Azerbaijan has sentenced a French citizen to three years in prison for spray painting a Baku metro car, as diplomatic relations between Baku and Paris remain tense.

On 10 September, the Narimanov District Court in Baku sentenced Théo Clerc to three years in prison for painting the train carriage at the Baku metro depot. Australian citizen Paul Han and New Zealand citizen Ismael De-Saint Quentin were fined ₼6,800 ($4,000) each for the same charge.

The harsh sentencing of Clerc compared to the other foreign nationals comes against the backdrop of growing tensions between France and Azerbaijan. 

A spokesperson for the French Embassy in Azerbaijan told OC Media that France ‘denounces the arbitrary and openly discriminatory treatment suffered by our compatriot Mr Théo Clerc in Azerbaijan’.

The spokesperson said the embassy had attended the trial and was in contact with the Azerbaijani authorities about the case. 

The three foreign nationals were originally detained on 30 March. At that time, they were told to pay approximately ₼5,000 ($2,900) in damages, though this was later raised to ₼9,800 ($5,800) by the Narimanov District Court. 

On 1 April, the Baku Metro appealed the court’s decision to fine the three, after which a criminal case was launched against them. While the Australian and New Zealand nationals were released on bail, Clerc spent three months in pre-trial detention. 

According to their lawyer, Elchin Sadigov, the court considered the graffiti, which had no political meaning, to be ‘hooliganism’ and ‘damage to someone else's property’, charges that carry severe penalties. However, Sadigov told OC Media that the three foreign nationals had already paid the original fine of ₼5,000, as well as an additional ₼7,000 ($4,100) to cover the cost of the train being taken out of service for three days. In addition, he said they paid a further 25% of the total amount in order to close the criminal case. 

Sadigov told OC Media that they would appeal the verdict.

‘I do not represent France’

Since Clerc’s arrest in March, there has been widespread speculation that his prosecution was linked to Azerbaijan’s increasingly hostile relations with France. 

At the start of the trial on 9 August, Meydan TV reported that Clerc told the court that he believed Azerbaijan was punishing him for France’s declining relations with Azerbaijan. 

‘It is not right to punish me because of relations with France. I came to visit here with my friends as an ordinary tourist. I do not represent France’, he said.

An anonymous French diplomatic source reportedly also told IntelliNews that the entire reason behind Clerc’s arrest was his nationality.

‘However, we don't have much leverage or power to do anything’, they added.

Since the 2020 Second Nagorno-Karabakh War, France has become increasingly critical of Azerbaijan’s handling of the conflict. They have also enhanced their support of Armenia, including through the supply of advanced weaponry.

In December 2023, Azerbaijan and France expelled several of each other’s diplomats. That same month, Azerbaijani authorities arrested French national Martin Ryan on charges of espionage. According to his father, Richard Ryan, Martin’s arrest was linked to this mutual expulsion of diplomats: ‘Once, he told me: “they wanted to use me as a pawn” ’, Ryan told AFP. 

Then, in April, France recalled their ambassador to Azerbaijan to discuss Azerbaijan’s ‘continuation of unilateral actions damaging to relations between our two countries’. 

In May, France accused Azerbaijan of fomenting deadly riots in their South Pacific colony of New Caledonia. 

[Listen on the Caucasus Digest podcast: Is Azerbaijan a champion of anti-colonialism?]

On 4 September, France issued a travel advisory, urging its citizens, including dual nationals, to avoid travel to Azerbaijan due to ‘the risk of arbitrary detention and unfair trial in this country, whose judicial system offers no guarantee of independence or rights of defence’.