Guidance

Azerbaijan: information for victims of rape and sexual assault

Updated 20 February 2024

This information is provided to help British nationals overseas make decisions about whether and how to seek medical advice and attention; report to local police; and engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the emergency number on 103 for public ambulance and 102 for police
• contact your tour operator if you are travelling with one
• contact the British Embassy Baku. Our telephone number is +994 12 4377878. Embassy staff will be patient, sensitive and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

Reporting the incident to the police in Azerbaijan

You must report the crime in Azerbaijan before returning to the UK if you want it to be investigated. The crime must be reported at the nearest Police Station in Azerbaijan. Leaving the territory of Azerbaijan can lead to the cancellation of criminal proceedings.

Reporting crimes to the police in Azerbaijan can be a complex and time-consuming process. Local officers may not have specific training in supporting victims of sexual assault. You may find the process of reporting the assault at times difficult, and quite different from what you would expect of UK police proceedings.

Rape and sexual assault are both criminal offences in Azerbaijan, but conviction rates remain very low, and judicial proceedings are likely to be protracted. It is very likely that you will be asked to testify in front of third parties. There is a a law which protects your right to confidentiality.

As per Azerbaijani Criminal Code (Article 300), Criminal Procedural Code (Articles 199.1, 222) and Police Law (Article 6.2) testimonies given by victim that contain personal details are treated as confidential. Any person involved into the case, either during investigation or during criminal proceedings at court, is warned in writing of not disclosing any information. This includes investigating authorities, interpreters, witnesses, and experts, amongst others. Any person breaching confidentiality would be liable for criminal prosecution or a civil lawsuit, for causing material or moral damage to a victim.

You may formally request for a in-private testimony arrangement from police/prosecutor during initial investigation of the case, as well as request for a closed court proceeding.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts. Tell the police if you think you have been drugged or under the influence of other substances causing temporary loss of consciousness.

If you approach the police directly, you can also ask them to inform the British Embassy or you can contact the Embassy yourself. If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you are in an area reachable by the British Embassy, they will try to send a consular officer to support you. Consular staff can accompany you to the police station should you so wish and where possible. However, we cannot provide interpretation and might not be allowed to stay with you during a police interview.

You can request an officer of a particular gender although there is no guarantee one will be available. Only a few police officers speak English. An interpreter might be provided by the local police, but this is not guaranteed and there is no guarantee of quality either. In order to save time, you might consider having your own interpreter with you when you visit the police station. Find a local interpreter.

Once an initial verbal report is made to the police, you will be required to give a full statement. Not all police stations will have private rooms for taking a statement. Generally, interviews will take place in the office of duty investigators and there are likely to be several people working in one office. In such cases, you may request legal arrangement for ensuring confidentiality of your statement and participation of an authorized duty investigator(s) only.

Request the copy of the written statement in both languages when you are finished, although English version might not be readily available in Azerbaijan. Get the copy of your written statement describing the incident signed by the police officer, once you submit the original, and retain the copy. The signed copy will act as proof that the incident has been reported to the police. The case is cascaded to the several area departments. Therefore, the victim will have to make a statement several times and sometimes visit the incident site together with the police officers.

All your clothes you had at the time of attack will be kept by the police as evidence and will be send for forensic examination. The victim will be sent to the local hospital or the forensic examination suite if she/he hasn’t sought medical assistance in the first instance. The results of the examination will be reflected in a separate protocol and photo evidence of the face and body injuries will be taken.

If you do not want to report the incident to the police in Azerbaijan

The British Embassy will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, travel back to the UK and/or provide you with information on local support in the UK. They can provide you with lists of English-speaking medical facilities, lawyers and translators

If you are travelling with one, you can report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital. Consular staff can accompany you to the hospital should you so wish and where possible. In the interests of patient confidentiality, we will wait in reception during your medical examination.

It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated if there is a lack of forensic evidence. You have to report the crime in-country for it to be investigated.

If you do not report the crime, you will still be able to get medical attention and you should go to the nearest hospital, a local doctor or gynaecologist, but you will not be entitled to a forensic examination.

Reporting the incident to the police in the UK

It is possible to report the crime to police in the UK. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police forces cannot investigate crimes committed overseas.

Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally. Please see Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

Attending a medical examination

Forensic examinations are performed by a forensic examiner (doctor) on notification via the police. Samples or swabs will be taken from clothes, the mouth, hair and there will be a genital examination. This is undertaken by specially trained medical staff. Photos of severe external injuries will be taken for investigative purposes.

Getting medical treatment

Hospitals in Azerbaijan tend to specialize in specific areas of health, however they are generally able to refer patients to facilities with relevant specialists. There are certain medical clinics most commonly used by foreigners in Baku that are able to offer medical support to victims of rape and sexual assault.

They can offer medical support including external injuries examination, gynaecological examination with swaps and STDs. Some medical practices will automatically pass details of people they believe to be victims of rape or sexual assault to the police. The British Embassy Baku can talk to local healthcare providers on your behalf to check a clinic’s policy in this matter.

Hospital medical staff can give you advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) should you or they feel it is necessary. This can be prescribed at any hospital.

PEP is not available in the country but could be brought in on special prescription by Clinics including International SOS. More information on risks is available on the NHS website.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28-day treatment on return to the UK.

Emergency contraception can be obtained from a pharmacy, though you will require a prescription and it is not free.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Abortion is available in Azerbaijan for a gestational period up to 12 weeks for non-medical reasons. This period can be extended if there are medical complications.

Hospital treatments and tests can be paid in card, though some local clinics may accept cash payments.

If you have had medication administered whilst overseas keep the label or make a note of the name of the medication and let your local health provider know.

Police investigations in Azerbaijan

After the crime is reported to police, they decide, depending on the circumstances of the incident, either to refer the case to the Prosecution Office or take the case forward themselves after an initial interview with you.

The police may take you to the scene of the crime to get more details on the incident; however, they will not take you to a location where you think the attacker is located to try and identify the person. You could be interviewed simultaneously with the suspect by the police and there is a risk of you and the suspect meeting in corridors or waiting areas of the building.

You will be asked to identify the suspect at the police station or prosecutor’s office depending on the criminal offence committed. Most police stations/prosecution offices have special rooms equipped with one-way mirrors to identify suspects. You also have the right to request incognito identification process. (Article 239.7 of Criminal Procedural Code). By law you must attend as part of the investigation process.

Criminal investigations in Azerbaijan tend to progress very slowly.

You are generally expected to make statements in person, though having a lawyer present throughout the proceeding can be beneficial. The lawyer can speak to the prosecutor on your behalf based on the case notes and copies of protocols.

Once the initial police investigation is completed, the Public Prosecutor or the police will decide one of several options open to them:

• order a trial. They will do this if they have overwhelming evidence – for example, if the suspect has confessed beside other substantial evidences
• they can file the case. This does not mean that they have decided that nothing happened, but that they do not have sufficient grounds or evidence to prosecute
• they can extend the period of the investigation depending of the circumstances of the case

The indictment completed by the Police is subject to the clearance of the Prosecutor. If all elements of a criminal offence are already identified by investigation body and relevant evidence(s) exist, then victim may leave the country and hire lawyer to act on his/her behalf to pursue the case.

Court procedures

All rape and assault charges are regulated under Articles of 149-153 of the Criminal Code of the Republic of Azerbaijan.

You are generally expected to testify in person. Questions are often asked around the details of sexual acts and might be uncomfortable for you. In Azerbaijani law the absence of consent is considered as rape, however in practice the absence of torn clothes, or physical injury may be seen as consent, although in all cases it will be subject to investigation. Testimony in the courtroom will be in front of the accused. The accused’s family members can attend the court hearing.

The vast majority of judges in Azerbaijan are male.

You are entitled to get updates on your case. However, having legal representation from the early stages of a case increases the likelihood that your rights will be respected during initial interviews with police and further investigation stages. By engaging a lawyer at your own expense, you will receive better representation.

Find a private lawyer.

A lawyer might be provided by the court but this is not guaranteed and there is no guarantee of quality either. If you choose to request a lawyer from the court, you should inform them of this requirement in advance to allow them to make suitable arrangements.

You can drop charges by providing a written statement to the investigators, but you will have to explain the reason for doing it. If they suspect you gave a false statement, you can face legal repercussions.

The assailant may press counter charges against you claiming that you have made false accusations. The court will investigate these claims and decide on proceedings. Courts can order perpetrators to pay compensation to victims of rape and sexual violence, including for moral damage.

If you do not speak Azerbaijani, a translator will be provided by the court and you should inform them of this requirement in advance to allow them to make suitable arrangements. You can also have your own interpreter. The Embassy can provide a list for you to choose one from. Consular staff will not normally be able to attend the trial with you. You may wish to be accompanied by a friend or member of your family for the court hearing.

There are no public foundations in Baku to cover physical or psychological injuries suffered as a result of a violent crime although there is psychological support available in English limited in number.

When you return home to the UK

Read our advice on returning to the UK following rape and sexual assault abroad.

You may want to let your GP or a Sexual Assault Referral Centre know what has happened to you so that you can talk about the experience and seek further support and advice.

If you believe you may be at risk of having contracted a sexually-transmitted infection (STI), you should ask your local health provider to test you, even if you have been tested in the country that the assault took place in.

Azerbaijan police will not inform UK police of a crime. It is your choice whether you let people know. If you are ready to talk about it, the organizations highlighted below may be able to help you to defeat the process mentally.

Support organisations in Azerbaijan and UK

State Committee for Family, Women and Children Affairs of the Republic of Azerbaijan

AZ1000, U.Hajibayli 80

Government House, Fourth Floor, Baku

Tel: +99412 498 0092; +99412 493 5872; hot line 860

office@scfwca.gov.az

9am to 5pm from Monday to Friday

Psychological counselling and legal support in Russian, English and Azeri.

Child helpline service – Reliable Future Youth Organisation in Baku

This service is provided on the phone:

• 99412 116111 (landline)
  +994506802280 (mobile)
  +994508801180 (mobile)
  

9am to 5pm from Monday to Friday.

Provide social and psychological counselling and legal support in Russian, English and Azeri. The service is open for every child and also for all concerned adults, including members of child’s family.

Mental Health Centre in Baku

16 Hidayetzadeh street
AZ1154, Baku, Azerbaijan

Tel: +994 12 566 24 09

info@psm.az

9am to 5pm from Monday to Friday. Provides psychiatric, psychological and psychosocial care

Gender Hub Azerbaijan

Gender Hub Azerbaijan - Facebook

Tel: +994 77 306 75 50

genderhubazerbaijan@gmail.com

9am to 5pm from Monday to Friday.

It is a collaborative platform for equality by covering public issues to prevent violence against women and girls ((Russian and Azeri)

Dr Ikram Rustamov MD, PhD (Psychiatrist)

HB Guven Clinics
Ataturk pr, 3078, Baku

Tel: +99470 511 28 59; +99451 858 57 47

ikramctf@gmail.com

9am to 5pm fromMonday to Friday.

Provision of psychiatric, psychological and psychosocial counselling in Russian, English and Azeri.

Glasgow and Clyde Rape Crisis Centre

Glasgow & Clyde Rape Crisis Centre is a support service for women and girls aged 13 and over who have been raped, sexually assaulted or sexually abused at some point in their lifetime.

Live Online Support is an online service that gives British survivors of sexual violence access to UK-based real time support from anywhere in the world, via Skype, FaceTime, Instant Messenger and email. More information including the times Live Online support is available is on their website.

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither Her Majesty’s Government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied. This information is not intended to be a substitute for professional medical or legal advice.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.