Date of Birth: 9 February 1974
Detained Since: 25 October 2021
Affiliation: Musavat Party supporter; diaspora political activist in Germany

Charges:

Illegal acquisition, possession, and transportation of narcotic drugs or psychotropic substances with intent to sell, committed in large quantity (Art. 234.4.3 of the Criminal Code of Azerbaijan)

Conviction and Sentence:

On 28 September 2022, the Sumgayit Assize Court sentenced Malik Rzayev to 7 years’ imprisonment.

The Sumgayit Court of Appeal upheld the verdict on 21 February 2023.

On 24 October 2023, the Supreme Court of Azerbaijan dismissed the cassation appeal, leaving the conviction and sentence in force.

Political Prisoner Status:

His detention meets criteria (a) and (e) of PACE Resolution 1900 (2012):

• Violation of fundamental rights under the European Convention on Human Rights, including freedom of expression and association, as well as the right to liberty and a fair trial.

• Politically motivated prosecution, aimed at punishing him for opposition activities and criticism of the Azerbaijani authorities while living in Germany.

Summary:

Malik Rzayev is an Azerbaijani citizen who moved to Germany in 2014 as a protection seeker and became active in the diaspora opposition. While living in Germany, he publicly criticised Azerbaijani government officials, participated in anti-government rallies and demonstrations, and remained politically active on social media.

Following his return/deportation from Germany, Rzayev was detained on 25 October 2021 in Sumgayit by the city police and charged with large-quantity narcotics possession with intent to sell. He has consistently denied the charges, arguing that the case is retaliation for his political activity abroad.

His case has been widely discussed as part of a pattern of prosecutions against individuals returned or deported from Germany, many of whom are opposition supporters or outspoken government critics. Several such returnees have been charged under Article 234.4.3 of the Criminal Code shortly after their return, typically on trafficking-related drug allegations.

Human rights organisations, including Human Rights Watch, have documented this pattern and identified Rzayev’s case alongside those of Mutallim Orujov, Punhan Karimli, and Jafar Mirzayev as examples of spurious drug prosecutions targeting deportees from Germany.

The prosecution relied primarily on police-controlled search and seizure protocols, operational intelligence, and state forensic examinations, without meaningful independent verification. Courts treated this evidence as inherently reliable despite procedural concerns. Defence allegations of ill-treatment and coercion during the investigation were dismissed without an effective independent inquiry.

Rzayev’s case reflects a broader pattern of politically motivated prosecutions in Azerbaijan, particularly targeting opposition supporters, activists, and diaspora critics. The use of serious narcotics charges against political opponents has been repeatedly criticised by international observers as a method of criminalising dissent.

International human rights organisations have therefore denounced his conviction as politically motivated.

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