Migration Department Denies International Protection to Afgan Sadygov

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The Migration Department of the Ministry of Internal Affairs of Georgia has refused to grant international protection to Azerbaijani journalist Afgan Sadygov, who was arrested in Tbilisi. The department concluded that he does not face the dangers he cited in his statement if extradited to Azerbaijan. The decision will be appealed in court, lawyer Rusudan Mchedlidze says.

On September 16, Afgan Sadygov was handed the Migration Department's refusal, issued in the Azerbaijani language.

“The document denied Sadygov international protection in Georgia. We have requested the full administrative case materials from the Migration Department, including the official decision in Georgian. Once we receive all the documents, we will be able to respond fully and determine the basis for the refusal, including the specific reasons.

However, the Azerbaijani-language decision delivered to Afgan Sadygov states that he does not meet the criteria for either humanitarian or refugee status. It claims that, upon returning to his country of origin, he does not face the dangers or risks that he outlined in his application.

The full materials will include a conclusion explaining why the Migration Department reached this decision. However, considering that the journalist was twice arrested in the Republic of Azerbaijan, and given the European Court’s decision, which resulted in his release in exchange for compensation, there are doubts regarding the Migration Department’s assertion that no risks to his safety exist,” said Rusudan Mchedlidze to Georgian News.

Based on Georgia's Law on International Protection, refugee status is granted to a foreigner or stateless person who is outside their country of origin and has a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Such a person must be unable or unwilling, due to fear, to return to their country or seek its protection. Humanitarian status is granted to individuals who do not qualify for refugee status but face a real risk of serious harm, such as torture, inhuman or degrading treatment, or punishment upon return to their country of origin. Humanitarian status is granted for one year and may be extended by the Ministry’s decision.

Afgan Sadygov, a critic of the Azerbaijani government and editor-in-chief of Azel.Tv, was arrested in Tbilisi on August 3. The next day, Tbilisi City Court sentenced him to three months of extradition detention. The decision was appealed, but the higher court ruled the appeal inadmissible and did not consider the fact that Sadigov had requested international protection in Georgia, a request that should suspend the extradition process.

As per Georgia’s Ministry of Internal Affairs, Sadygov is wanted by Azerbaijan on charges of threats and extortion. A case was opened against him in Baku in May 2024, which, according to his family, is linked to his journalistic activities and criticism of the government.

Sadygov has been living in Georgia since December 24, 2023. He stated that he came to Georgia for medical treatment, but due to threats and a new wave of arrests of Azerbaijani journalists, he did not return to his homeland. About two weeks before his arrest in July, he attempted to travel to Turkey with his wife and two minor daughters, but Georgian border guards at Tbilisi International Airport prevented him from crossing the border. He was not arrested at that time, and the authorities explained that he could only return to Azerbaijan. Sadygov’s family no longer feels safe in Georgia, which is why they sought to leave the country.

The U.S. State Department has expressed concern over Sadygov’s arrest and called on Georgian authorities to release him “immediately.” Amnesty International and the International Press Institute (IPI) have also commented on the case. Amnesty International urges the Georgian authorities to stop efforts to extradite Sadigov, in line with their international law obligations and the principle of non-refoulement, and to grant international protection to him and his family if requested. Amnesty International also views Sadigov’s case as part of a broader pattern of targeting independent media in Azerbaijan.

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