Azerbaijan has joined the ranks of European countries with the highest incarceration rates.

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In Azerbaijan, the number of prisoners in prisons exceeds the number of convicted individuals under probation supervision, according to a new report from the Council of Europe. The number of individuals under probation supervision in the country has increased, but alternative punishment measures are still applied limitedly.

As reported by "Caucasian Knot", Azerbaijan is among the countries of the Council of Europe with one of the highest rates of prisoners relative to the population, and the occupancy of prisons is close to critical, as noted in the annual report of the Council of Europe "Prisons and Prisoners in Europe" for 2025. The overcrowding of prisons is caused by harsh court decisions and a virtually non-functioning parole system, human rights defenders indicated.

The number of individuals under probation supervision in Azerbaijan increased by 7% from January 2024 to January 2025. However, the country still ranks among European states where the number of prisoners exceeds the number of individuals under probation supervision, according to a new study by the Council of Europe published on July 9.

According to the latest annual statistical report from the Council of Europe on individuals under the supervision of probation services (SPACE II study for 2025), the application of alternative non-custodial punishments continues to expand in European countries. The document notes that currently in Europe, the number of people under probation supervision and on parole exceeds the number of prisoners in jails.

According to the report, about 1.4 million people in Europe are under supervision as part of probation and other alternative punishment measures, while the number of individuals held in correctional facilities is about 1.1 million.

In most European countries (28 out of 36), the number of individuals under probation supervision per 100,000 residents exceeds the number of prisoners. Azerbaijan, along with Montenegro, Greece, North Macedonia, Switzerland, Serbia, Bulgaria, and Croatia, is among the countries where the number of prisoners is higher than the number of individuals serving non-custodial sentences.

In Azerbaijan, there are 271 prisoners for every 100,000 residents. By this indicator, the country is second in Europe only to Turkey, where there are 458 prisoners per 100,000 people.

The median figure for Europe is 110 prisoners per 100,000 population. Thus, the incarceration rate in Azerbaijan is approximately 2.5 times higher than the average European figure. Along with Azerbaijan, Moldova and Georgia are also countries with high incarceration rates.

The report also highlights significant differences between countries in the application of alternative punishment measures.

For instance, the number of individuals under probation supervision or on parole per 100,000 residents is 16 in Montenegro, 136 in Azerbaijan, and 652 in Poland.

The document also provides data on the occupancy of the penitentiary system. In Azerbaijan, there are 98 prisoners for every 100 places in correctional facilities. According to the report, this figure is one of the key criteria for assessing the burden on the prison system.

Analysts commented on the overcrowding of prisons in Azerbaijan

According to the expert of the analytical service of the Turan agency Tapdyg Farhadoglu, "the high rate of arrests at the investigation stage is one of the key factors contributing to the overcrowding of prisons in Azerbaijan." "International practice suggests a broader application of alternative preventive measures, including house arrest, electronic monitoring, bail, and police supervision," the analyst told the correspondent of "Caucasian Knot" on July 10.

He noted that in recent years, the authorities have adopted a number of regulations aimed at humanizing criminal policy. In particular, he pointed out that the decree of the President of Azerbaijan dated February 10, 2017, provides for reducing the use of arrest and expanding the use of alternative punishments not involving isolation from society. Additionally, on April 17, 2026, the Plenary of the Constitutional Court recommended limiting the practice of detention at the investigation stage and more actively applying alternative preventive measures such as bail, a commitment not to leave, police supervision, and house arrest.

The potential of these mechanisms is used limitedly

"However, the potential of these mechanisms is used limitedly. The mechanisms of parole, replacing punishment with a milder one, as well as release due to illness are not applied widely enough. As a result, many convicts serve their full sentences even when there are grounds for mitigating punishment," Farhadoglu continued.

In his opinion, expanding prison infrastructure alone does not solve the problem of overcrowding in institutions. "International practice shows that tightening criminal policy does not automatically lead to a decrease in crime rates. Alternative punishments that allow individuals to remain with their families and continue working are considered more effective. Courts can more frequently impose non-custodial sentences: fines, community service, probation, and restrictions on freedom. It is also necessary to more actively apply alternative preventive measures at the investigation stage, except in cases involving serious crimes against individuals and the state. All these measures will, on one hand, reduce state expenses, and on the other hand, humanize the country's criminal policy, adapting it to modern European standards," the analyst noted.

The philosophy of state policy is that imprisonment should not only be a punishment for crimes but also a tool of intimidation, so that society remains in a state of obedience

One of the Baku activists, who spoke to the correspondent of "Caucasian Knot" on the condition of anonymity, links the high level of incarceration in Azerbaijan to the overall state policy. "The law enforcement and penitentiary systems here are more punitive than corrective in nature. This is especially evident in cases with a political context. Courts often choose the extreme measure of detention, which is effectively used as punishment. Subsequently, sentences with long prison terms are issued. Overall, such practices are characteristic even for non-political cases. The philosophy of state policy is that imprisonment should not only be a punishment for crimes but also a tool of intimidation, so that society remains in a state of obedience," he stated.

The Azerbaijani authorities did not comment on the published report.

Earlier, a member of the Bar Association of Azerbaijan, Javad Javadov, named the very limited use of the parole institution as the reason for prison overcrowding. "In this area, a multi-level control has formed: the position of the penal institution, the need for approval from various instances, informal agreements (with higher authorities, - ed. "Caucasian Knot") and additional prosecutorial oversight. As a result, even when the formal term for parole arrives, a person often does not get released. Thus, the parole institution does not become an effective mechanism for reducing the number of prisoners and relieving the penitentiary system," Javadov said.

He believes that prison overcrowding in Azerbaijan is a systemic problem affecting the conditions of detention. According to him, international recommendations emphasize the expansion of alternatives to imprisonment and the development of early release mechanisms, rather than one-time amnesties.

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