On January 26, 2023 the Parliamentary Assembly of Council of Europe (PACE) passed a resolution, deciding not to ratify the Azerbaijani delegation’s credentials. The resolution was adopted with 76 votes in favour, 10 against and 4 abstentions, barring the Azerbaijani delegation from participating in most PACE activities.
The reasons for adopting the resolution cited Azerbaijan’s failure to fulfill its major commitments it made when joining the Council of Europe (CoE), its inability to conduct genuinely free and fair elections, weak separation of powers between branches of government, lack of judicial independence, numerous unresolved cases of political prisoners, humanitarian concerns in the Nagorno-Karabakh region. The resolution also outlined several instances where Azerbaijan refused to cooperate with the Assembly. These included preventing access to individuals imprisoned on potentially political grounds, not inviting election observers, and denying PACE rapporteurs' visits. The resolution also left the door open for Azerbaijan to resume activities, should it fulfill the conditions outlined in the Rules of Procedure of PACE. However, Azerbaijani President Ilham Aliyev stated that if the rights of the Azerbaijani delegation are not restored, Azerbaijan will reconsider its participation in the CoE and the European Court of Human Rights (ECHR).
Azerbaijan joined the CoE in 2001 and became a member of the ECHR in 2002. When Azerbaijan joined the CoE, it made a wide range of commitments to uphold specific principles of article 3 of the Statute of the CoE and implement reforms such as protecting the rights of journalists and citizens to express opinions freely, including critical viewpoints, ensuring citizens' rights to peaceful gatherings and protests, engaging with the PACE, Venice Commission (constitutional experts), and other relevant monitoring bodies, and abiding by the decisions of the ECHR.
According to article 7 of the Statute of the Council of Europe, any Member may withdraw by formally notifying the Secretary General of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. If a country indeed withdraws and later wants to rejoin, they must go through the full membership application process again.
Azerbaijan’s withdrawal might mean losing a voice and platform within the CoE’s institutions and depending on the terms of withdrawal, it might cease to be subject to the rulings of the ECHR, potentially limiting avenues for citizens to seek legal redress. Even though its decisions are often ignored, the ECHR is an important way to seek justice and challenge the government. Moreover, withdrawal could be perceived as a rejection of European democratic values and human rights standards, harming its international standing. Withdrawal of Azerbaijan's membership in the CoE would also mean lack of opportunity to influence reforms within European institutions.