Azerbaijan: Anniversary of journalist’s arrest highlights unprecedented repression in 2015

Khadija Ismayilova

Khadija Ismayilova

On the eve of the anniversary of the arrest of journalist Khadija Ismayilova, members of the Sport for Rights coalition and the Civic Solidarity Platform underscore the unprecedented nature of the repression that has taken place in Azerbaijan in the year that has passed. The groups reiterate their call for the immediate and unconditional release of Ismayilova and Azerbaijan’s other political prisoners, and for the international community to take steps to hold the Azerbaijani government accountable for its human rights obligations as matter of urgent priority.

“Ismayilova’s arrest a year ago signalled an escalation of repression in Azerbaijan”, noted Karin Deutsch Karlekar, Director of Free Expression Programs at PEN American Center. “Independent voices are being silenced at an unprecedented rate, and we urge the authorities to cease the legal and extra-legal harassment of journalists and media outlets immediately”.

On 5 December 2014, prominent investigative journalist Khadija Ismayilova was arrested on charges of inciting a local man, Tural Mustafayev, to attempt suicide. Two months later, authorities slammed her with additional politicised charges of embezzlement, illegal business, tax evasion, and abuse of power. After eight months in pre-trial detention, Ismayilova’s trial started on 7 August at the Baku Court of Grave Crimes.

Ismayilova referred to the proceedings as an “express trial”, and observers noted it was rife with due process violations, with the judges rarely granting any motions made by the defence. During the trial, Mustafayev publicly told the court that prosecutors forced him to make a statement against Ismayilova, and withdrew his accusations. Additionally, Ismayilova’s lawyer told the court that her employer did not report any funds missing, that she was not authorised to hire or dismiss other journalists, and that she was not engaged in any commercial enterprise.

On 1 September, the court convicted Ismayilova of the charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office, and sentenced her to 7.5 years’ imprisonment. She was acquitted of the charge of inciting Mustafayev to attempt suicide. On 25 November, the Baku Court of Appeals upheld this conviction, and Ismayilova was transferred to Prison Number 4 on 27 November.

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 elite. 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. For this reason, Sport for Rights has referred to Ismayilova as a “Prisoner of the Games”.

“Ismayilova’s imprisonment is emblematic of the Azerbaijani authorities’ repression of independent journalists and human rights defenders”, said Melody Patry, Senior Advocacy Officer at Index on Censorship. “Every day Ismayilova and the other political prisoners spend in jail is another reminder to the world that the Azerbaijani government fails to respect and protect the democratic principles and fundamental rights it has committed to upholding”.

Ismayilova is one of dozens of political prisoners in Azerbaijan. Other prominent cases include journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu; bloggers Abdul Abilov, Faraj Karimli, Omar Mammadov, Rashad Ramazanov, and Ilkin Rustamzade; human rights defenders Intigam Aliyev, Rasul Jafarov, Taleh Khasmammadov, Anar Mammadli, Arif Yunus, and Leyla Yunus; NIDA civic movement activists Rashadat Akundov, Mammad Azizov, and Rashad Hasanov; opposition activist Yadigar Sadikhov; and opposition REAL movement chairman Ilgar Mammadov.

Besides politically motivated arrests and imprisonment, the Azerbaijani authorities continue to employ a wide range of tactics as part of an aggressive crackdown to silence the country’s few remaining critical voices. Independent online television station Meydan TV has been a particular target, with its staff and their relatives threatened, detained, and otherwise pressured in connection with Meydan TV’s critical news coverage of Azerbaijan. Other independent NGOs and media including the Institute for Reporters’ Freedom and Safety and its online television project Obyektiv TV, as well as Radio Free Europe/Radio Liberty’s Baku office, have also been aggressively targeted over the past year.

In addition to the post-European Games crackdown, the Azerbaijani authorities also worked to silence criticism ahead of the 1 November parliamentary elections. For the first time, the elections took place with almost no credible international observers, and with the majority of the traditional opposition boycotting. Independent domestic observers reported widespread fraud, such as carousel voting and irregularities in the vote counting and tabulation process. Now, in the run-up to the Formula One European Grand Prix, which will take place in Baku in June 2016, the crackdown shows no signs of relenting.

These issues and more are detailed in a new Sport for Rights report, No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term, which also contains specific recommendations to the Azerbaijani authorities and the international community on urgent measures needed to improve the dire human rights situation in the country. Sport for Rights and the Civic Solidarity Platform particularly urge the international community to sustain focus on Azerbaijan over the coming months, when critical voices will need concrete support more than ever before.

Supporting organisations:

ARTICLE 19
Association of Ukrainian Human Rights Monitors on Law Enforcement
Canadian Journalists for Free Expression
Center for Civil Liberties (Ukraine)
Centre for the Development of Democracy and Human Rights (Russia)
Civil Rights Defenders
Committee to Protect Journalists
Crude Accountability
Freedom Now
Front Line Defenders
Georgian Young Lawyers’ Association
Golos Svobody Public Foundation (Kyrgyzstan)
Human Rights House Foundation
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
Institute for Reporters’ Freedom and Safety
International Federation for Human Rights (FIDH), within the framework of the
Observatory for the Protection of Human Rights Defenders
International Partnership for Human Rights
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
Kosova Rehabilitation Centre for Torture Victims
Norwegian Helsinki Committee
PEN American Center
People In Need
Platform
Promo-LEX (Moldova)
Public Verdict Foundation (Russia)
Reporters Without Borders
Sova Center for Information and Analysis (Russia)
World Organisation Against Torture (OMCT), within the framework of the
Observatory for the Protection of Human Rights Defenders

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

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

Amnesty, Platform banned from entering Azerbaijan on the eve of European Games

From top left: Arif Yunus, Rasul Jafarov, Leyla Yunus, Khadija Ismayilova, Intigam Aliyev and

From top left: Arif Yunus, Rasul Jafarov, Leyla Yunus, Khadija Ismayilova, Intigam Aliyev and Anar Mammadli – some of the government critics jailed on trumped up charges in Azerbaijan

On the eve of the inaugural European Games, taking place in Baku, Azerbaijan, activists from Amnesty International and Platform have been banned from entering the country. Both organisations have been highly critical of President Ilham Aliyev’s government, and its continuing targeting, jailing and prosecution of activists and journalists. Amnesty was set to present its findings on the state of human rights in Azerbaijan at an event in the capital on 10 June.

Emma Hughes of London-based NGO Platform was travelling to Baku on Tuesday afternoon with a press accreditation. After landing she was taken off the plane by security for questioning, where she was told she was on a “red list”. Her passport was taken away and she was held overnight at the airport before being deported. CCTV images of Hughes in detention surfaced in Azerbaijani media on Tuesday.

Platform has been campaigning against British oil company BP’s involvement in the oil rich former Soviet state. Platform’s new book — All that Glitters — Sport, BP and Repression — written by Hughes, will be released on 12 June, the opening day of the games.

“I’m being detained on the orders of the BP-Aliyev regime. I may get deported, but over 100 political prisoners in Azerbaijan face years in jail until the oil-funded regime falls. Civil society has been stamped on hard in Baku. Journalists, lawyers, academics, writers and activists have all found themselves behind bars. And yet the Oil Games carry on regardless. The future of this country is imprisoned, yet BP still work hand in hand with this regime,” Hughes said from Baku airport before her deportation.

Amnesty was set to present findings from a research trip they undertook in March at the briefing Azerbaijan: the Repression Games, with four staff members preparing to travel to Baku on the morning of 10 June. Amnesty was informed on Tuesday 9 June, via the Azerbaijani embassy in London, that “Azerbaijan is not in a position to welcome the Amnesty mission to Baku at the present time”, and suggested to postpone the trip until after the games.

Naomi Westland, who works on issues around sports and human rights at Amnesty, was one of the staff members hoping to present in Baku. Speaking from Tiblisi, Georgia, she said everything from visas and plane tickets; to venues, speakers and guests for the briefing had been arranged before the last-minute government U-turn.

“Amnesty being barred proves all the criticism levelled at Azerbaijan has been absolutely right. There has been an intense crackdown on human rights ahead of the European Games. This proves the Azerbaijani authorities want to create a criticism free zone while the world’s media is in attendance. The games are a massive PR exercise to present Azerbaijan as a modern, dynamic, progressive state. Behind the scenes, the reverse is the case. Amnesty has become victims of the repression meted out in Azerbaijan,” Westland told Index.

The banning of Platform and Amnesty comes after a Human Rights Watch researcher, Giorgi Gogia, was denied entry and detained in March at Baku airport for 30 hours, before being deported.

The human rights situation in Azerbaijan has deteriorated in the months leading up to the games. Since last summer, the country’s most prominent critical voices — including investigative journalist Khadija Ismayilova, human rights activists Leyla and Arif Yunus, human rights lawyer Intigam Aliyev and pro-democracy campaigner Rasul Jafarov — have been jailed on charges widely dismissed as trumped up and politically motivated. Critics believe the government of President Ilham Aliyev is using the games as and international image laundering exercise.

Politicians, high-level Olympic officials and athletes have in recent weeks faced mounting pressure to use the games to take a stand on the crackdown. The campaigning group Sports for Rights — initiated by Jafarov before his arrest — has called on European leaders to make their attendance of the games conditioned on the release of political prisoners, while Lord Coe, chairman of the British Olympic Association, has been urged to use the games to show support for fundamental rights and freedoms in Azerbaijan. Council of Europe’s human rights commissioner Nils Muižnieks has encouraged games participants to user their platforms to speak out about human rights situation.

In Depth

Azerbaijan: Silencing human rights

This article was posted on 10 June 2015 at indexoncensorship.org