternative service due to their religious beliefs. Regardless, Azerbaijan has always remained faithful to its international obligations."

Forum 18 again wrote to the Human Rights Ombudsperson's Office in Baku on 19 August asking what action it is taking (if any) to ensure that Azerbaijan introduces a civilian alternative service for those unable to serve in the army on grounds of conscience. Forum 18 had received no response by the end of the working day in Baku of 21 August.

Forum 18 earlier asked the Human Rights Ombudsperson's Office the same question. Its 10 October 2022 response, signed by chief of staff Aydin Safikhanly, did not answer this question. The Ombudsperson's Office did not reply to Forum 18's 13 July 2023 question.

Ibrahimov summoned to State Service for Mobilisation and Conscription

Jehovah's Witness Elgiz Elchin oglu Ibrahimov (born 28 June 2006) lives in the village of Arabbasra, 20 kms (15 miles) north of the city of Yevlakh, in central Azerbaijan. On 7 May 2024, when he was 17, the State Service for Mobilisation and Conscription in Yevlakh summoned him. "During the meeting, Elgiz respectfully explained why his personal convictions do not permit him to serve in the military," Jehovah's Witnesses note. Ibrahimov expressed his willingness to perform alternative civilian service. However, his request was ignored.

Ibrahimov sent his request to perform an alternative civilian service in writing to the State Service for Mobilisation and Conscription in late June 2024.

Officials summoned Ibrahimov again on 4 September 2024. They informed him that a criminal case would be opened against him.

On 18 February 2025, Ibrahimov submitted a certificate confirming his status as a Jehovah's Witness and religious minister. Officials detained him for 24 hours and subsequently required him to report to the police every week.

On 6 March, prosecutors formally charged Ibrahimov under Criminal Code Article 321.1. This states: "Evasion without lawful grounds of call-up to military service or of mobilisation, with the purpose of evading serving in the military, is punishable by imprisonment for up to two years [in peacetime]".

Officials at the State Service for Mobilisation and Conscription in Yevlakh did not answer the phone when Forum 18 called on 20 August 2025.

Ibrahimov jailed for one year

Prosecutors handed the criminal case against Elgiz Ibrahimov to Yevlakh District Court. On 30 July 2025, Judge Qalib Pashayev convicted the 19-year-old and sentenced him to one year in a general regime prison for conscientiously refusing to participate in military service, according to the decision seen by Forum 18. The one day he spent in custody in February (see above) is to be deducted from his sentence. Vidadi Jabbarov of the Prosecutor's Office led the case against Ibrahimov in court.

"Despite receiving a written warning from the authorised body, he did not fulfil his sacred duty as a citizen of the Republic of Azerbaijan without a valid excuse or legal basis," the verdict notes. It concludes that Ibrahimov "deliberately evaded the next conscription for active military service without any legal grounds".

After the court issued its ruling, officials immediately arrested Ibrahimov in the courtroom. They took him to Ganca Prison No. 2, a high-security prison. Officials initially placed him in a cell with 40 other prisoners and only ten beds. Later he was transferred to a cell with 28 other prisoners. "The conditions are extremely challenging and raise concerns about inhumane treatment," Jehovah's Witnesses complain.

Why Ibrahimov was taken to a high-security prison as he awaits his appeal remains unclear, Jehovah's Witnesses told Forum 18. "Prosecutors usually consult with the Main Department, which has all the relevant information. But in Elgiz's case, the Yevlakh prosecutor didn't change his stance during the court hearing. It might have been a local decision."

Forum 18 asked the regime-controlled Human Rights Ombudsperson's Office in Baku in writing on 19 August why Ibrahimov had been jailed for refusing military service on grounds of conscience. Forum 18 had received no response by the end of the working day in Baku of 21 August.

Forum 18 put the same question to Zahid Oruj, chair of the Milli Majlis Human Rights Committee, the same day. He claimed that the authorities had to prosecute him, with a decision "taken in the absence of [an Alternative Service Law], rather than a bias of the authorities against Elgiz Ibrahimov".

Jehovah's Witnesses complain that the jailing of Ibrahimov for conscientiously refusing to participate in military service "disregards multiple European Court of Human Rights rulings", as well as findings of the UN Human Rights Committee (see below).

Ibrahimov lodges appeal

Sheki Appeal Court
Azadliq Radiosu (RFE/RL)
On 17 August, Ibrahimov's defence lawyer Yashar Musayev lodged an appeal against his conviction and sentence, Jehovah's Witnesses told Forum 18. No date has yet been set for the hearing.

The appeal is due to be heard at Sheki Appeal Court. The verdict will enter into force only once the appeal has been heard.

Ibrahimov's prison address until his appeal is heard:

Azerbaijan
Ganca 2003
92 Hasan Aliyev
Ganca Shahar 2 sayli Istintaq Tacridxanasi
Ibrahimov Elgiz Elchin oglu

New jailing "disregards multiple European Court of Human Rights rulings"

Seymur Mammadov
Jehovah's Witnesses
The jailing of Elgiz Ibrahimov in July is the first time in nearly three years that a court is known to have convicted and imprisoned an individual for conscientious objection to compulsory military service on religious grounds.

On 7 October 2021, in one of several such decisions, the European Court of Human Rights (ECtHR) in Strasbourg accepted Azerbaijan's admission that it had violated the human rights of two Jehovah's Witness young men who had been convicted in 2018 for refusing compulsory military service on grounds of conscience. Both Emil Mehdiyev and Vahid Abilov had declared a willingness to conduct an alternative civilian service. Both lost their appeals against their suspended jail terms in Azerbaijan's Supreme Court before taking their cases to Strasbourg. The ECtHR ordered that the victims be paid compensation and costs.

On 22 September 2022, Goranboy District Court sentenced Jehovah's Witness Seymur Mammadov under Criminal Code Article 321.1 to nine months' imprisonment for refusing compulsory military service on grounds of conscience. The 23-year-old Mammadov spent nearly 12 weeks in jail (where he was not allowed to have a Bible or receive letters) after Ganca Appeal Court in December 2022 changed his jail term to a suspended sentence. He served one year on probation and has a criminal record.

Mammadov failed to have his conviction and punishment overturned in his final appeal at Azerbaijan's Supreme Court on 8 June 2023.

On 4 October 2023, Mammadov lodged a case to the ECtHR (Application No. 36972/23), according to ECtHR records. No hearings have yet been held in the case.

Another Jehovah's Witness, Royal Karimov, was seized and handed over to the army on 25 July 2022 – two days after his 18th birthday - despite telling conscription officials in Gadabay, the police and personnel in the military unit that he cannot perform military service on grounds of conscience but is ready to perform a civilian alternative service. Officials finally released him from the military unit in Ganca on 1 November 2022, more than three months later.

On 29 November 2022, Karimov received official documentation from the State Service for Mobilisation and Conscription confirming that he is medically unfit for military service and giving the date of 14 October 2027 for his next medical examination. On 30 November 2022, Karimov filed an administrative complaint about the way he had been treated to the head office of the State Service for Mobilisation and Conscription.

Exiled human rights defenders call for alternative civilian service

European Court of Human Rights courtroom, 8 October 2014
Adrian Grycuk/Wikimedia Commons [CC BY-SA 3.0 PL]
On 24 July, Free Voices Collective – a human rights group established in exile by human rights defenders, journalists and lawyers – called on the Council of Europe's Committee of Ministers to take further action to enforce the European Court of Human Rights (ECtHR) judgment in the case of Mushfig Mammadov and Others v. Azerbaijan (Application No. 14604/08).

This judgment – issued in October 2019 - found in favour of five Jehovah's Witness conscientious objectors. Four of them had been jailed, while the fifth (Mammadov) had been given a suspended prison sentence and a fine.

Although the regime paid the compensation specified by the ECtHR to the five conscientious objectors, the Council of Europe is not satisfied that the judgment has been implemented.

"Under Article 76.2 of its Constitution and its accession commitments to the Council of Europe, Azerbaijan is obliged to adopt legislation allowing conscientious objectors to perform alternative civilian service," Free Voices Collective wrote in a statement signed by Nijat Mammadbayli. "Yet, no such law exists."

The group noted that Jehovah's Witnesses and other conscientious objectors continue to face military call-ups, prosecution, and restrictions on their freedom of movement.

"The lack of alternative civilian service in Azerbaijan contravenes [ECtHR] judgments and undermines the country's international obligations," Free Voices Collective complain. "Despite claims of a parliamentary working group on the issue, no substantive progress has been reported. International human rights bodies have repeatedly urged swift legislative reform."

Free Voices Collective called on the Council of Europe's Committee of Ministers:
- to request updated statistics on Jehovah's Witnesses called up, prosecuted, or otherwise penalised for refusing military service;
- to seek concrete updates on legislative initiatives regarding alternative civilian service.
- and to urge the immediate adoption of a law providing alternative civilian service that fully complies with ECHR standards.

Possible prosecutions and denial of rights hang over conscientious objectors

More than ten other Jehovah's Witness young men have faced summonses, often repeated medical examinations and restrictions (including bans on leaving Azerbaijan) after telling the State Service for Mobilisation and Conscription that they cannot perform compulsory military service and that they are willing to perform an alternative, civilian service. At least one, who did not know he was banned from leaving Azerbaijan, was stopped on the border with Georgia in 2019 and sent back. He is still banned from leaving Azerbaijan.

Legal amendments in December 2024 reduced the upper age limit for conscription from 35 to 30. Because of this change, at least one Jehovah's Witness who had reached this age is known to have had restrictions on him – such as denial of a passport and thus the ability to leave the country - lifted because he had reached that age.

"Failure to recognise the right to conscientious objection results in frequent call-ups for young men who are Jehovah's Witnesses, severely disrupting their personal and professional lives," Jehovah's Witnesses complain. "It also results in restrictions on leaving the country, obtaining passports and driver's licences, and securing state jobs." (END)

More reports on freedom of thought, conscience and belief in Azerbaijan

For background information, see Forum 18's Azerbaijan religious freedom survey

Forum 18's compilation of Organisation for Security and Co-operation in Europe (OSCE) freedom of religion or belief commitments

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