11 Jan 2018 | Campaigns -- Featured, Russia, Statements

Oyub Titiev
We, members of the Civic Solidarity Platform (CSP), are deeply concerned at reports of the arrest of Oyub Titiev, head of Human Rights Center Memorial’s Grozny office in Chechnya on highly dubious narcotics charges. We call for his immediate and unconditional release and dropping of all charges.
Titiev is highly respected in the international human rights community, as well as in the North Caucasus, where he is part of a small group of brave human rights defenders still working to uncover and document grave ongoing human rights violations. Titiev has led Memorial’s work in Chechnya since the horrific murder of his colleague Natalia Estemirova in 2009. In recent years, he received numerous threats aimed at making him quit human rights work. Now, his life and safety are in jeopardy.
According to reports, Oyub Titiev was brought to the Kurchaloi district police department shortly after his car was stopped and searched near the Khymuk bridge around 10:30 am on Tuesday 9 January. Titiev’s lawyer has been informed that he is being charged with the illegal possession of drugs, reportedly a large amount (180 grams) of marijuana.
Similar trumped-up charges have previously led to several years’ imprisonment for activists and independent journalists in Chechnya. Framing people for drug crimes has become an increasingly frequent tactic used by Chechnya’s authorities to punish and discredit their critics in the eyes of Chechen society.
The Civic Solidarity Platform is a network of more than 90 human rights organizations working across the OSCE region. We consider the suggestion that a highly experienced human rights defender such as 60 year-old Oyub Titiev would travel around Chechnya with any amount of drugs in his car to be absurd, and to be evidence only of the tactics employed by Chechen authorities against principled and hard-working human rights defenders. We believe Chechen authorities are seeking to frame Titiev and close down the extremely important work of Human Rights Center Memorial in the region by means of threats and harassment.
Russia is under an obligation to respect and enable the work of human rights defenders. An important resolution in the UN General Assembly – adopted by consensus on 24 December 2017 – “Calls upon States to take concrete steps to prevent and put an end to arbitrary arrest and detention, including of human rights defenders, and in this regard strongly urges the release of persons detained or imprisoned, in violation of the obligations and commitments of States under international human rights law, for exercising their human rights and fundamental freedoms, such as the rights to freedom of expression, peaceful assembly and association, including in relation to cooperation with the United Nations or other international mechanisms in the area of human rights”.
The undersigned members of the Civic Solidarity Platform call on Chechen authorities as well as central Russian authorities to immediately release Oyub Titiev and stop his persecution as we believe that he is being punished solely in retaliation for his legitimate and peaceful human rights work. Furthermore, we call on authorities to ensure the safety of Memorial staff in Chechnya. Furthermore, we call on authorities not to hinder but to assist brave individuals such as Titiev in their work to uncover grave human rights violations in the North Caucasus region.
We call on international organizations and foreign governments to follow Titiev’s case closely and to bring our concerns to the attention of the authorities in the Russian Federation. Russia must abide by its international human rights obligations and OSCE commitments.
Signed:
- Advisory Centre on contemporary international practices and their implementation in law ”Human Constanta” (Belarus)
- Albanian Helsinki Committee (Albania)
- Article 19 (United Kingdom)
- Association UMPDL (Ukraine)
- Barys Zvozskau Belarusian Human Rights House (Lithuania)
- Belarusian Helsinki Committee (Belarus)
- Bir Duino (Kyrgyzstan)
- Bulgarian Helsinki Committee (Bulgaria)
- Center for Civil Liberties (Ukraine)
- Center for Participation and Development (Georgia)
- Center for the Development of Democracy and Human Rights (Russia)
- Centre de la Protection Internationale (France)
- Citizens’ Watch (Russia)
- Committee Against Torture (Russia)
- Crude Accountability (USA)
- Freedom Files (Poland/Russia)
- Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims-GCRT (Georgia)
- German-Russian Exchange (Germany)
- Helsinki Association Armenia (Armenia)
- Helsinki Citizens’ Assembly-Vanadzor (Armenia)
- Helsinki Committee for Human Rights in Serbia (Serbia)
- Helsinki Committee of Armenia (Armenia)
- Helsinki Foundation for Human Rights (Poland)
- Human Rights Center of Azerbaijan (Azerbaijan)
- Human Rights Center “Viasna” (Belarus)
- Human Rights Club (Azerbaijan)
- Human Rights Matter (Germany)
- Human Rights Monitoring Institute (Lithuania)
- IDP Women Association Consent (Georgia)
- Index on Censorship (United Kingdom)
- Institute for Reporters’ Freedom and Safety (Azerbaijan)
- International Partnership for Human Rights (Belgium)
- International Protection Center (Russia)
- Kazakhstan International Bureau for Human Rights and Rule of Law (Kazakhstan)
- Kharkiv Regional Foundation Public Alternative (Ukraine)
- Legal Transformation Center (Belarus)
- Macedonian Helsinki Committee (Macedonia)
- Moscow Helsinki Group (Russia)
- Netherlands Helsinki Committee (Netherlands)
- Norwegian Helsinki Committee (Norway)
- Notabene (Tajikistan)
- OMCT – World Organisation Against Torture (Switzerland)
- Office of Civil Freedoms (Tajikistan)
- Promo LEX Association (Moldova)
- Protection of Rights Without Borders (Armenia)
- Public Association Dignity (Kazakhstan)
- Public Verdict (Russia)
- Regional Center for Strategic Studies (Azerbaijan/Georgia)
- Solidarus (Germany)
- Truth Hounds (Ukraine)
- Women of the Don (Russia)
4 Dec 2017 | About Index, History, Magazine, News
[vc_row][vc_column][vc_custom_heading text=”The first editor of Index on Censorship magazine reflects on the driving forces behind its founding in 1972″ google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text][/vc_column_text][vc_row_inner][vc_column_inner][vc_column_text]A version of this article first appeared in Index on Censorship magazine in December 1981. [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

The first issue of Index on Censorship Magazine, 1972
Starting a magazine is as haphazard and uncertain a business as starting a book-who knows what combination of external events and subjective ideas has triggered the mind to move in a particular direction? And who knows, when starting, whether the thing will work or not and what relation the finished object will bear to one’s initial concept? That, at least, was my experience with Index, which seemed almost to invent itself at the time and was certainly not ‘planned’ in any rational way. Yet looking back, it is easy enough to trace the various influences that brought it into existence.
It all began in January 1968 when Pavel Litvinov, grandson of the former Soviet Foreign Minister, Maxim Litvinov, and his Englis wife, Ivy, and Larisa Bogoraz, the former wife of the writer, Yuli Daniel, addressed an appeal to world public opinion to condemn the rigged trial of two young writers and their typists on charges of ‘anti-Soviet agitation and propaganda’ (one of the writers, Alexander Ginzburg, was released from the camps in 1979 and now lives in Paris: the other, Yuri Galanskov, died in a camp in 1972). The appeal was published in The Times on 13 January 1968 and evoked an answering telegram of support and sympathy from sixteen English and American luminaries, including W H Auden, A J Ayer, Maurice Bowra, Julian Huxley, Mary McCarthy, Bertrand Russell and Igor Stravinsky.
The telegram had been organised and dispatched by Stephen Spender and was answered, after taking eight months to reach its addressees, by a further letter from Litvinov, who said in part: ‘You write that you are ready to help us “by any method open to you”. We immediately accepted this not as a purely rhetorical phrase, but as a genuine wish to help….’ And went on to indicate the kind oh help he had in mind:
My friends and I think it would be very important to create an international committee or council that would make it its purpose to support the democratic movement in the USSR. This committee could be composed of universally respected progressive writers, scholars, artists and public personalities from England, the United States, France, Germany and other western countries, and also from Latin America, Asia, Africa and, in the future, even from Eastern Europe…. Of course, this committee should not have an anti-communist or anti-Soviet character. It would even be good if it contained people persecuted in their own countries for pro-communist or independent views…. The point is not that this or that ideology is not correct, but that it must not use force to demonstrate its correctness.
Stephen Spender took up this idea first with Stuart Hampshire (the Oxford philosopher), a co-signatory of the telegram, and with David Astor (then editor of the Observer), who joined them in setting up a committee along the lines suggested by Litvinov (among its other members were Louis Blom-Cooper, Edward Crankshaw, Lord Gardiner, Elizabeth Longford and Sir Roland Penrose, and its patrons included Dame Peggy Ashcroft, Sir Peter Medawar, Henry Moore, Iris Murdoch, Sir Michael Tippett and Angus Wilson). It was not, admittedly, as international as Litvinov had suggested, but it was thought more practical to begin locally, so to speak, and to see whether or not there was something in it before expanding further. Nevertheless, the chosen name for the new organisation, Writers and Scholars International, was an earnest of its intentions, while its deliberate echo of Amnesty International (then relatively modest in size) indicated a feeling that not only literature but also human rights would be at issue.
By now it was 1971 and in the spring of that year the committee advertised for a director, held a series of interviews and offered me the job. There was no programme, other than Litvinov’s letter, there were no premises or staff, and there was very little money, but there were high hopes and enthusiasm.
It was at this point that some of the subjective factors I mentioned earlier began to come into play. Litvinov’s letter had indicated two possible forms of action. One was the launching of protests to ‘support and defend’ people who were being persecuted for their civic and literary activities in the USSR. The other was to ‘provide information to world public opinion’ about this state of affairs and to operate with ‘some sort of publishing house’. The temptation was to go for the first, particularly since Amnesty was setting such a powerful example, but precisely because Amnesty (and the International PEN Club) were doing such a good job already, I felt that the second option would be the more original and interesting to try. Furthermore, I knew that two of our most active members, Stephen Spender and Stuart Hampshire, on the rebound from Encounter after disclosures of CIA funding, had attempted unsuccessfully to start a new magazine, and I felt that they would support something in the publishing line. And finally, my own interests lay mainly in that direction. My experience had been in teaching, writing, translating and broadcasting. Psychologically I was too much of a shrinking violet to enjoy kicking up a fuss in public. I preferred argument and debate to categorical statements and protest, the printed page to the soapbox; I needed to know much more about censorship and human rights before having strong views of my own.
At that stage I was thinking in terms of trying to start some sort of alternative or ‘underground’ (as the term was misleadingly used) newspaper – Oz and the International Times were setting the pace were setting the pace in those days, with Time Out just in its infancy. But a series of happy accidents began to put other sorts of material into my hands. I had been working recently on Solzhenitzin and suddenly acquired a tape-recording with some unpublished poems in prose on it. On a visit to Yugoslavia, I called on Milovan Djilas and was unexpectedly offered some of his short stories. A Portuguese writer living in London, Jose Cardoso Pires, had just written a first-rate essay on censorship that fell into my hands. My friend, Daniel Weissbort, editor of Modern Poetry in Translation, was working on some fine lyrical poems by the Soviet poet, Natalya Gorbanevskaya, then in a mental hospital. And above all I stumbled across the magnificent ‘Letter to Europeans’ by the Greek law professor, George Mangakis, written in one of the colonels’ jails (which I still consider to be one of the best things I have ever published). It was clear that these things wouldn’t fit very easily into an Oz or International Times, yet it was even clearer that they reflected my true tastes and were the kind of writing, for better or worse, that aroused my enthusiasm. At the same time I discovered that from the point of view of production and editorial expenses, it would be far easier to produce a magazine appearing at infrequent intervals, albeit a fat one, than to produce even the same amount of material in weekly or fortnightly instalments in the form of a newspaper. And I also discovered, as Anthony Howard put it in an article about the New Statesman, that whereas opinions come cheap, facts come dear, and facts were essential in an explosive field like human rights. Somewhat thankfully, therefore, my one assistant and I settled for a quarterly magazine.
There is no point, I think, in detailing our sometimes farcical discussions of a possible title. We settled on Index (my suggestion) for what seemed like several good reasons: it was short; it recalled the Catholic Index Librorum Prohibitorum; it was to be an index of violations of intellectual freedom; and lastly, so help me an index finger pointing accusingly at the guilty oppressors – we even introduced a graphic of a pointing finger into our early issues. Alas, when we printed our first covers bearing the bold name of Index (vertically to attract attention nobody got the point (pun unintended). Panicking, we hastily added the ‘on censorship’ as a subtitle – Censorship had been the title of an earlier magazine, by then defunct – and this it has remained ever since, nagging me with its ungrammatically (index of censorship, surely) and a standing apology for the opacity of its title. I have since come to the conclusion that it is a thoroughly bad title – Americans, in particular, invariably associate it with the cost of living and librarians with, well indexes. But it is too late to change now.
Our first issue duly appeared in May 1972, with a programmatic article by Stephen Spender (printed also in the TLS) and some cautious ‘Notes’ by myself. Stephen summarised some of the events leading up to the foundation of the magazine (not naming Litvinov, who was then in exile in Siberia) and took freedom and tyranny as his theme:
Obviously there is a risk of a magazine of this kind becoming a bulletin of frustration. However, the material by writers which is censored in Eastern Europe, Greece, South Africa and other countries is among the most exciting that is being written today. Moreover, the question of censorship has become a matter of impassioned debate; and it is one which does not only concern totalitarian societies.
I contented myself with explaining why there would be no formal programme and emphasised that we would be feeling our way step by step. ‘We are naturally of the opinion that a definite need {for us} exists….But only time can tell whether the need is temporary or permanent—and whether or not we shall be capable of satisfying it. Meanwhile our aims and intentions are best judged…by our contents, rather than by editorials.’
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”My friends and I think it would be very important to create an international committee or council that would make it its purpose to support the democratic movement in the USSR.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
In the course of the next few years it became clear that the need for such a magazine was, if anything, greater than I had foreseen. The censorship, banning and exile of writers and journalists (not to speak of imprisonment, torture and murder) had become commonplace, and it seemed at times that if we hadn’t started Index, someone else would have, or at least something like it. And once the demand for censored literature and information about censorship was made explicit, the supply turned out to be copious and inexhaustible.
One result of being inundated with so much material was that I quickly learned the geography of censorship. Of course, in the years since Index began, there have been many changes. Greece, Spain, and Portugal are no longer the dictatorships they were then. There have been major upheavals in Poland, Turkey, Iran, the Lebanon, Pakistan, Nigeria, Ghana and Zimbabwe. Vietnam, Cambodia and Afghanistan have been silenced, whereas Chinese writers have begun to find their voices again. In Latin America, Brazil has attained a measure of freedom, but the southern cone countries of Chile, Argentina, Uruguay and Bolivia have improved only marginally and Central America has been plunged into bloodshed and violence.
Despite the changes, however, it became possible to discern enduring patterns. The Soviet empire, for instance, continued to maltreat its writers throughout the period of my editorship. Not only was the censorship there highly organised and rigidly enforced, but writers were arrested, tried and sent to jail or labour camps with monotonous regularity. At the same time, many of the better ones, starting with Solzhenitsyn, were forced or pushed into exile, so that the roll-call of Russian writers outside the Soviet Union (Solzhenitsyn, Sinyavksy, Brodsky, Zinoviev, Maximov, Voinovich, Aksyonov, to name but a few) now more than rivals, in talent and achievement, those left at home. Moreover, a whole array of literary magazines, newspapers and publishing houses has come into existence abroad to serve them and their readers.
In another main black spot, Latin America, the censorship tended to be somewhat looser and ill-defined, though backed by a campaign of physical violence and terror that had no parallel anywhere else. Perhaps the worst were Argentina and Uruguay, where dozens of writers were arrested and ill-treated or simply disappeared without trace. Chile, despite its notoriety, had a marginally better record with writers, as did Brazil, though the latter had been very bad during the early years of Index.
In other parts of the world, the picture naturally varies. In Africa, dissident writers are often helped by being part of an Anglophone or Francophone culture. Thus Wole Soyinka was able to leave Nigeria for England, Kofi Awoonor to go from Ghana to the United States (though both were temporarily jailed on their return), and French-speaking Camara Laye to move from Guinea to neighbouring Senegal. But the situation can be more complicated when African writers turn to the vernacular. Ngugi wa Thiong’o, who has written some impressive novels in English, was jailed in Kenya only after he had written and produced a play in his native Gikuyu.
In Asia the options also tend to be restricted. A mainland Chinese writer might take refuge in Hong Kong or Taiwan, but where is a Taiwanese to go? In Vietnam, Cambodia, Laos, the possibilities for exile are strictly limited, though many have gone to the former colonising country, France, which they still regard as a spiritual home, and others to the USA. Similarly, Indonesian writers still tend to turn to Holland, Malaysians to Britain, and Filipinos to the USA.
In documenting these changes and movements, Index was able to play its small part. It was one of the very first magazines to denounce the Shah’s Iran, publishing as early as 1974 an article by Sadeq Qotbzadeh, later to become Foreign Minister in Ayatollah Khomeini’s first administration. In 1976 we publicised the case of the tortured Iranian poet, Reza Baraheni, whose testimony subsequently appeared on the op-ed page of the New York Times. (Reza Baraheni was arrested, together with many other writers, by the Khomeini regime on 19 October 1981.) One year later, Index became the publisher of the unofficial and banned Polish journal, Zapis, mouthpiece of the writers and intellectuals who paved the way for the present liberalisation in Poland. And not long after that it started putting out the Czech unofficial journal, Spektrum, with a similar intellectual programme. We also published the distinguished Nicaraguan poet, Ernesto Cardenal, before he became Minister of Education in the revolutionary government, and the South Korean poet, Kim Chi-ha, before he became an international cause célèbre.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”Looking back, not only over the thirty years since Index was started, but much further, over the history of our civilisation, one cannot help but realise that censorship is by no means a recent phenomenon.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
One of the bonuses of doing this type of work has been the contact, and in some cases friendship, established with outstanding writers who have been in trouble: Solzhenitsyn, Djilas, Havel, Baranczak, Soyinka, Galeano, Onetti, and with the many distinguished writers from other parts of the world who have gone out of their way to help: Heinrich Böll, Mario Vargas Llosa, Stephen Spender, Tom Stoppard, Philip Roth—and many other too numerous to mention. There is a kind of global consciousness coming into existence, which Index has helped to foster and which is especially noticeable among writers. Fewer and fewer are prepared to stand aside and remain silent while their fellows are persecuted. If they have taught us nothing else, the Holocaust and the Gulag have rubbed in the fact that silence can also be a crime.
The chief beneficiaries of this new awareness have not been just the celebrated victims mentioned above. There is, after all, an aristocracy of talent that somehow succeeds in jumping all the barriers. More difficult to help, because unassisted by fame, are writers perhaps of the second or third rank, or young writers still on their way up. It is precisely here that Index has been at its best.
Such writers are customarily picked on, since governments dislike the opprobrium that attends the persecution of famous names, yet even this is growing more difficult for them. As the Lithuanian theatre director, Jonas Jurasas, once wrote to me after the publication of his open letter in Index, such publicity ‘deprives the oppressors of free thought of the opportunity of settling accounts with dissenters in secret’ and ‘bears witness to the solidarity of artists throughout the world’.
Looking back, not only over the years since Index was started, but much further, over the history of our civilisation, one cannot help but realise that censorship is by no means a recent phenomenon. On the contrary, literature and censorship have been inseparable pretty well since earliest times. Plato was the first prominent thinker to make out a respectable case for it, recommending that undesirable poets be turned away from the city gates, and we may suppose that the minstrels and minnesingers of yore stood to be driven from the castle if their songs displeased their masters. The examples of Ovid and Dante remind us that another old way of dealing with bad news was exile: if you didn’t wish to stop the poet’s mouth or cover your ears, the simplest solution was to place the source out of hearing. Later came the Inquisition, after which imprisonment, torture and execution became almost an occupational hazard for writers, and it is only in comparatively recent times—since the eighteenth century—that scribblers have fought back and demanded an unconditional right to say what they please. Needless to say, their demands have rarely and in few places been met, but their rebellion has resulted in a new psychological relationship between rulers and ruled.
Index, of course, ranged itself from the very first on the side of the scribblers, seeking at all times to defend their rights and their interests. And I would like to think that its struggles and campaigns have borne some fruit. But this is something that can never be proved or disproved, and perhaps it is as well, for complacency and self-congratulation are the last things required of a journal on human rights. The time when the gates of Plato’s city will be open to all is still a long way off. There are certainly many struggles and defeats still to come—as well, I hope, as occasional victories. When I look at the fragility of Index‘s a financial situation and the tiny resources at its disposal I feel surprised that it has managed to hold out for so long. No one quite expected it when it started. But when I look at the strength and ambitiousness of the forces ranged against it, I am more than ever convinced that we were right to begin Index in the first place, and that the need for it is as strong as ever. The next ten years, I feel, will prove even more eventful than the ten that have gone before.
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Michael Scammell was the editor of Index on Censorship from 1972 to August 1980.
[/vc_column_text][/vc_column][/vc_row][vc_row content_placement=”top”][vc_column width=”1/3″][vc_custom_heading text=”Free to air” font_container=”tag:p|font_size:24|text_align:left” link=”url:%20https%3A%2F%2Fwww.indexoncensorship.org%2F2017%2F09%2Ffree-to-air%2F|||”][vc_column_text]Through a range of in-depth reporting, interviews and illustrations, the autumn 2017 issue of Index on Censorship magazine explores how radio has been reborn and is innovating ways to deliver news in war zones, developing countries and online
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11 Oct 2017 | Campaigns -- Featured, Statements
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Update: On 6 October 2017, Pedro Agramunt announced his resignation as President of the Parliamentary Assembly of the Council of Europe (PACE).
We, members of the NGO coalition the Civic Solidarity Platform (CSP) and other NGOs across Europe, welcome the recent motion for dismissal of the President of the Parliamentary Assembly of the Council of Europe (PACE) Pedro Agramunt put forward by 158 members of the Assembly. We urge all its members to support this motion at the forthcoming session of the Assembly on 9 October 2017.
The no-confidence motion marks a historic opportunity to start the process of rebuilding PACE’s reputation as a defender of human rights and the rule of law.The Assembly has, for far too long, tolerated unethical and corrupt behaviour by some of its members,
The Assembly has, for far too long, tolerated unethical and corrupt behaviour by some of its members, as exposed in a number of credible investigative reports by several highly reputable NGOs and the media, most recently in the Azerbaijani Laundromat report by the Organised Crime and Corruption Reporting Project (OCCRP) and publications in over a dozen of media outlets in a number of European countries in September 2017. Unethical fostering of interests and corruption lasting for many years in PACE have strongly damaged the credibility of the Council of Europe.
The Assembly has allowed corrupt practices by certain governments of its member states, in particular Azerbaijan, to undermine its commitment to uphold fundamental values of human rights and democracy in the Council of Europe member states. This has dismayed human rights defenders in the Eastern Partnership states and beyond who looked to PACE and other representative bodies such as the European Parliament for support in defending these values.
The recent establishment of an independent external Investigation Body by PACE and plans to overhaul the PACE Code of Conduct for Members and to adopt declaratory requirements give us hope that the much-needed renewal of the Assembly will be irreversible and will not stop with the departure of the disgraced President. It also serves notice to all current and former members of PACE that corrupt practices will no longer be tolerated and enjoy impunity. This process must continue after the end of 2017 when the Independent Body is due to report and should lead to an investigation of allegations of corruption by the law enforcement bodies at the national level.
The investigations by OCCRP and others show that democratic parliamentary assemblies in the free world must remain vigilant against threats to their integrity from unscrupulous and cynical governments. Otherwise, the hope and support that these assemblies can extend to political prisoners and democrats who are working for human rights, free and fair elections, and the rule of law in the Council of Europe countries and elsewhere will continue to be undermined.
Signed by the following organisations:
1. Helsinki Foundation for Human Rights (Poland)
2. Centre for the Development of Democracy and Human Rights (Russia)
3. Center for Civil Liberties (Ukraine)
4. Human Rights Movement “Bir Duino-Kyrgyzstan” (Kyrgyzstan)
5. International Partnership for Human Rights (Belgium)
6. Kazakhstan International Bureau for Human Rights and the Rule of Law (Kazakhstan)
7. Public Verdict Foundation (Russia)
8. Regional Center for Strategic Studies (Georgia/Azerbaijan)
9. Promo LEX (Moldova)
10. The Netherlands Helsinki Committee (Netherlands)
11. Centre de la Protection Internationale (France)
12. Citizens’ Watch (Russia)
13. Committee Against Torture (Russia)
14. World Organisation Against Torture (OMCT)
15. Human Rights Centre “Viasna” (Belarus)
16. Association UMDPL (Ukraine)
17. Index on Censorship (United Kingdom)
18. International Rehabilitation Council for Torture Victims (Belgium)
19. Helsinki Committee of Armenia (Armenia)
20. Barys Zvozskau Belarusian Human Rights House (Belarus/Lithuania)
21. Helsinki Citizens’ Assembly-Vanadzor (Armenia)
22. Institute of Public Affairs (Poland)
23. Freedom Files (Russia/Poland)
24. Libereco – Partnership for Human Rights (Germany/Switzerland)
25. Bulgarian Helsinki Committee (Bulgaria)
26. Kharkiv Regional Foundation “Public Alternative” (Ukraine)
27. Human Rights Club (Azerbaijan)
28. Legal Transformation Center (Belarus)
29. Helsinki Committee for Human Rights in Serbia (Serbia)
30. Norwegian Helsinki Committee (Norway)
31. Public Association “Dignity” (Kazakhstan)
32. Human Rights Information Center (Ukraine)
33. “Protection of Rights without Borders” (Armenia)
34. Crude Accountability (USA)
35. DRA – German-Russian Exchange (Germany)
36. Institute for Reporters Freedom and Safety (IRFS) (Azerbaijan)
37. Moscow Helsinki Group (Russia)
38. Albanian Helsinki Committee (Albania)
39. Ukrainian Helsinki Human Rights Union (Ukraine)
40. Sova Center for Information and Analysis (Russia)
41. Kosova Centre for Rehabilitation of Torture Victims (Kosovo)
42. Truth Hounds (Ukraine)
43. Article 19 (United Kingdom)
44. Human Rights Matter (Germany)
45. Helsinki Association for Human Rights (Armenia)
46. Center for Participation and Development (Georgia)
47. Ukrainian Helsinki Human Rights Union (Ukraine)
48. Office of Civil Freedoms (Tajikistan)
49. Women of the Don (Russia)
50. Human Rights Monitoring Institute (Lithuania)
51. Media Rights Institute (Azerbaijan)
52. Batory Foundation (Poland)
53. International Youth Human Rights Movement
54. Institute for Peace and Democracy (Netherlands/Azerbaijan)
55. Monitoring Centre for Political Prisoners (Azerbaijan)
56. Democratic Civil Union of Turkmenistan (Turkmenistan/Netherlands)
57. Public Alliance “Azerbaijan without Political Prisoners” (Azerbaijan)
58. Humanrights.ch (Switzerland)[/vc_column_text][/vc_column][/vc_row]
22 May 2017 | Azerbaijan, Azerbaijan Statements, Campaigns -- Featured, Digital Freedom, Europe and Central Asia, Statements

Ilgar Mammadov
Today three years have passed since the European Court of Human Rights (ECtHR) delivered its judgment on the case of political prisoner Ilgar Mammadov, concluding that the Azerbaijani authorities had detained him to punish him for his criticism of the government. In spite of this ruling, and repeated calls for his release by Council of Europe bodies in follow-up to the ruling, the Azerbaijani authorities have persistently refused to execute the decision of the Court and free Ilgar Mammadov. In view of this, we, members of the Civic Solidarity Platform and the Sports for Rights Coalition, call on the Committee of Ministers of the Council of Europe to refer the case back to the ECtHR on the grounds of non-execution of the judgment. This is crucial to ensure justice for this wrongly imprisoned government critic, who has already spent more than four years behind bars, as well as to safeguard the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region.
Ilgar Mammadov, chair of the political opposition REAL party, was a well-known opponent of the regime when he was arbitrarily detained in February 2013. He attempted to stand in the 2013 presidential elections, gathering the required 40 000 signatures in support of his candidacy, which the Central Election Commission ruled as invalid.[i] He was also outspoken in his criticism of the policies of the authorities on his blog and in the media. Ilgar Mammadov was detained after monitoring and reporting on street protests in the town of Ismayilli in January 2013, which resulted in clashes with the police. He did not participate in these protests, but travelled to the region after they took place to observe developments and revealed the role of individuals with ties to the authorities in initiating the clashes. In spite of the lack of evidence llgar Mammadov was accused of instigating the Ismayilli clashes and on 17 March 2014, he was sentenced to seven years in prison on trumped-up charges of “organizing mass riots” and using “violence against police officers”. His sentence was upheld on appeal.
In a judgment issued on 22 May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated numerous provisions of the European Convention on Human Rights, including Articles 5.1, 5.4 and 6.2 on the right to liberty and security, the right to judicial review of one’s detention and the principle of presumption of innocence, as well as article 18 that limits the applicability of restrictions on rights. The Court concluded that Ilgar Mammadov had been detained without any evidence to reasonably suspect him of having committed a crime and that the actual purpose of his detention was to silence and punish him for criticizing the government and publishing information it was trying to hide.[ii]
In its follow-up to the ECtHR’s ruling, the Committee of Ministers of the Council of Europe — the body responsible for supervising the execution of ECtHR judgements — has repeatedly called on the Azerbaijani authorities to release Ilgar Mammadov. The Committee has examined this case as a matter of priority in its review of the execution of ECtHR judgments by Council of Europe member states and adopted a number of decisions and interim resolutions on it.[iii]
Other Council of Europe bodies, including the organization’s Secretary General, its Human Rights Commissioner and the President of its Parliamentary Assembly have also repeatedly called for Ilgar Mammadov to be released. However, the Azerbaijani authorities have flagrantly ignored these calls and refused to implement the ECtHR’s judgment and release Mammadov.
In view of the continued failure of the Azerbaijani authorities to implement the ECtHR’s decision on Ilgar Mammadov’s case, the Council of Europe’s Secretary General Thorbjørn Jagland launched an official inquiry into Azerbaijan’s implementation of the European Convention on Human Rights in December 2015.[iv]Under Article 52 of the Convention, the Secretary General may initiate an inquiry into how the domestic law of member states ensures the effective implementation of the Convention. This was the first time that Secretary General Jagland had taken such a measure and his initiative was welcome and important.
However, in November 2016, Azerbaijan’s Supreme Court nevertheless rejected an appeal submitted by Ilgar Mammadov on the basis of the ECtHR ruling and upheld his seven-year prison sentence. Thus, Ilgar Mammadov remains behind bars for no other reason than speaking out critically about those in power. This continued defiance by the Azerbaijani authorities leads us to conclude that further action is urgently required.
Therefore, we call on the Committee of Ministers to refer the case back to the ECtHR under Article 46.1 of the European Convention on Human Rights, which obliges the parties to the Convention to abide by the final judgment of the Court in any case to which they are parties. The Convention authorizes the Committee to take action to this end. Article 46.4 states: “If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.”
Ilgar Mammadov v. Azerbaijan has become a test case of the legitimacy of the Council of Europe. When commenting on the Supreme Court’s failure to uphold Azerbaijan’s obligation to execute the ECtHR judgment last year, Secretary General Jagland stated: “Azerbaijan’s flagrant disrespect of the European Convention on Human Rights undermines the entire scope of our cooperation” [and] “affects the 46 Member States of the Council of Europe who have a collective responsibility for the implementation of the Convention”.[v]
By resorting to the ultimate mechanism for addressing non-compliance of judgments set out by the European Convention on Human Rights, the Committee of Ministers can take resolute action to safeguard the Council of Europe’s integrity and ensure that the Azerbaijani authorities finally abide by their obligations under the Convention, implement the ECtHR ruling and free Ilgar Mammadov.
Signed by the following members of the Civic Solidarity Platform and the Sport for Rights Coalition:
1. Association of Ukrainian Human Rights Monitors on Law Enforcement (UMDPL, Ukraine)
2. Barys Zvozskau Belarusian Human Rights House
3. Bir Duino-Kyrgyzstan
4. Bulgarian Helsinki Committee
5. Center for Civil Liberties (Ukraine)
6. Center for Participation and Development (Georgia)
7. Center for Regional Strategic Studies (Azerbaijan)
8. Center for the Development of Democracy and Human Rights (Russia)
9. Civil Rights Defenders (Sweden)
10. Committee Against Torture (Russia)
11. Crude Accountability (USA)
12. Fair Trials (UK)
13. International Federation for Human Rights (FIDH, France)
14. Freedom Files (Poland)
15. Freedom House (USA)
16. Freedom Now (USA)
17. Helsinki Foundation for Human Rights (Poland)
18. Human Rights Center of Azerbaijan
19. Human Rights Club (Azerbaijan)
20. Human Rights Monitoring Institute (Lithuania)
21. Humanrights.ch (Switzerland)
22. IDP Women Association “Consent” (Georgia)
23. Index on Censorship (UK)
24. Institute for Reporters Freedom and Safety (Azerbaijan)
25. Institute Respublica (Ukraine)
26. International Partnership for Human Rights (IPHR, Belgium)
27. Kazakhstan International Bureau for Human Rights and the Rule of Law
28. Kosova Rehabilitation Centre for Torture Victims
29. Libereco – Partnership for Human Rights (Germany)
30. Moscow Helsinki Group (Russia)
31. Netherlands Helsinki Committee
32. Norwegian Helsinki Committee
33. Notabene (Tajikistan)
34. PEN America (USA)
35. PEN International
36. Promo LEX Association (Moldova)
37. Public Alternative (Ukraine)
38. Public Association “Dignity” (Kazakhstan)
39. Public Verdict Foundation (Russia)
40. Swedish OSCE Network: signed in personal capacity by Olof Kleberg and Anki Wetterhall
41. Truth Hounds (Ukraine)
42. Ukrainian Helsinki Human Rights Union
43. Women of the Don (Russia)
44. World Organisation Against Torture (OMCT) (Switzerland)
[i] In several rulings against Azerbaijan, the ECtHR has found that the practices of the Central Election Commission with respect to the validation of signatures violate Article 3 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to free elections.
[ii] The judgment is available at: http://hudoc.echr.coe.int/eng?i=001-144124
[iii] The most recent decision on this case adopted by the Committee of Ministers is available at: https://rm.coe.int/16806c4554
[iv] See press release at: http://bit.ly/2q8CRNI
[v] His statement is available at: https://www.coe.int/en/web/portal/-/azerbaijan-statement-by-secretary-general-jagland-on-the-decision-of-the-supreme-court-today-rejecting-the-appeal-by-ilgar-mammadov