Flag Day: The illusion of progress in Azerbaijan

azerbaijan flag

November is a month of historical anniversaries. Last Thursday was the annual commemoration of the foiling of the Gunpowder Plot and yesterday the UK fell silent to pay tribute to its war dead on Remembrance Sunday.

A much lesser-known date — at least to anyone outside Azerbaijan — is the country’s Flag Day, the celebration of the tricolour which was first adopted as the national flag on 9 November 1918.

The flag hoisted in the capital city of Baku was once confirmed by the Guinness Book of Records as being the tallest in the world. It flies on a pole 162 meters high and measures 70 by 35 meters. While the flag underwent a hiatus while Azerbaijan was part of the Soviet Union between 1920 and 1991, it is now a proud symbol of the country’s independence.

The tricolour consists of three horizontal stripes, each being deeply symbolic. The blue stripe stands for the Turkish origin of Azerbaijani people and the green stripe at the bottom expresses affiliation to Islam. Neither can be disputed. The red stripe in the middle, however, is problematic. It stands for progress, modernisation and democracy.

But Azerbaijan’s status as a modern democracy is less than convincing. Sure, the country has made some significant strides since the collapse of communism. It boasts a 98.8% literacy rate, and since the early 2000s spending on education has increased five-fold, for example.

However, there is an illusion of material progress in Azerbaijan. As Index on Censorship has been reporting, the country has experienced an unprecedented crackdown on human rights and freedoms.

Little over a week ago, Azerbaijan held a parliamentary election while an estimated 20 prisoners of conscience sat in prison. Azerbaijani journalist Khadija Ismayilova, who was sentenced to seven years and six months in jail in September for exposing state corruption, is one of them. The award-winning journalist was detained on 5 December 2014 and eventually convicted of libel, tax evasion and illegal business activity.

President Ilham Aliyev’s government has long claimed that “all freedoms are guaranteed in Azerbaijan“. Given his government’s lack tolerance for dissent, this clearly isn’t the case. Leyla Yunus, founder and director of the Institute for Peace and Democracy, and her husband, historian Arif Yunus — both outspoken critics of the government — have been detained since summer 2014 when they were arrested on charges of treason and fraud. On 13 August, the Baku Court on Grave Crimes sentenced Leyla to eight years and six months in prison and Arif to seven years in prison.

Democracy activist Rasul Jafarov, human rights lawyer Intigam Aliyev and journalist Seymur Hezi are also serving prison sentences on charges that were widely condemned for being politically motivated to silence outspoken critics of the government of President Aliyev.

The list of journalists and activists who have been arrested, abused, beaten and even killed goes on. In June 2015, on the eve of the inaugural European Games in Baku, activists from Amnesty International and Platform were banned from entering the country. Both organisations have been highly critical of Aliyev’s government, and its continuing targeting, jailing and prosecution dissenters. Even The Guardian was blocked from reporting on the games when its reporter was barred.

The ruling party in Azerbaijan may have won an outright majority in this month’s elections, cementing Aliyev’s hold on power. However, opposition parties boycotted the vote over concerns it was neither free nor fair. Even the Organization for Security and Cooperation in Europe (OSCE) refused to monitor the election after authorities severely limited its ability to observe the vote effectively. It marks the first time since 1991 that the OSCE has not monitored an Azerbaijani election and highlights that the situation in the country is far from progressive.

Flag Day is set against a backdrop of arrests and human rights abuses. If Azerbaijan is to earn its stripes, the authorities must uphold their human rights obligations, release all prisoners of conscience and allow for elections that meet basic democratic standards.

This article was posted on 9 November 2015 at indexoncensorship.org

Azerbaijan: Sport for Rights coalition condemns sentencing of journalist Khadija Ismayilova

The Sport for Rights coalition strongly condemns the sentencing of Azerbaijani journalist Khadija Ismayilova to a staggering 7.5 years in jail. On 1 September, the Baku Court of Grave Crimes convicted Ismayilova on charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office. Ismayilova was acquitted of the charge of inciting someone to attempt suicide. Sport for Rights considers the charges against Ismayilova to be politically motivated and connected to her work as an investigative journalist, particularly her exposure of corruption among the ruling Azerbaijani elite.

“We condemn today’s verdict in the case of Khadija Ismayilova, which puts an outrageous yet expected ending to the grotesque proceedings against her”, CPJ Europe and Central Asia Program Coordinator Nina Ognianova said. “The time for business as usual with Azerbaijan is over. We call on Baku’s counterparts in the international community to make no further dealings with this highly repressive state until Ismayilova is unconditionally released and fully acquitted of all fabricated accusations”.

“Khadija Ismayilova’s trial failed to meet minimum fair trial guarantees, a pattern that has been regularly observed by IPHR’s monitors in similar cases in Azerbaijan”, said Brigitte Dufour, IPHR Director. “The defence’s motions are routinely rejected, which runs contrary to the principle of equality of arms – a cornerstone of the right to a fair trial – and indicates that the judges in these trials are openly siding with the prosecution”.

One of Azerbaijan’s most prominent investigative journalists, Ismayilova is also among the most courageous, one of very few willing to report on risky topics such as human rights violations and corruption. In the months leading to her arrest in December 2014, Ismayilova was aware she could be targeted, which she linked to her investigations into the business interests of President Ilham Aliyev’s family. Despite being warned not to return to the country from trips abroad – during which she spoke at international organisations on abuses taking place in Azerbaijan – Ismayilova persisted, speaking out critically until her arrest, and even afterwards, in letters smuggled out from jail.

Sport for Rights believes that in jailing Ismayilova, the Azerbaijani authorities sought to silence her critical voice before the country faced increased international media attention during the inaugural European Games, which took place in Baku in June 2015. Sport for Rights has referred to Ismayilova as a “Prisoner of the European Games” – along with human rights defenders Leyla and Arif Yunus, Rasul Jafarov, and Intigam Aliyev, who were also arrested in the run-up to the games.

“For her thorough and fearless investigative journalism, which has uncovered corruption at the highest levels of power, Khadija has earned numerous accolades, including PEN American’s 2015 Barbara Goldsmith/Freedom to Write Award”, said Karin Deutsch Karlekar, director of Free Expression programmes at PEN American Center. “However, speaking the truth has grave consequences in Azerbaijan, where independent reporting has been all but extinguished through farcical trials, imprisonment, murder, and other forms of severe harassment. We demand that the government cease this unprecedented witch-hunt against journalists and their family members, and enable Azerbaijani citizens to freely access a range of news and information”.

The harsh sentencing of Ismayilova is the latest incident in an unprecedented crackdown being carried out by the Azerbaijani authorities to silence all forms of criticism and dissent. Less than two weeks before Ismayilova’s verdict, the same court sentenced human rights defenders Leyla and Arif Yunus to 8.5 and seven years in jail, respectively. Authorities have so far disregarded the widespread calls for humanitarian release of the couple, who both suffer serious health problems that continue to worsen in custody. Human rights defenders Intigam Aliyev, Rasul Jafarov, and Anar Mammadli are also serving staggering sentences of 7.5 years, six years and three months (recently reduced from 6.5 years by the appellate court), and 5.5 years, respectively, all on politically motivated charges.

The situation for journalists is also dire. On 9 August, journalist and chairman of the Institute for Reporters’ Freedom and Safety Rasim Aliyev died in hospital after being severely beaten the previous day. Aliyev had reported receiving threats in the weeks leading to the attack, and the police failed to provide him with protection. This attack followed an earlier high-level threat against an Azerbaijani journalist, Berlin-based Meydan TV Director Emin Milli, in connection with his critical reporting on the European Games. In addition to Ismayilova, journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu are also behind bars on politically motivated charges.

The Sport for Rights coalition reiterates its call for Ismayilova’s immediate and unconditional release, as well as the release of the other jailed journalists and human rights defenders in Azerbaijan. The coalition also calls for the Azerbaijani government to take immediate and concrete steps to improve the broader human rights situation in the country, particularly in the context of the upcoming November parliamentary elections. Without independent media coverage, including critical voices such as Ismayilova’s, the elections cannot be considered free and fair. Finally, Sport for Rights calls for greater vigilance by the international community to developments in the country, and increased efforts to hold the Azerbaijani government accountable to its international human rights obligations.

Supporting organisations:

ARTICLE 19
Civil Rights Defenders
Committee to Protect Journalists
Freedom Now
Front Line Defenders
Helsinki Foundation for Human Rights
Human Rights House Foundation (HRHF)
Index on Censorship
International Federation for Human Rights (FIDH), within the framework of the Observatory for
the Protection of Human Rights Defenders
International Media Support (IMS)
International Partnership for Human Rights (IPHR)
NESEHNUTI
Norwegian Helsinki Committee
PEN American Center
People in Need
Platform
Polish Green Network
Solidarity with Belarus Information Office
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Anniversary of human rights defender’s arrest marks year of unprecedented repression in Azerbaijan

Leyla Yunus (Photo: Human Rights Watch)

Leyla Yunus was arrested on 30 July 2014. (Photo: Human Rights Watch)

A year after the Azerbaijani government launched an unprecedented crackdown on human rights, the situation in the country continues to deteriorate.

One year ago, on 30 July 2014, Azerbaijani human rights defender Leyla Yunus was arrested and charged with treason, fraud, forgery, tax evasion, and illegal entrepreneurship. Yunus, the Director of the Institute of Peace and Democracy, was a tireless rights advocate, likely targeted for her work on behalf of Azerbaijan’s many political prisoners, and her call for a boycott of the inaugural European Games, which took place in Baku in June 2015.

Yunus’s arrest marked the start of a period of unprecedented repression in Azerbaijan. The human rights situation in the country has now reached alarming lows as the authorities aggressively pursue the very individuals who worked to defend those already targeted for expressing critical opinions.

On 2 August 2014, human rights defender and founder of the Sport for Rights campaign Rasul Jafarov was arrested on charges of illegal entrepreneurship, tax evasion, and abuse of power. On 5 August 2014, Leyla Yunus’s husband Arif Yunus, a historian and activist in his own right, was arrested, followed by human rights lawyer Intigam Aliyev on 8 August 2014, on similar charges.

Also on 8 August 2014, authorities searched and closed the office of Azerbaijan’s leading press freedom organisation, the Institute for Reporters’ Freedom and Safety (IRFS), as part of a wider criminal investigation into a large group of NGOs working on issues related to democracy and human rights. IRFS Chairman Emin Huseynov sought refuge in the Swiss Embassy in Baku, where he remained for 10 months, fearing arrest. On 12 June, Huseynov flew out of Azerbaijan on the plane of Swiss Foreign Minister Didier Burkhalter, who attended the opening ceremony of the European Games in Baku.

For many years now, the Azerbaijani authorities have employed a range of tactics to silence critical voices, from physical attacks and torture to blackmail and imprisonment. In Huseynov’s case, however, they introduced an outrageous new tactic. In an unprecedented step, in violation of international and Azerbaijani law, the government stripped Huseynov of his Azerbaijani citizenship. He has become a stateless person, left with no choice but to apply for asylum in Switzerland.


 

Azerbaijan: Silencing human rights

Ongoing coverage of the crackdown on civil society by the government of President Ilham Aliyev


Many other human rights defenders and journalists have fled Azerbaijan out of fear for their safety. The Sport for Rights coalition fears that without widespread international condemnation, the same tactic could be applied to others, with the nationality of “unwelcome” activists renounced.

“The international community must keep its focus on Azerbaijan as the worst for the bravest, independent-minded individuals – both the ones remaining on the ground and those forced into exile – may be yet to come”, CPJ Europe and Central Asia Program Coordinator Nina Ognianova said. “The Azerbaijani regime is known for punishing its critics in the aftermath of the global mega events it has hosted, and the illegal, retaliatory renouncing of Emin Huseynov’s citizenship is an illustration of that. So is the harassment of the few remaining independent journalists in the country and the intimidation of the families of those pushed into exile”.

In a renewed assault against civil society, the Azerbaijani authorities have increasingly been targeting the family members of exiled activists. Ganimat Zahid, the editor-in-chief of Azadliq newspaper who has been in political exile since being forced to flee Azerbaijan in 2011, has seen the persecution of family members who remain in the country. His cousin and two nephews were arrested on charges varying from “refusing to comply with police instructions” to drug possession. Most recently, on 23 July, the authorities arrested the brother-in-law of Emin Milli – the Director of Meydan TV and a whistleblower in political exile – on similar drug charges. He faces up to 12 years in jail if convicted.

“This is a clear and worrying escalation of the Azerbaijani authorities’ crackdown on free expression”, said ARTICLE 19 Executive Director Thomas Hughes. “When those reporting the truth do not bend to intimidation, the authorities start detaining their family members and loved ones as a way to silence criticism entirely. This is a completely unacceptable attack on human rights in general, and specifically on free speech”.

Now, as international media attention has shifted from the country following the European Games, the broader human rights crackdown continues. The jailed Azerbaijani rights defenders are facing show trials marred by irregularity and due process violations, carried out by a judiciary that completely lacks independence. Although the charges against these rights defenders are spurious and politically motivated, they have no hope of fair and impartial trials.

On 15 July, a preparatory hearing was held in the case of Leyla and Arif Yunus, with the substantive portion starting on 27 July. After nearly a year of pre-trial detention, Leyla Yunus appeared ill and fatigued, and was kept in an isolated glass cage during the hearing. It was also the first time she has seen her husband Arif after many months of separation in different detention facilities.

On 21 July, the Baku Court of Appeals upheld the 22 April decision of the Court of Grave Crimes in the case of award-winning human rights lawyer Intigam Aliyev, leaving him in jail to finish his 7.5-year sentence. Aliyev was one of the few lawyers in Azerbaijan willing to take on human rights cases. He has filed hundreds of cases with the European Court of Human Rights, and had more than a dozen cases pending hearing at the time of his arrest.

“Intiqam Aliyev, the 2012 laureate of People in Need’s Homo Homini Award, is one of the bravest and most honest lawyers in the region, and has been punished solely for his human rights work. His continued imprisonment, following a sham trial, is a sad reminder that Azerbaijan’s justice system is broken and completely dependent on the political will of the government”, said Ivana Skalova, head of the East European Programme at the Prague-based NGO People in Need.

On 24 July, a preparatory hearing took place in the case of award-winning investigative journalist Khadija Ismayilova, jailed since December 2014 on charges of inciting someone to attempt suicide, with more serious charges later added of embezzlement, illegal entrepreneurship, tax evasion, and abuse of power. Ismayilova was one of the few journalists in Azerbaijan willing to cover risky topics such as corruption of the ruling elite.

“We condemn the ongoing imprisonment of Khadija, who has spent nearly eight months in detention as authorities attempt to suppress the most vibrant voices reporting from Azerbaijan”, said Karin Karlekar, director of Free Expression Programs at PEN American Center. “The charges against her are clearly fabricated, and we urge the government to respect the right to freedom of expression and allow her and other independent journalists to do their jobs freely”.

On 31 July, Rasul Jafarov will appeal the 16 April decision of the Court of Grave Crimes, sentencing him to 6.5 years in jail. He is also prohibited from holding any office for three years. During the first-instance trial, all of the prosecution’s witnesses testified in his favour, and the prosecution failed to prove his guilt. After the verdict, Jafarov reiterated that the charges against him were fabricated and politically motivated.

As Chairman of the Human Rights Club and founder of the Sing for Democracy, Art for Democracy, and Sport for Rights campaigns, Jafarov worked to defend the rights to freedom of expression, assembly and association. Just prior to his arrest in August 2014, he had published information on more than 100 cases of political prisoners in Azerbaijan.

As members of the Sport for Rights coalition, we urge the Azerbaijani authorities to cease this crackdown and take concrete steps to improve the human rights situation in the country. We reiterate our call for the immediate and unconditional release of Leyla and Arif Yunus, Rasul Jafarov, Intigam Aliyev, and Khadija Ismayilova, along with the other jailed journalists and human rights defenders. We further express deep concern at the severe deterioration in health of Leyla and Arif Yunus, who require urgent medical attention and should be immediately released on humanitarian, if not political grounds.

We also urge the international community to sustain attention to Azerbaijan in the coming months, as the few critical voices left in the country are at elevated risk in the aftermath of the European Games and in the run-up to the November parliamentary elections. Immediate and concrete action is needed to protect and support these individuals and to hold Azerbaijan accountable for its international human rights obligations.

Supporting organisations:

89up

ARTICLE 19

Committee to Protect Journalists

Index on Censorship

International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders

International Media Support

Pen American Centre

People in Need

Platform

Solidarity with Belarus Information Office

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Khadija Ismayilova tells court she is innocent of politically motivated charges

Khadija Ismayilova

Khadija Ismayilova

Investigative journalist Khadija Ismayilova declared her innocence at a pre-trial hearing, calling the charges against her poltically motivated.

Ismayilova, who has reported on corruption allegations involving the family of President Ilham Aliyev, is accused of embezzlement, tax evasion and abuse of power. Detained since December 2014, Ismayilova was originally charged with “incitement to suicide”, though that charge was later dropped.

The court barred members of the public, journalists, political figures and foreign diplomats, who had come to observe the proceedings, from entering the courtroom, Contact.az and Radio Free Europe reported.

Ismayilova’s trial was set to begin on 7 August.

“The decision to bar access to the public on the first day of Khadija’s trial underscores the capricious manner in which the government of President Ilham Aliyev is ruling Azerbaijan. Her’s is not the first spurious case aimed squarely at stifling critical voices in civil society. It’s vital that court officials hold the trial in a transparent manner”, Jodie Ginsberg, CEO of Index on Censorship said.

In the past year major figures in Azerbaijan’s civil society have been silenced through pre-trial detentions and multi-year prison sentences.

An earlier version of this article incorrectly stated that the pre-trial hearing was part of the trial.

Recent coverage:

Married political prisoners kept apart for 11 months, reunited in court
Lawyers call for the release of Intigam Aliyev
Azerbaijan: Silencing human rights

This article was posted on 24 July 2015 at indexoncensorship.org