Khadija Ismayilova, one of Azerbaijan’s most celebrated journalists, will be given the opportunity to appeal against the decision by the Baku Court of Appeal to imprison her.
The appeal will be heard by the Supreme Court of Azerbaijan on 25 May.
Ismayilova has been arbitrarily imprisoned since December 2014 and was sentenced on September 2015 to seven and a half years in prison. Although she is officially charged with large-scale misappropriation and embezzlement, illegal entrepreneurship, tax evasion and abuse of official duties, it is widely believed that the real reason for Ismayilova’s imprisonment is her investigative journalism.
Earlier this month, the United Nations recognised Ismayilova’s brave reporting and self-sacrifice with the prestigious Unesco/Guillermo Cano World Press Freedom Prize.
The journalist’s mother, Elmira Ismayilova, accepted the award on her daughter’s behalf. She read a statement Ismayilova wrote from prison: “As you gather here tonight, I ask you not to laud my work or my courage, but to dedicate yourself to the work each one of you can do on behalf of press freedom and justice.”
Ljiljana Zurovac, president of the Unesco/Guillermo Cano World Press Freedom Prize 2016 jury, said: “Khadija Ismayilova highly deserves the Prize and I am happy to see that her courage and professionalism are recognised.”
The appeal will take place two days before the journalist’s 40th birthday. To mark Ismayilova’s birthday and call for her immediate and unconditional release, the Sport for Rights campaign is collaborating with others, including Index on Censorship, to co-ordinate a series of parallel protests in cities around the world.
On World Press Freedom Day, 3 May 2016, Azerbaijan’s independent media is under greater attack than ever before.
The undersigned members of the Sport for Rights coalition condemn the Azerbaijani authorities’ relentless crackdown on the independent media and other critical voices. Sport for Rights calls on the Azerbaijani authorities to implement immediate and concrete steps to improve freedom of expression in the country, starting with the unconditional release of UNESCO/Guillermo Cano World Press Freedom Prize winner Khadija Ismayilova and Azerbaijan’s other jailed journalists, bloggers, and other political prisoners.
Despite the recent releases of 16 political prisoners, dozens remain jailed for political reasons in Azerbaijan. Among them are journalists Nijat Aliyev, Araz Guliyev, Seymur Hezi, and Khadija Ismayilova; bloggers Abdul Abilov, Faraj Karimov, Rashad Ramazanov, and Ilkin Rustemzade; and others targeted in connection with exercising their right to freedom of expression, such as opposition Republican Alternative (REAL) movement leader Ilgar Mammadov.
The authorities’ pressure on journalist Khadija Ismayilova has been particularly relentless. She has been extensively targeted for exposing corruption of President Aliyev’s family and other ruling elite, topics recently brought into the spotlight again by the Panama Papers leaks. Ismayilova is currently serving a 7.5-year prison sentence on spurious charges of illegal entrepreneurship, tax evasion, and abuse of power.
“The continued imprisonment of Khadija Ismayilova and other journalists is unacceptable and undermines any goodwill generated by the recent releases of political prisoners in Azerbaijan. UNESCO’s decision to award Ismayilova the World Press Freedom Prize should serve to inspire renewed international calls for her release. The Azerbaijani government must free Ismayilova and cease its attack on critical voices”, said Jesper Højberg, Executive Director of International Media Support.
At the same time, the Azerbaijani authorities have shown that their revolving-door policy of politically motivated arrests is still in place. On 30 March, 79-year old writer Akram Aylisli was detained at the Baku airport on the way to a literary festival in Italy. He was questioned for 12 hours and told he was under a travel ban. Aylisli now faces up to three years in jail on spurious charges of violently resisting authorities.
The Azerbaijan Prosecutor General’s Office has also opened a criminal case against Meydan TV, an independent online media outlet based in Berlin that provides alternative news coverage of Azerbaijan. Meydan TV is being investigated for alleged illegal entrepreneurship, tax evasion, and abuse of power. Fifteen journalists have been specifically named in the investigation, many of whom remain in the country, now under travel bans, and face the very real threat of imprisonment. Meydan TV’s staff based abroad have also been targeted through threats and extensive pressure on their relatives, including job dismissal and politically motivated detention.
“A diverse and pluralistic media is a hallmark of a democratic and progressive state. The renewed crackdown on Meydan TV, alongside repression of other critical media outlets, demonstrates the Azerbaijani government’s unwillingness to tolerate any criticism and a total failure to commit to systemic and genuine reforms that would enable freedom of expression for all”, said Thomas Hughes, Executive Director of ARTICLE 19.
All of this occurs against the backdrop of a broader crackdown on freedom of expression and other human rights in Azerbaijan. Other independent media and NGOs working to promote free expression have been targeted in recent years, including Radio Free Europe/Radio Liberty’s Baku bureau and the Institute for Reporters’ Freedom and Safety. The state completely dominates the broadcast media, and one of the few remaining critical newspapers, Azadliq, has been forced to suspend publication of its print edition and teeters on the brink of closure. Violent attacks against journalists – including murders – are committed with impunity, resulting in a climate of fear for the independent media.
The Sport for Rights coalition calls for the Azerbaijani authorities to take immediate and concrete steps to cease this persecution of the independent media, starting with the unconditional release of Khadija Ismayilova and Azerbaijan’s other political prisoners. Sport for Rights also calls for sustained international attention to the broader human rights crackdown in the country, especially in the run-up to the Formula One European Grand Prix, which will take place in Baku from 17 to 19 June. The Azerbaijani government must be held accountable for its international human rights obligations.
Index reported on 22 April that the case against Azerbaijani writer Akram Aylisli, who previously faced charges of hooliganism after being detained at Baku Haydar Aliyev International Airport on 30 March, has expanded to include charges of resisting the authorities with violence. Under article 315.1 of the criminal code, this is punishable by up to three years in prison.
The move came following an open letter Aylisli sent to Azerbaijani President Ilham Aliyev. In it, he points to the absurdity of the claim that a “78-year-old heart patient, a weak man” could assault a 35-year-old “stocky athlete”. The writer asked the president to intervene and remove the criminal case against him.
Here is the translation of the letter:
President of Azerbaijan Mr. Ilham Aliyev
Dear Mr. President,
The investigation of the “criminal case” against me is about to be finished.
My supposed “crime” is that when I arrived to Baku Heydar Aliyev International Airoport, intending to travel to Venice to take part in literary festival on 30 March-2 April, I supposedly made an act of hooliganism, not captured on any of the video surveillance cameras, and later supposedly assaulted a border service officer, in a room with no surveillance cameras, punching him with such force as to cause bruising.
To convince anyone that a 78 year old, suffering from heart condition, physically weak person can generate such assault physical force against a 35 year old stocky athlete is, most certainly, absolutely impossible and beyond belief. I should most sincerely tell you that, having learned of this absurd accusation in the police department, I absolutely could not believe that it may reach the court of law.
I thought that measures should be taken against such primitive accusations put forward against celebrated writer who was awarded a high order of “independence” for exceptional contribution to Azerbaijan literature. I could not hide from you, Mr. President, that, I expected from you personally, that in this matter your authoritative voice would be heard.
However, unfortunately, my hopes were in vain. Once again I became convinced that top government structures are not interested in me living a tranquil life, continuing my many years of literary work.
It is very difficult for me to understand who would benefit from this unprovoked incident in the airport. However, it is clear that I could not, at all, be the side interested in stirring such an incident.
In the last few years my family had to suffer all kinds of insults and hardship, and I had very strong psychological need for opportunities for peaceful existence in my own country. However, with much regret I must state that the reality is quite opposite, and I have all reasons to believe that the campaign against me and my family, started 3 years ago, is to continue.
In my opinion, Mr. President, there was no need to restart this campaign!
First of all, the reason for that is that my short novel “Stone Dreams”, published several years ago, in the recent times finally left the political context and started to live an appropriate, unbiased literary life. Many well-established publishing houses, not involved in international politics, estimated the book highly just for its artistic and esthetic qualities and decided to publish it. I was very happy that my book is not serving seasonal nationalistic interests, but via its humanistic ideas and high humane values serves the national Azerbaijani literature tradition
I could name globally recognized scientists, artists and politicians who accepted my book as literary work with humanistic and peace-loving perspective.
I often get letters via the internet from ordinary people from many countries. In those unsolicited letters, the literary and esthetic values of the book are emphasized.
For example, I was very touched to read a letter from the 3rd year student of Bratislava University’s Russian and Eastern European Studies faculty, Patrisia Patzelitova, who has written course work and is now writing a bachelor diploma on my long-suffering novel “Stone Dreams”. The author of this letter, who is very far from any kind of political intrigue, who sees no difference between ordinary Armenians and ordinary Azerbaijanis, tries to evaluate the artistic ideas of “Stone Dreams” most objectively.
In my opinion, it would be wrong to speculate that my nomination for Nobel Prize by 13 respected professors from different countries is in any way an Armenia-related initiative. None of those intellectuals are political actors interested in temporary, short-term political intrigue. I was long sure that while we ignore the opinion of the world, the world will also not listen to us.
I could provide many examples of sympathy towards my work from unbiased people that should change the attitude of Azerbaijan’s government towards me. However, unfortunately, it has not changed.
The government, in line with historic precedence, wanted to prove that it could never be wrong. However, I always thought that the government may also be wrong and may try to cover that behind the curtain of pseudo “people’s fury”.
There is nothing strange about this. The history knows that, from time to time, there is misunderstanding between politicians and artists, and those misunderstandings are not without their own reasons.
If the government policy was indeed impeccable, it could not so happen that a short artistic novel, however wrong and harmful it could be, would cause such a disturbance to the state’s ideological life.
Alongside with the need for economic reforms, the need for serious reforms in country’s ideological and political life is as urgent as ever, Mr. President!
It is not hard for me to understand that this work, which caused me much insult and hardship, created certain problems for the current Azerbaijan’s governing ideology. But I could not possibly agree that this work, in any way, discredits Azerbaijani people. In my opinion, the protagonists of the book: Saday Sadagli, Dr. Abbasov and Dr. Farzani are the bearers of high moral standards, who feel compassion towards all people, regardless of their national and religious identity. These are bright members of Azerbaijani people, its intelligencia. Those characters could not possible denigrate the people of Azerbaijan.
I’m 79 years old now, and my days are numbered: not by years, probably by months and days. Now, certainly, I worry more not about my own destiny, but destiny of my family, the plight of my sons who remain unemployed for my supposed “sins”. It would be naïve of me to expect that someone would show mercy and offer jobs to my children in the country of wolfish officials, who nod to every command from the top and differ from robots only by their endless greed and passion for bribes. That these stresses and hardship happened just because of a literary work seems a nightmare to me.
The last three years I live in the environment of psychological terror, and I daily witness the cruel violation of my basic human rights.
Even the doors of my country house are totally locked on me. It is not that I’m worried of disrespect from my countrymen: it is meaningless to be afraid of that, as I’m certain that the attitude of ordinary people towards me has not changed. Those doors are locked because in my small homeland, on each step I’m worried about possible ordered provocations.
As you probably know, “Stone Dreams” is not the first of my works published overseas. This book is a logical continuation of my body of work, and it’s not my fault that “Stone Dreams” only differ from my previous work in its theme. Also it’s not my fault that in other countries the book is judged by different criteria than in Azerbaijan.
It is not by accident that the publishing house that published “Stone Dreams” last year, also became interested in publishing my 1960s trilogy “People and Trees”. The book of my selected works, published in St. Petersburg, Russia in 2014, is also planned for publication in the United States. It should not escape attention that “Stone Dreams” is evaluated in many counties as masterly artful prose.
Mr. President, I have never been the trouble-maker who likes to create public scandals. Neither am I a culprit of such wide coverage of the airport “incident” in the international media.
My emotional address to you comes from my hope and belief that your word will have a decisive role in finding out the truth, establishing and punishing the real culprits of the said incident.
The case against Azerbaijani writer Akram Aylisli, who previously faced charges of hooliganism after being detained at Baku Haydar Aliyev International Airport on 30 March, has expanded to include charges of resisting the authorities with violence. Under article 315.1 of the criminal code, this is punishable by up to three years in prison.
The move came following an open letter Aylisli sent to Azerbaijani President Ilham Aliyev. In it, he points to the absurdity of the claim that a “78-year-old heart patient, a weak man” could assault a 35-year-old “stocky athlete”. The writer asked the president to intervene and remove the criminal case against him.
“Following [the letter], against all my expectations, my situation rapidly got worse,” Aylisli told Index on Censorship, referring to the new charges. “Also, a new vicious, libellous public campaign against me started in media,” he added.
In March, Aylisli was detained for 12 hours at the airport when he was due to participate in an Italian literary festival. He was accused of assaulting border guards and his travel documents were confiscated.
“Absurdly and illogically, this alleged incident of punching a border guard happened well after the plane departed and was later used by the border service as an explanation for denying the border crossing before the plane had left!” he told Index on Censorship.
Aylisli was once a popular writer in Azerbaijan until 2012 and the publication of his novel Stone Dreams, which tells of the massacres of Armenians in Azerbaijan. His books have since been burned and threats have been made to cut off his ear. Index on Censorship has published one of his short stories, translated into English for the first time, its latest issue.
