Joint submission to the Universal Periodic Review of Azerbaijan

10 Oct 2017 | Azerbaijan, Azerbaijan Reports, Campaigns -- Featured

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Executive Summary

1. The submitting organisations welcome the opportunity to contribute to the third cycle of the Universal Periodic Review (UPR) of Azerbaijan. This submission focuses on compliance with international human rights obligations with respect to freedom of expression, and peaceful assembly and of association, in particular concerns relating to:

  • Constitutional amendments;
  • Safety of journalists;
  • Forced closure and harassment of independent media outlets;
  • Arbitrary arrests and arbitrary detentions of critics, and allegations of torture and cruel, inhuman and degrading treatment in detention;
  • Legislative restrictions to freedom of expression online;
  • Legislative restrictions to freedom of association;
  • Legislative restrictions to freedom of peaceful assembly.   

2. The Azerbaijani Government has failed to implement many of the recommendations relating to each of these issues accepted during its last UPR, with the situation deteriorating quite significantly in the period under review.

Constitutional amendments
3. Amendments to the Constitution of Azerbaijan were approved through a hasty referendum in September 2016, without any Parliamentary debate or scrutiny of the proposals, and amid a crackdown on journalists, activists and groups opposed to the amendments, preventing voters from having access to all relevant information and opinions. The referendum was also plagued by reports of irregularities, including ballot stuffing and fraud.(1) The Venice Commission also raised concerns that the referendum did not comply with even national legal requirements.(2)

4. The amendments include provisions with deleterious impacts on the rights to freedom of expression, assembly and association in Azerbaijan, including by consolidating the powers of the President and weakening democratic checks and balances, including by weakening the Courts.(3) Article 32 of the Constitution was amended to ostensibly protect against the publication of information about a person’s private life, but its broad scope potentially limits the ability of journalists and others to report information about public officials that are in the public interest. Article 47(III) was amended to prohibit propaganda provoking “hostility based on any other criteria”, which similarly may be applied to limit dissent against the requirements of international human rights law, while Article 49(II) of the Constitution was amended to enable sweeping restrictions on assemblies to prevent the disruption of “public order or public morale”.

5. These Constitutional amendments, and the weakening of the judiciary, further undermine the efforts of civil society, human rights defenders and others to bring national law into compliance with Azerbaijan’s international human rights law obligations, and to secure accountability for human rights violations.

Recommendations

  • Initiate reforms to bring the Constitution of Azerbaijan in line with international human rights law, with full and effective public participation, and full Parliamentary scrutiny.

Safety of journalists

6. During its last UPR, the Azerbaijani government accepted 8 recommendations(4) related to ensuring the safety of journalists, including by conducting impartial, thorough and effective investigations into all cases of attacks harassment and intimidation against them, and by bringing perpetrators of such offences to justice.(5) These recommendations have not been implemented, with impunity for attacks against journalists and media workers cultivating a climate of self-censorship.

7. There is still total impunity for the March 2005 murder of Monitor magazine editor-in-chief Elmar Huseynov, as well as for the November 2011 murder of prominent writer and journalist Rafig Tagi.

8. In the period of review, the following cases are highlighted as evidence that impunity, as well as lack of adequate prevention and protection measures, are a continuing problem:

  • On 28 April 2017, the blogger Mehman Galandarov was reportedly found dead in his jail cell, and the authorities claim he hanged himself. However, an independent autopsy was never performed, the body was not released and no public investigation was conducted. Civil society representatives refute that Galandarov had reason to commit suicide and that to do so inside his cell would have been extremely difficult.
  • On 9 August 2015, well-known journalist and human rights activist Rasim Aliyev, died from injuries sustained from an attack the day before. Previously, on 25 July 2015, Aliyev reported he had received anonymous threats related to photos of police brutality he had posted online. Despite filing a complaint with the police, no action was taken to protect Aliyev or investigate the threats. While several of the people who physically attacked Aliyev were imprisoned in Mary 2016, the link with his journalistic work was never investigated and it appears the masterminds remain at large. In 2012 – 2014, Rasim Aliyev was part of IRFS’ research and investigation team that conducted alternative investigations into murders and attacks of journalists and media workers.
  • In June 2015, the Director of Meydan TV and former political prisoner, Emin Milli, reported to the German police that he had received a threat, via an intermediary, from the Azerbaijani Minister of Youth and Sport, Azad Rahimov, in connection with his critical reporting on the 2015 European Games, held in Baku. Milli has publically stated that he believes the threat can be traced directly to President Aliyev, arguing that Rahimov would not have acted without presidential approval. (6) 

Recommendations

Enact measures to ensure the safety of journalists, in line with Human Rights Council resolution 33/2,(7) including, inter alia:

  • Publicly, unequivocally and systematically condemn violence and attacks against journalists;
  • Ensure impartial, speedy, thorough, independent and effective investigations, that also seek to bring masterminds behind attacks to justice, and to ensure victims and their families have access to appropriate remedies, in particular in the cases of Mehman Galandarov, Rasim Aliyev, Elmar Huseynov and Rafig Tagi;
  • Create special investigative units and specialised prosecutors, and adopt specific protocols and methods of investigation and prosecution, as well as trainings for key actors in the investigative and prosecutorial processes;
  • Systematically collect data to inform policy making on safety of journalists; and,
  • Establish protection mechanisms, including early warning and rapid response systems.

Arbitrary arrests and detentions of critics
9. During its last UPR, Azerbaijan accepted 16 recommendations(8) related to ensuring that human rights defenders, lawyers and other civil society actors are able to carry out their legitimate activities without fear or threat of reprisal, obstruction or legal and administrative harassment. Similar recommendations were accepted in relation to the treatment of journalists and writers, including that defamation should be decriminalised.(9)

10. Nevertheless, in the period under review Azerbaijan has continued its practice of targeting critical or dissenting voices with politically motivated arrests on spurious charges, extended pre-trial detentions (ranging from months to more than a year) and custodial sentences. The UN Human Rights Council’s Working Group on Arbitrary Detention, who visited Azerbaijan in May 2016, have noted that, notwithstanding the release of some high profile prisoners, the practice of the government to detain those with oppositional views continues, in violation of their international human rights law obligations.(10)

11. The Azerbaijani authorities arbitrarily arrest individuals for engaging in dissent and release them as a mechanism of control. There are often waves of arbitrary arrests and detentions prior to and around significant events, for example in the run up to and after the European Olympic Games in 2014 and the Formula 1 Grand Prix in 2015. As of August 2017, civil society activists within Azerbaijan estimate there to be 158 confirmed political prisoners. (11, 12)

12. Individuals arbitrarily arrested or detained for their political opposition include:

    • Ilgar Mammadov, the chairman of political opposition party REAL, was arrested in 2013 on fabricated charges of “inciting violence” and sentenced to seven years’ imprisonment. Despite a May 2014 European Court of Human Rights ruling, which concluded that Mammadov’s arrest took place with the goal “to silence or punish him for criticising the government” and violated his rights under the Convention.(13) In September 2017 the Committee of Ministers of the Council of Europe called again for Mammadov’s release, initiating infringement proceedings against the country.(14) However, he remains behind bars.
    • In May 2017, Gozel Bayramli, a high-level official of the opposition Popular Front Party of Azerbaijan (APFP), was detained by Azerbaijani authorities on her return from Georgia where she had been receiving medical treatment.(15)  Bayramli was accused of smuggling after border police claimed to have found an undeclared USD 12,000 in her bag and placed in pretrial detention.
    • In January 2017, APFP’s deputy chairman Fuad Gahramanli was sentenced to 10 years’ imprisonment, on a number of charges after being arrested in December 2015.
    • In March 2016, an APFP advisor Mammad Ibrahim, was sentenced to 3 years’ imprisonment on hooliganism charges, having been arrested in September 2015.

13. Arbitrarily arrested and detained journalists and bloggers, include:

  • Mehman Huseynov, well known photo-journalist and blogger. Repeatedly detained, he was imprisoned in March 2017 to 2 years imprisonment under Article 147.2 (slander, which relates to accusation of committing serious or especially serious crime).
  • Seymur Hazi, a journalist who wrote for Azadlıq and presented the internet program Azerbaijan Hour was arrested in August 2014, sentenced to 5 years of imprisonment in January 2015 under Article 221.3 (hooliganism, committed using items used as a weapon).
  • Aziz Orujov, the director of internet TV Kanal 13, was arrested on 1 June 2017 and his being held in pretrial detention under Articles 192.2.2 (Implementation of business activity without a licence), and 308.2 (abuse of official powers).
  • Nijat Aliyev, the editor-in-chief of www.azadxeber.az, a religious-oriented website of a critical nature, was arrested on 21 May 2012.  On 9 December 2013, Aliyev was sentenced to 10 years in prison under Articles 167.2.2.1, 234.1, 281.2 and 283.2.3 (ranging from drugs distribution to inciting religious hatred).
  • Araz Guliyev, was the editor-in-chief of www.xeber44.com online newspaper, was arrested on 9 September 2012. He was sentenced to  8 years in jail on 5 April 2013 under Articles 228.1, 233, 283.1, 315.2 and 324 (ranging from gun possession, to inciting hatred)
  • Fikrat Ibishbayli, also known as Faramazoglu, is editor-in-chief of www.jam.az the portal of the
    Journalistic Investigation Center, was arrested on 30 June 2016. On 14 June 2017, he was sentenced to 7 years under Articles 182.2.1, 182.2.2, 182.2.4 (large scale extortion).
  • Afgan Sadigov, an editor in chief of the www.azel.tv website, was arrested on 22November 2016. He was sentenced to 2.5 years imprisonment on 12 January 2017, under Article 127.2.3. (Causing serious harm).
  • Rashad Ramazanov, an active micro-blogger using social media sites, was arrested on 9 May 2013. On 13 November 2013, he was sentenced to 9 years imprisonment under Article 234.4.3 (Illegal purchase or storage of drugs with intent to sell).
  • Elchin Ismayilli,(16) founder and editor of Kend.info, an online news portal, was since arrested on 17 February 2017. On 18 September 2017, the Sheki Court for Grave Crimes sentenced Elchin Ismayilli to 9 years imprisonment. The court found him guilty under articles 182 (extortion of money by threats), 308 (abuse of office) and 311 (bribery).
  • Javid Shiraliyev the founder and editor-in-chief of the 7gun.az news portal was sentenced on May 22, 2016 to five years in prison for extortion.(17)
  • In an alarming development, Afgan Mukhtarli, a journalist and political activist, was kidnapped in Tbilisi, Georgia on 29 May 2017 and forcibly taken to Azerbaijan, where he reappeared a day after disappearing. He is accused of illegal border crossing and smuggling. His case has caused considerable distress to other Azerbaijani critics living in exile in Georgia.
  • Most recently, Mehman Aliyev, who is not related to the ruling family but is a veteran journalist and director of Turan News Agency, was arrested in August 2017 on spurious charges of tax evasion, abuse of power, and illegal entrepreneurship. Though released from custody on 11 September 2017, he was placed under police supervision and the criminal charges against him have not been dropped.

14. The following writers and poets have been arbitrarily arrested and detained:

  • Tofiq Hasanli, a poet who expressed his criticism in satirical poets and posted them on his Youtube channel before spreading them through social networking sites, was arrested on 12 October 2015. On 22 August 2016, he was sentenced to 6 years of imprisonment under Article 234.4.3.
  • Saday Shakarli, a poet was arrested on 23 December 2015 after the poet published his book Qurd ürəyi (Wolf heart). On 16 May 2016, he was sentenced to 10 years imprisonment under Article 182.2.4 (extortion).

15. The following civil society actors have also been arbitrarily arrested and detained in the period under review:

  • On 26 May 2014, Anar Mammadli, Chairman of the Election Monitoring and Democracy Studies Centre (EMDSC), was sentenced to five and a half years on charges of appropriation in significant size, tax evasion, illegal enterprise and abuse of power. He was originally arrested in December 2013 after criticising the October 2013 presidential electoral process. He was released by presidential pardon on 17 March 2016.
  • In the summer of 2014, Rasul Jafarov, head of the “Human Rights Club”, Leyla Yunus, Director of the Institute for Peace and Democracy, and her husband and historian Arif Yunus, were arrested, just ahead of the publication of a comprehensive list of political prisoners in Azerbaijan that Jafarov and Leyla Yunus were compiling. Jafarov was sentenced in 2014 to 6.5 years’ imprisonment under Articles 192 (illegal business), 213 (tax evasion) and 308 (abuse of power), but was released by presidential pardon on 17 March 2016. In August 2015, Leyla Yunus was sentenced to 8.5 years’ imprisonment, while Arif Yunus was sentenced to 7 years on charges including fraud and tax evasion. Both were subsequently released from prison in late 2015 on the grounds of ill health.
  • Aliabbas Rustamov, head of the Yasavul Law Firm, remains in prison since June 2014. Prior to his arrest, Rustamov had applied to become a legal counsel for Anar Mammadli (above). Sentenced in November 2015 to 7 years on charges relating to bribing an official, his sentence was reduced by one year in January 2017.

16. The following activists have been arbitrarily arrested and detained:

  • On 6 May 2014, Ilkin Rustamzade, a member of the Free Youth organization and the National Council, was sentenced to 8 years in prison on charges of organising mass disorder and hooliganism.(18) Rustamzade was detained in May 2013 as part of the same criminal investigation in which seven youth activists of the N!DA Civic Movement were arrested, each later receiving sentences ranging from six to eight years. All were subsequently released, with the exception of Rustamzade, who remains imprisoned.
  • In May 2016, two N!DA activists Giyas Ibrahimov and Bayram Mammadov were arrested after they painted graffiti on a statue of former President of Azerbaijan Heydar Aliyev in Baku. Both were sentenced to ten years’ imprisonment in December 2016, on fabricated charges of drug possession. Notably, the judge made the unprecedented decision to issue a harsher sentence than the one requested by prosecutor.
  • In January 2017, Elgiz Gahraman, also an N!DA activist, was sentenced to 5.5 years on fabricated drug related charges.(19)

17. Released political prisoners are commonly unable to return to their previous work and political activities. Many have not had convictions quashed, are under surveillance, face travel bans, and ongoing harassment:

  • On 22 April 2015, Intigam Aliyev,(20) Chairman of the Legal Education Society and award-winning human rights lawyer, was sentenced to seven and a half years’ imprisonment on charges of tax evasion (Article 213 of the Criminal Code of the Republic of Azerbaijan), illegal enterprise (Article 192) and abuse of power (Article 308.2). In March 2016 he was released when the Azerbaijan Supreme Court reduced his sentence to a five years’ suspended term, but the charges have not been quashed. As a consequence, Aliyev cannot run for public office.
  • Prominent investigative journalist, Khadija Ismayilova, was released after 16 months’ detention in May 2016, after the Supreme Court commuted her sentence of 7.5 years’ imprisonment for the absurd charge of “incitement to suicide” to a 3.5 year suspended sentence. Ismayilova is still subject to restrictions on her movement, including a travel ban.

18. The family members in Azerbaijan of dissidents living abroad have also been targeted:

  • In December 2016, three relatives of Jamal Ali, a rapper now based in Berlin, were called into the police in Baku shortly after Ali posted a satirical new years’ video, which mocked Azerbaijan’s recent arrests of youth activists from the N!DA movement.
  • On 18 February 2017, 12 family members of Ordukhan Teymurkhan, a blogger now based in the Netherlands, were questioned by police to pressure Teymurkhan to stop his activism. Two of his relatives were sentenced to administrative detention.

19. During its last UPR, the Azerbaijan authorities accepted recommendations to enhance the role of the Ombudsman as a preventative mechanism against torture.(21) However, as the Working Group also noted, there are serious and credible allegations of torture and cruel, inhuman and degrading treatment or punishment against those detained for exercising their rights to freedom of expression, which are not adequately investigated. These include the case of Bayram Mammadov (above)(22). Mehman Huseynov, a popular blogger known for exposing corruption among Azerbaijani officials, who was convicted to two years’ imprisonment on defamation charges in March 2017. The charges were in connection to a statement Huseynov made in January 2017, describing torture inflicted upon him by police officers after his detention.

Recommendations

  • Fully implement the recommendations of the UN Working Group on Arbitrary Detention following its 2016 country visit, in particular to investigate promptly, thoroughly and impartially all allegations of arbitrary arrest and detention of human rights defenders, journalists, political opponents and religious leaders, and prosecute and punish appropriately those found guilty and provide victims with redress;
  • Immediately and unconditionally release all persons arbitrarily detained for exercising their rights to freedom of expression, and, where applicable, quash their convictions and remove restrictions on their freedom of movement;
  • Drop the criminal charges against all persons for exercising their right to freedom of expression, including Intigam Aliyev, Khadija Ismayilova and Mehman Aliyev;
  • Cease the arbitrary arrest and detentions of individuals for politically motivated reasons;
  • Take immediate measures to combat torture and end the practice of impunity, ensuring that those responsible for acts of torture or cruel, inhuman or degrading treatment or punishment are held accountable and that victims obtain redress, including for convictions based on forced confessions.

Forced closure and harassment of independent media outlets and journalists
20. During its last UPR, Azerbaijan accepted 14(23)  recommendations related to ensuring respect for media freedom, independent journalism, and media diversity, including to take into account Council of Europe in this regard.(24)

21. The Azerbaijani authorities dominate the country’s media landscape, through regulations, direct ownership or indirect economic control. In the period under review, the majority of independent media outlets have been forced to close or go into exile, with those still operating inside the country subject to police raids, financial pressures, and prosecution of journalists and editors on politically-motivated charges. Where media outlets have been forced to stop print publication and publish only online, their sites are subject to periodic blocking and throttling by the Azerbaijani authorities.

22. Forced closure of media outlets include:

  • In June 2014, leading independent newspaper Zerkalo was forced to stop publishing in print, because government control of advertising and distribution networks made it economically untenable.(25) This was a consequence of government pressure on advertisers, and a ban on selling newspapers in the street or metro drastically reducing sales.
  • In December 2014, the Baku Bureau of Radio Free Europe/Radio Liberty (RFE/RL) – Radio Azadliq – was forcibly closed after it was raided and placed under seal by police, supposedly in connection with financial mismanagement.(26) Journalists working for RFE/RL in Azerbaijan continue to be harassed by Azerbaijani officials.(27)
  • In July 2016, ANS TV was abruptly suspended by Azerbaijan’s regulatory authority the National Television and Radio Council (NTRC),  after the station planned an interview with the Turkish opposition figure Fethullah Gülen, under Article 11 of the Law on Television and Radio Broadcasting (to avoid propaganda of terrorism via TV or Radio).(28)  The initial suspension was for one month, but in September 2016 the NTRC revoked ANS’ licence(29) and it remains off air.(30)
  • In September 2016, the last independent daily newspaper, Azadliq, stopped publishing following the arrest of its financial director Faiq Amirov, cutting off access to the newspaper’s bank accounts and income. The outlet had been financially throttled for years, as the state-owned distribution network consistently failed to transfer sales proceeds that it owed to the newspaper.
  • In August 2017, the authorities initiated a criminal case against Turan news agency for tax evasion, the last remaining independent media in the country. Its Editor-in-Chief, Mehman Aliyev, was also arrested on similar trumped-up tax evasion charges and its bank accounts have been frozen, forcing it to officially suspend all activities.(31)

23. Meydan TV, an independent online media outlet whose coverage includes human rights abuses and government corruption, closed its Baku office in December 2014 due to safety concerns. It continues to operate from its headquarters in Germany, in cooperation with journalists in Azerbaijan, despite relentless harassment and state-level blocking of the site since May 2017.(32) In August 2015, the Azerbaijani Prosecutor General’s Office launched a criminal case in relation to Meydan TV’s activities under Articles 213.2.2 (evasion of taxes in a large amount), 192.2.2 (illegal business) and 308.2 (abuse of power) of the Criminal Code. In April 2016, 15 individuals were named in the criminal investigation, with Aynur Elgunash, Aytaj Ahmadova, Sevinj Vagifgizi, and Natig Javadli  subject to travel bans.(33) Journalists associated with Meydan TV have been repeatedly summoned for interrogations by the Prosecutor’s Office.(34) The case remains open.

24. Harassment of individual journalists who express critical opinions or deviate from official State accounts in their reporting remains a serious concern. In September 2017, dozens of journalists were dismissed from the government controlled ATV television channel after well-known journalist and TV host. Turan Ibrahimov spoke on a live broadcast about corruption, including how high-ranking officials targeted an entrepreneur to illegally take over his business.(35)

25. Access to foreign media outlets remains restricted, notwithstanding the government’s acceptance of a specific UPR recommendation to expand media freedoms across broadcast platforms, including by ending its ban on foreign broadcasts on FM radio frequencies as well as restrictions on the broadcast of foreign language television programmes.(36) A 2009 ban imposed by NTRC (based on Article 13 of Law of the Republic of Azerbaijan on Telecommunication), remains in place, preventing foreign entities from accessing national frequencies, which effectively took the BBC, Radio Free Europe/Radio Liberty, and Voice of America, off the air.(37) The NTRC, established on 5 October 2002 by Presidential Decree (#795), is fully funded from the state budget and the President directly appoints its members. Similarly, the Azerbaijani public service broadcaster, Ictimai, consistently demonstrates clear bias favourable to the government and ruling party, a problem exacerbated by the lack of media pluralism and alternative information sources in the country.

26. Civil society organisations focused on media freedom issues have also been targeted. In August 2014, the office of the Institute for Reporters’ Freedom and Safety (IRFS) was raided by the authorities in the capital Baku as part of a broader crackdown on NGOs in Azerbaijan. They confiscated equipment, documents, and assets, and the staff were harassed and interrogated by Azerbaijan’s Public Prosecutor office. As a result, IRFS has been forced to cease its operations in Azerbaijan; its Director, Emin Huseynov, remains in exile since fleeing Azerbaijan in 2014.(38)

Recommendations

  • Support an independent and pluralistic media sector, ensuring that any official State advertising revenue is allocated according to a clear law, with non-discriminatory and equitable criteria, with allocations subject to full and detailed transparency, with guarantees for the editorial independence of media actors;
  • Desist from extra-legal pressure on advertisers that support independent media;
  • Desist from interference with the independence of media outlets, including through the harassment of their staff;
  • Establish through law a truly autonomous and functionally independent public service broadcasting service to promote diversity in broadcasting in the overall public interest with full editorial independence;
  • Replace Presidential Decree #795 which established the NTRC to establish through law a truly independent and adequately funded broadcasting regulatory body, in line with international freedom of expression standards, with clear, transparent and fair policies and procedures, including for the allocation, suspension and revocation of licenses, with the purpose of ensuring media diversity and pluralism in the public interest;
  • Cease the regulatory and judicial harassment of independent media outlets, their editorial staff and journalists, including by dropping criminal charges against Meydan TV and the Turan News Agency, and by restoring the license of ANS TV;
  • Amend Article 13 of Law of the Republic of Azerbaijan on Telecommunication and lift the ban prohibiting foreign entities from broadcasting on national frequencies, including the BBC, Radio Free Europe/Radio Liberty, and Voice of America to permit broadcasting by foreign outlets.
  • Permit media outlets to sell their newspapers in the streets, without undue restriction;
  • Ensure redress for the forced closure of IRFS, fully restoring confiscated property and allowing it to resume activities without harassment, including by allowing the return to Azerbaijan of IRFS director Emin Huseynov.

Legislative restrictions to freedom of expression online

27. During its last UPR, Azerbaijan accepted recommendations to protect freedom of expression online.(39) However, various laws have been amended to increase restrictions in the period under review.

28. On 15 November 2016, the Azerbaijani Parliament approved amendments to Articles 148 and 323 of the Criminal Code, creating a new offence of “slander or insult” through “fake user names, profiles or accounts”, as well as increasing penalties for “smearing or humiliating the honour and dignity” of the Azerbaijani president where the offence is committed online.(40) The government has not acted on its 2011 proposal to decriminalize defamation,(41) which currently carries a sentence of up to 3 years in prison. This is in spite of accepting a recommendation at the 2nd UPR cycle to abolish defamation provisions in the criminal code, and to “refrain from initiating defamation lawsuits against civil society activists and journalists”.

29. On 10 March 2017, the Parliament passed new amendments to the laws on “Information, Informatisation and Protection of Information” and “Telecommunications”, extending government control over online media.(42) The amendments establish obligations for website owners or hosts to delete within eight hours, on notice from the authorities, unlawful content.(43) Prohibited content includes any information criminalised under national laws, including broad “extremism” and “defamation” provisions. If the content is not removed, authorities can apply for a court order to block the website, though websites with information considered “a danger for the state or society” can be blocked without a court order, subject to subsequent judicial review.

30. Between March and April 2017, access to a number of online new sites with content critical of the government were blocked in Azerbaijan.(44) Contrary to the provisions in the above laws, neither the hosts or owners of these outlets were informed about the blocks in advance. On 12 May 2017, a Baku Court ruled to impose an official ban on five independent media websites deemed harmful and dangerous for national security. Along with Meydan TV, Azadliq newspaper, Radio Free Europe/ Radio Liberty Azerbaijani Service, Azerbaijan Saati website and video channel, and Turan TV video channel have all been blocked.(45)

31. In September 2017, access to the website of the Organised Crime and Corruption Reporting Project (OCCRP) was blocked inside Azerbaijan after they published the “Azerbaijan Laundromat” – a series of reports that uncovered high level corruption by Azerbaijani officials and implicated European and other diplomats and politicians.(46)

Recommendations

  • Reform the laws on “Information, Informatisation and Protection of Information” and “Telecommunications” to remove reference to prohibitions on content that do not comply with international human rights law on freedom of expression, and to ensure that websites are only blocked on the basis of an independent court order and are strictly proportionate to the aim pursued;
  • Decriminalise defamation fully, including by reversing the introduction of heightened penalties for online forms of defamation, repealing Articles 148, 148-1, 323.1, and 323.1-1 of the Criminal Code.

Legislative restrictions to freedom of association
32. During its last UPR, the Azerbaijan government accepted numerous specific recommendations to bring its Law on Non-Governmental Organisations into conformity with international human rights law and to create a safe and enabling environment for civil society,(47) but it has not done so.

33. In 2013 and 2014, amendments to the already-onerous 2011 Law on Non-Governmental Organisations (Public Associations and Funds) entered into force. These amendments provided the government with broad discretion to dissolve, impose financial penalties on, and freeze the assets of NGOs for infractions of administrative regulations, closing the few remaining loopholes for the operation of unregistered, independent, and foreign organisations.(48) The Venice Commission has found that the amendments “seem to be intrusive enough to constitute a prima facie violation of the right to freedom of association”(49), and their impact since has caused the UN High Commissioner for Human Rights to call for their repeal.(50)

34. The 2014 amendments established a de facto licensing regime for NGOs, giving the government broad discretion to arbitrarily refuse or delay the registration of grants, establishing complicated and onerous procedures for registration, and allowed for restrictions on NGOs’ access to their bank accounts for non-compliance. The impact of these new rules has been to severely limit civil society space. While some NGOs have reportedly had their bank accounts unfrozen in April 2016,(51) several organisations no longer have in their possession many of the documents required for grant registration, because Azerbaijani investigative authorities seized them in the course of inspections and criminal investigations.(52) Meanwhile, the accounts of many other human rights organisations and independent NGOs remain frozen, including in July 2014 those of the Legal Education Society and its head, Intigam Aliyev, causing the NGO to cease operations.

35. The 2014 amendments have also made it much harder for foreign entities to provide grants to local NGOs, requiring them to have an agreement with government ministries. As a consequence, throughout 2015, foreign governments that previously provided grants to local NGOs postponed their activities.

36. The Government of Azerbaijan established the Azerbaijani State Council for Support to NGOs in 2007, which aims to provide a domestic source of financial assistance to local NGOs. However, NGOs applying to the Council for grants have reported that they were told to sign a statement promising to refuse to have any relations with international NGOs critical of the Government of Azerbaijan, such as Amnesty International, Human Rights Watch, among others. In addition, one NGO receiving funding from the Council has reported that its activities have become subject to constant control by the state donor, undermining its ability to operate independently.

37. On October 21, 2016, President Aliyev signed into law a decree on the Simplification of Registration of Foreign Grants in Azerbaijan, effective from 1 January 2017.(53) The new regulations simplify some procedures for registration of foreign grants, but do not address the legal requirement for NGOs to register grants, and do not eliminate the requirement for the Ministry of Finance to provide an opinion on the expediency of each grant from a foreign donor, and most importantly, they do not change the broad discretion of the authorities to arbitrarily deny grant registration. The Law on Grants and the Law on State Registration and State Register of Legal Entities remains intact.

Recommendations

  • Comprehensively reform all laws limiting the right to freedom of association, in particular the 2011 law on NGOs and the 2013 and 2014 amendments thereto, and bring them in line with international human rights law;

Restrictions to freedom of assembly and protests

38. During the last UPR cycle, Azerbaijan accepted multiple recommendations regarding protection of the right to peaceful assembly.(54) However, the authorities continue to severely restrict protests in public spaces and organisers of peaceful actions have been arbitrarily arrested and detained.

39. Amendments to the Law on Peaceful Assembly in May 2008 stipulate that demonstrations may only held in a number of approved sites, all of which are far from the centre of Baku, thereby diminishing the impact of protest. Further changes to the Law on Freedom of Peaceful Assembly, adopted in November 2012 and criticised by UN special procedures, criminalised participants of peaceful gatherings when they “cause significant violation of the rights and legal interests of citizens”.(55) On 14 May 2013, amendments to the Code of Administrative Offences increased the penalties for “organising, holding and attending an unauthorised assembly” to 60 days’ detention, receiving criticism from Council of Europe Commissioner for Human Rights.(56)

40. Police have used unlawful and disproportionate force to disperse protests,(57) and participants in peaceful assemblies have been arbitrarily detained.(58) For example:

  • In April 2014, N!DA youth activists Turgut Gambar, Albulfez Gurbanli and Ilkin Rustemzade were sentenced to 10-15 days administrative imprisonment for participating in an unsanctioned memorial service on the four-year anniversary of a shooting at Azerbaijan’s State Oil Academy, and had their hair forcibly shaven off.
  • On 6 May 2014, more than 25 protesters were arrested during a rally protesting the sentencing of activists at Baku City Grave Crimes Court. The next day, three protesters were sentenced to administrative detention for participating in an unauthorized protest, with the rest receiving fines. One protester, Kemale Beneyarli, sentenced to 30 days’ administrative detention, alleged that she was severely beaten on the head for refusing to sign an incriminating statement before the trial hearing, and there has been no investigation to these allegations.

Recommendations

  • Comprehensively reform the 2008 Law on Peaceful Assembly (as amended) and the 2013 amendments to the Code of Administrative Offences, to bring them into compliance with Article 21 of the International Covenant on Civil and Political Rights, including by removing penalties for “unauthorised assemblies”, and removing blanket prohibitions on assemblies in the centre of Baku, ensuring that any location-based limitations are necessary and proportionate.

Footnotes

1. Institute for Reporters’ Freedom and Safety (IRFS), The Institute for Reporters’ Freedom and Safety Statement on the Outcomes of the Constitutional Referendum in Azerbaijan, (29 September 2016), available at https://www.irfs.org/news-feed/the-institute-for-reporters-freedom-and-safety-statement-on-the-outcomes-of-the-constitutional-referendum-in-azerbaijan/.
2. Council of Europe’s Venice Commission, Azerbaijan Preliminary Opinion on the draft modifications to the constitution submitted to the referendum of 26th September 2016, (20 September 2016), available at
http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-PI(2016)010-e p. 5
3. See e.g., amendments to Articles 89, 98, 100, 101, 103, 105, 106, and 108 of the Constitution, available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2016)054-e.
4. Recommendations of Canada, Italy, Germany, Slovenia, United Kingdom, Slovakia, Norway and Austria.
5. Specifically the recommendations of Canada, the United Kingdom, Slovakia, Norway.
6. Council of Europe’s Media Alert Platform, Meydan TV Director Emin Milli Threatened for Critical Reporting on European Games, (30 June 2015), available at – https://go.coe.int/1y4r2
7. ARTICLE 19, “Prevent – Protect – Prosecute: Acting on UN Human Rights Council Resolution 33/2”, (September 2017), available at: https://www.article19.org/data/files/medialibrary/38883/Safety-of-Journalists-guide.pdf
8. Recommendations of Austria, Ireland, Slovakia, United States, United Arab Emirates, Czechia, France, Italy, Canada (x2), Sweden, Chile, Norway, Mexico and Germany.
9. Recommendations of Slovenia, Germany, Canada, and Austria.
10. Report of the Working Group on Arbitrary Detention on its mission to Azerbaijan, A/HRC/36/37/Add.1, 2 August 2017; available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/36/37/Add.1
11. The Working Group on Unified List of Political Prisoners in Azerbaijan, Updated Unified List of Political Prisoners in Azerbaijan, (28 August 2017), available at –
http://smdtaz.org/wp-content/uploads/2017/08/Political-Prisoners-Report_Azerbaijan-August_2017.pdf
12. All Articles in this section refer to Articles of the Criminal Code of Azerbaijan.
13. European Court of Human Rights, Ilgar Mammadov v. Azerbaijan (Application No. 15172/13), 22 May 2014
14. Committee of Ministers of the Council of Europe, Decision CM/Del/Dec(2017)1294/H46-2, 21 September 2017; available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=0900001680749f3c
15. Meydan TV, Customs Service Releases Info. on Arrest of Gozel Bayramli, (29 May 2017), available at – https://www.meydan.tv/en/site/politics/23173/
16. Council of Europe’s Media Alert Platform, Azerbaijani Journalist Elchin Ismayilli Sentenced to 9 year in Prison, (18 September 2017), available at – https://go.coe.int/alXEf
17. International Press Institute, Concerns as head of Azerbaijan news agency arrested, (31 August 2017), available at – https://ipi.media/concerns-as-head-of-azerbaijan-news-agency-arrested/
18. The Azerbaijan Free Expression Platform, Imprisoned (2013): Ilkin Rustemzade, (15 June 2016), available at – http://azerbaijanfreexpression.org/ilkin-rustemzade/
19. The Azerbaijan Free Expression Platform, Arrested (2016): Elgiz Gahraman, (18 August 2016), available at – http://azerbaijanfreexpression.org/arrested-2016-elgiz-gahraman/
20. The Azerbaijan Free Expression Platform, Conditionally Released (2016): Intigam Aliyev, (18 August 2016), available at – http://azerbaijanfreexpression.org/imprisoned-2014-intigam-aliyev/
21. Recommendation of Bulgaria.
22. Meydan TV, Youth activist Bayram Mammadov on torture in police custody, (17 May 2016), available at -https://www.meydan.tv/en/site/politics/14510/
23. Recommendations by Canada (x3), Cyprus (x2), Italy, Germany, Slovenia, United Kingdom, Slovakia, Netherlands (x2), Norway and Austria.
24. Specifically recommendations Italy
25. Reporters Without Borders (RSF), Deprived of income, Azerbaijani paper is forced to stop publishing, (20 June 2014) available at https://rsf.org/en/news/deprived-income-azerbaijani-paper-forced-stop-publishing
26. RFE/RL – Radio Azadliq, Azadliq Radio Baku Bureau Sealed Shut , (26 December 2014), available at -https://www.azadliq.org/a/26763625.html
27. RFE/RL, RFE/RL’s Azerbaijani Service: Radio Azadliq, available at – https://pressroom.rferl.org/p/6126.html
28. https://www.irfs.org/news-feed/private-broadcaster-ans-tvs-broadcast-suspended-for-one-month/
29. Council of Europe (CoE)’s PACE, The functioning of democratic institutions in Azerbaijan (provisional report), p.12
30. Chai-khana, Azerbaijan’s ANS: Death of a TV Station, (17 July 2017), available at: https://chai-khana.org/en/azerbaijans-ans-death-of-a-tv-station
31. CoE, Statement on the arrest of Mehman Aliyev in Azerbaijan, (25 August 2017) available at – https://www.coe.int/en/web/portal/-/statement-on-the-arrest-of-mehman-aliyev-in-azerbaijan
32. http://www.eurasianet.org/node/83591
33. Meydan TV, Fifteen journalists named in criminal investigation of Meydan TV, (21 April 2016), available at -https://www.meydan.tv/en/site/news/13829/
34. E.g. https://www.meydan.tv/en/site/news/24362/
35. IRFS, Major Shake-up at ATV, (27 September 2017), available at – https://www.irfs.org/news-feed/major-shake-up-at-atv/
36. As recommended by Canada.
37. RFE/RL, Azerbaijan Bans RFE/RL, Other Foreign Radio From Airwaves, (30 December 2008), available at https://www.rferl.org/a/Azerbaijan_Bans_RFERL_Other_Foreign_Radio/1364986.html
38. The Guardian, Swiss fly out opposition journalist hiding at its Azerbaijan embassy, (14 June 2015), available at https://www.theguardian.com/world/2015/jun/14/swiss-fly-out-opposition-journalist-hiding-at-its-azerbaijan-embassy
39. Recommendations of Czechia and Canada
40. IRFS, Azerbaijani Parliament Approve Bill Restricting Online Speech, (29 November 2016), available at https://www.irfs.org/news-feed/azerbaijani-parliament-approves-bill-restricting-online-speech/.
41. See National Program for Action to Raise Effectiveness of Protection of Human Rights and Freedoms in the Republic of Azerbaijan, (27 December 2011), available at http://en.president.az/articles/4017.
42. IRFS, Azerbaijani Government Takes Big Steps to Keep Online Media under Control, as Parliament Adopts Restrictive Law related to Information, (10 March 2017) available at https://www.irfs.org/news-feed/azerbaijani-government-takes-big-steps-to-keep-online-media-under-control-as-parliament-adopts-restrictive-law-related-to-information/.
43. As above.
44. Meydan TV, Blocking of Websites in Azerbaijan Moving Ahead at Full Steam, (17 April 2017) available at – https://www.meydan.tv/en/site/news/22317/
45. Eurasianet.org, Azerbaijan: Court Upholds the Blocking of Independent Media Outlets (15 May 2017), available at – http://www.eurasianet.org/node/83591
46. Meydan TV, OCCRP blocked in Azerbaijan, (5 September 2017) available at – https://www.meydan.tv/en/site/news/24988/
47. Recommendations of Austria, Ireland, Slovakia, United States, Switzerland, Czechia, France, Chile, Norway, Mexico, Germany, the Netherlands, Italy, and Uruguay.
48. US State Department, Country Reports for Human Rights Practices 2015: Azerbaijan, http://www.state.gov/documents/organization/253035.pdf p.22
49. Venice Commission Opinion, supra note 3, at para. 91
50. http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16393&LangID=E
51. Minval.az, Власти снимают арест на банковские счета ряда НПО, (06 April 2016), available at – http://minval.az/news/123568530
52. US State Department, Country Reports for Human Rights Practices 2015: Azerbaijan, http://www.state.gov/documents/organization/253035.pdf p.22; See also: http://www.publishwhatyoupay.org/pwyp-news/azerbaijan-authorities-raid-civil-society-offices-in-continued-crackdown-on-ngos/
53. The International Centre for Non-Profit Law, Civic Freedom Monitor: Azerbaijan, (29 May 2017), available at – http://www.icnl.org/research/monitor/azerbaijan.html
54. Recommendations of Slovakia, United States, Germany, France, Uruguay, and Hungary.
55. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/046/29/PDF/G1404629.pdf?OpenElement
56. CoE Europe Commissioner for Human Rights, Report following Commissioner Muižnieks visit to Azerbaijan – 22 to 24 May 2013, (6 August 2013), available at – https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2501767&SecMode=1&DocId=2130154&Usage=2
57. Such as the official shown in the photo on the cover of ARTICLE 19’s report ‘Living as Dissidents’, taken during a 14 April 2010 unsanctioned demonstration staged by the Musavat Party. See ARTICLE 19, ‘Azerbaijan: Authorities Clamp Down on Protesters in First Election-Related Demonstration’, 15 April 2010. http://www.article19.org/pdfs/press/azerbaijan-authorities-clamp-down-on-protesters-in-first-election-related-de.pdf
58. For example, a flash mob by 5 individuals in support Rasul Jafarov, one of the arrested human rights defenders, on his birthday on 17 August 2014, resulted in arbitrary arrests and police violence.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1507719850906-a6d11292-e9f6-0″ taxonomies=”7145″][/vc_column][/vc_row]

Fourteen months on from arrest, Zaman journalists appear in court

21 Sep 2017 | Mapping Media Freedom, Media Freedom, media freedom featured, News and features, Turkey, Turkey Uncensored

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People gather in solidarity outside Zaman newspaper in Istanbul in March 2016

When the 15 July 2016 putschists attempted a coup in Turkey, no one could foresee that the journalists, columnists and staff of opposition newspapers and TV channels would be the target of such a massive detention and arrest campaign by the authorities.

However, days after the coup was halted, a large number of reporters, authors and staff of Zaman Daily, which is linked to the Gülen movement, led by the USA-based cleric Fethullah Gülen, were accused of orchestrating the failed coup. The arrests began immediately. 

Journalists Ali Bulaç, Şahin Alpay, Mümtaz’er Türköne, Ahmet Turan Alkan, Mustafa Ünal and others were put in jail based on their articles, written on 17 December 2013. After the paper reported on a corruption scandal, in which then-key government members were involved, the prosecution claimed these writers were “part of an organised attempt against the government”. Based on their articles, the prosecution forged a link between the coup attempt and the journalists. “Attempting to abolish the Constitution, and membership to a terrorist group” are very common charges levelled against dissident journalists and intellectuals. In brief, the main motivation of such cases, a fashion among the judiciary, is to make these people look like “putschists”.

The 64-page indictment, which was prepared 300 days after the arrests, an unlawful detention period, consisted of only the titles of the articles, which were the only evidence provided to support the accusations. Not a single word of the content from the articles was used. 

Four-hundred-and-twenty days on from the arrests, some of the journalists finally appeared before the court and made their defence. They stand trial at a courtroom close to notorious Silivri Prison where they are also being held. Despite objections from all the journalists, the court ruled at the end of the two-day hearing to continue their detention.

Bulaç, a vigorous advocate of Islamist ideology within Turkey, took to the floor to give his defence. Following a brief introduction, he talked about his frustration with the Gülen movement. He said he believes in his that elements of the movement were involved in the attempted coup.

Bulaç highlighted that he was subjected to ill-treatment during the police interrogation, including being mocked. He stated that such humiliation continued while in prison. He made clear in his defence that the religious group, which was once known for its services for people, evolved into “FETÖ”, a term coined by Turkey’s AKP government, meaning “a terrorist group supporting Fethullah Gülen”.

The most striking part of his defence was when Bulaç said he regretted writing for Zaman. He then asked the politicians who once supported the movement and later on separated: “You tell the public that they were deceived by the movement. But I was also deceived. So what makes a difference between you and me?”

Having expressed his objections to the evidence against him, Bulaç reiterated that none of his actions could be considered to be terrorist acts.

“Did I give the orders to stage a coup? Did I take part in pre-coup meetings? Did I bomb those innocent people who were killed on that night by jet fighters? Did I launder money on behalf of the group? Did I illegally transfer money abroad? Did I had relation with the police and military officers who actively took part in the process? No, none. So how can I be labelled as the member of the organization?” Bulaç asked.

Another well-known Zaman journalist, Alpay, is 73-years-old with multiple health conditions, including high blood pressure, prostate and heart conditions, loss of hearing and difficulty in breathing, among others. As a result, he has required medical treatment while in prison. 

All defendants in the case face three times aggravated life sentences plus 15 years in jail. Alpay questions how his articles could merit such an extreme prison term. He argues that the evidence against him is nonsense. 

As to why he wrote for Zaman rather than other media outlets, Alpay said the daily was the only one which opened its doors to him and that it pursued a policy of reaching out to all parts of the society by inviting various authors with different political backgrounds.

“The movement was a vigorous supporter of Turkey’s European Union membership bid. However, I was disappointed with the movement after I realised it had a dark side. I am extremely regretful for writing for Zaman,” Alpay added.

Alpay believes he will be acquitted of all charges against him and asked the panel of judges to release him pending trial so that he could spend the rest of his life with his children and grandchildren.

The story of İbrahim Karayeğen, who was the night editor of Zaman, is a little different from the other defendants. After he was detained in July 2016, his relatives hadn’t heard from him for eight days and the lawyer representing him said that Karayeğen faced torture. His lawyer was later arrested and sent to prison.

In his court defence, Karayeğen said that he was beaten by prison guards in the corners of the Silivri Prison where no surveillance camera exist. He shouted “justice doesn’t exist” during one of these assaults. He was held in a solitary confinement for six-and-a-half months.

Although he didn’t write a single article for the daily, the prosecution charged him with writing articles supporting the coup attempt. Karayeğen underscored that he didn’t write columns for Zaman during his working life in the daily. Explaining that he had no authority to determine the daily’s editorial policy, Karayeğen asked for his release. But his hopes also faded as the court decided for the opposite.

The next hearing is on 8 December, where a decision will be made whether Alpay’s health is an obstacle to his being held in prison. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1505985230960-9d055fa4-4d52-5″ taxonomies=”4335, 8607″][/vc_column][/vc_row]

Advocates from five nations demand their governments respect strong encryption

30 Jun 2017 | Campaigns -- Featured, Digital Freedom, Digital Freedom Statements, Statements

Today, 84 organisations and individuals from Australia, Canada, New Zealand, the UK and the USA sent letters to their respective governments insisting that government officials defend strong encryption. The letter comes on the heels of a meeting of the “Five Eyes” ministerial meeting in Ottawa, Canada earlier this week.

The “Five Eyes” is a surveillance partnership of intelligence agencies consisting of Australia, Canada, New Zealand, the United Kingdom, and the United States. According to a joint communique issued after the meeting encryption and access to data was discussed. The communique stated that “encryption can severely undermine public safety efforts by impeding lawful access to the content of communications during investigations into serious crimes, including terrorism.”

In the letter organised by Access Now, CIPPIC, and researchers from Citizen Lab, 83 groups and individuals from the so-called “Five Eyes” countries wrote “we call on you to respect the right to use and develop strong encryption.” Signatories also urged the members of the ministerial meeting to commit to allowing public participating in any future discussions.

 

Read the letter in full:

Senator the Hon. George Brandis
Attorney General of Australia

Hon. Christopher Finlayson
Attorney General of New Zealand

Hon. Ralph Goodale
Minister of Public Safety and Emergency Preparedness of Canada

Hon. John Kelly
United States Secretary of Homeland Security

Rt. Hon. Amber Rudd,
Secretary of State for the Home Department, United Kingdom

CC: Hon. Peter Dutton, Minister for Immigration and Border Protection, Australia;
Hon. Ahmed Hussen, Minister of Immigration, Refugees, and Citizenship, Canada;
Hon. Jeff Sessions, Attorney General for the United States;
Hon. Jody Wilson-Raybould, Minister of Justice and Attorney General, Canada;
Hon. Michael Woodhouse, Minister of Immigration, New Zealand

 

To Ministers Responsible for the Five Eyes Security Community,
In light of public reports about this week’s meeting between officials from your agencies, the undersigned individuals and organisations write to emphasise the importance of national policies that encourage and facilitate the development and use of strong encryption. We call on you to respect the right to use and develop strong encryption and commit to pursuing any additional dialogue in a transparent forum with meaningful public participation.

This week’s Five Eyes meeting (comprised of Ministers from the United States, United Kingdom, New Zealand, Canada, and Australia) discussed “plans to press technology firms to share encrypted data with security agencies” and hopes to achieve “a common position on the extent of … legally imposed obligations on … device-makers and social media companies to co-operate.” In a Joint Communiqué following the meeting, participants committed to exploring shared solutions to the perceived impediment posed by encryption to investigative objectives.

While the challenges of modern day security are real, such proposals threaten the integrity and security of general purpose communications tools relied upon by international commerce, the free press, governments, human rights advocates, and individuals around the world.

Last year, many of us joined several hundred leading civil society organisations, companies, and prominent individuals calling on world leaders to protect the development of strong cryptography. This protection demands an unequivocal rejection of laws, policies, or other mandates or practices—including secret agreements with companies—that limit access to or undermine encryption and other secure communications tools and technologies.

Today, we reiterate that call with renewed urgency. We ask you to protect the security of your citizens, your economies, and your governments by supporting the development and use of secure communications tools and technologies, by rejecting policies that would prevent or undermine the use of strong encryption, and by urging other world leaders to do the same.

Attempts to engineer “backdoors” or other deliberate weaknesses into commercially available encryption software, to require that companies preserve the ability to decrypt user data or to force service providers to design communications tools in ways that allow government interception are both shortsighted and counterproductive. The reality is that there will always be some data sets that are relatively secure from state access. On the other hand, leaders must not lose sight of the fact that even if measures to restrict access to strong encryption are adopted within Five Eyes countries, criminals, terrorists, and malicious government adversaries will simply switch to tools crafted in foreign jurisdictions or accessed through black markets. Meanwhile, innocent individuals will be exposed to needless risk. Law-abiding companies and government agencies will also suffer serious consequences. Ultimately, while legally discouraging encryption might make some useful data available in some instances, it has by no means been established that such steps are necessary or appropriate to achieve modern intelligence objectives.

Notably, government entities around the world, including Europol and representatives in the U.S. Congress, have started to recognise the benefits of encryption and the futility of mandates that would undermine it.

We urge you, as leaders in the global community, to remember that encryption is a critical tool of general use. It is neither the cause nor the enabler of crime or terrorism. As a technology, encryption does far more good than harm. We, therefore, ask you to prioritise the safety and security of individuals by working to strengthen the integrity of communications and systems. As an initial step, we ask that you continue any engagement on this topic in a multi-stakeholder forum that promotes public participation and affirms the protection of human rights.

We look forward to working together toward a more secure future.

Sincerely,

Access Now

Advocacy for Principled Action in Government

American Library Association

Amnesty International

Amnesty UK

Article 19

Australian Privacy Foundation

Big Brother Watch

Blueprint for Free Speech

British Columbia Civil Liberties Association (BCCLA)

Canadian Civil Liberties Association (CCLA)

Canadian Journalists for Free Expression (CJFE)

Center for Democracy and Techology

Centre for Free Expression, Ryerson University

Chaos Computer Club (CCC)

Constitutional Alliance

Consumer Action

CryptoAustralia

Crypto.Quebec

Defending Rights and Dissent

Demand Progress

Digital Rights Watch

Electronic Frontier Foundation

Electronic Frontiers Australia

Electronic Privacy Information Center

Engine

Equalit.ie

Freedom of the Press Foundation

Friends of Privacy USA

Future Wise

Government Accountability Project

Human Rights Watch

i2Coalition

Index on Censorship

International Civil Liberties Monitoring Group (ICLMG)

Internet NZ

Liberty

Liberty Coalition

Liberty Victoria

Library Freedom Project

My Private Network

New America’s Open Technology Institute

NZ Council for Civil Liberties

OpenMedia

Open Rights Group (ORG)

NEXTLEAP

Niskanen Center

Patient Privacy Rights

PEN International

Privacy International

Privacy Times

Private Internet Access

Restore the Fourth

Reporters Without Borders

Rights Watch (UK)

Riseup Networks

R Street Institute

Samuelson-Glushko Canadian Internet Policy & Public Interest

Clinic (CIPPIC)

Scottish PEN

Subgraph

Sunlight Foundation

TechFreedom

Tech Liberty

The Tor Project

Voices-Voix

World Privacy Forum

Brian Behlendorf, executive director, Hyperledger, at the Linux Foundation

Dr. Paul Bernal, lecturer in IT, IP and media law, UEA Law School

Owen Blacker, founder and director, Open Rights Group; founder, NO2ID

Thorsten Busch, lecturer and senior research fellow, University of St Gallen

Gabriella Coleman, Wolfe Chair in scientific and technological literacy at McGill University

Sasha Costanza-Chock, associate professor of civic media, MIT

Dave Cox, CEO, Liquid VPN

Ron Deibert, The Citizen Lab, Munk School of Global Affairs

Nathan Freitas, Guardian Project

Dan Gillmor, professor of practice, Walter Cronkite School of Journalism and Mass Communication, Arizona State University

Adam Molnar, lecturer in criminology, Deakin University

Christopher Parsons, The Citizen Lab, Munk School of Global Affairs

Jon Penney, research fellow, The Citizen lab, Munk School of Global Affairs

Chip Pitts, professorial lecturer, Oxford University

Ben Robinson, directory, Outside the Box Technology Ltd and Discovery Technology Ltd

Sarah Myers Wes, doctoral candidate at the Annenberg School for Communication and Journalism

J.M. Porup, journalist

Lokman Tsui, assistant professor at the School of Journalism and Communication, the Chinese University of Hong Kong (Faculty Associate, Berkman Klein Center)

Index announces winners of the 2017 Freedom of Expression Awards

20 Apr 2017 | Digital Freedom, Press Releases

A Chinese political cartoonist forced into exile and a Russian prisoners and LGBT rights activist convicted under the country’s draconian anti-protest law were among the winners of the 2017 Index on Censorship Freedom of Expression Awards.

The winners, announced on Wednesday evening at a gala ceremony in London, also included a crusading news organisation battling corruption in the Maldives and a group tracking Turkey’s internet shutdowns.

From left: Cartoonist Martin Rowson accepting the Arts Award on behalf of Chinese cartoonist Rebel Pepper; Alp Toker of Digital Activism Award-winner Turkey Blocks; Isik Mater of Digital Activism Award-winner Turkey Blocks; Anastasia Zotova, wife and campaign partner of Campaigning Award-winner Ildar Dadin; Ahemd Naish, editor of Journalism Award-winning Maldives Independent; Zaheena Rasheed, former editor of Journalism Award-winning Maldives Independent. (Photo: Elina Kansikas for Index on Censorship)

Awards were presented in four categories: arts, campaigning, digital activism and journalism.

The winners were: Chinese political cartoonist Rebel Pepper (Arts); Russian human rights activist Ildar Dadin (Campaigning); Digital collective Turkey Blocks (Digital Activism); news outlet Maldives Independent and its former editor Zaheena Rasheed (Journalism).

“These winners are free speech heroes who deserve global recognition,” said Index on Censorship CEO Jodie Ginsberg. “They, like all of those nominated, face huge personal and political hurdles in their fight so that others can express themselves freely.”

Drawn from more than 400 public nominations, the winners were presented with their awards at a ceremony at the Unicorn Theatre, London, hosted by comedian Katy Brand.

Actors, writers and musicians were among those celebrating with the winners. The guest list included activist Bianca Jagger, artist Bob and Roberta Smith, tech expert Nicole Yershon journalists Matthew Parris and David Aaronovitch, lawyer Nancy Hollander, novelist Hilary Mantel and director Peter Kosminsky.

Winners were presented with cartoons created by Aseem Trivedi, an Indian political cartoonist and activist, known for his Cartoons Against Corruption campaign.

High-res versions of the awards cartoons can be found here.

Neither Rebel Pepper nor Ildar Dadin could join the ceremony in London. Dadin was represented by his wife and campaigning partner Anastasia Zotova. Rebel Pepper delivered his acceptance speech via video.

Each of the award winners becomes part of the third cohort of Freedom of Expression Awards fellows. They join last year’s winners — Zaina Erhaim (Journalism), Bolo Bhi (Campaigning), GreatFire (Digital Activism), Murad Subay (Arts), Smockey (Music in Exile) — as part of a world-class network of campaigners, activists and artists sharing best practices on tackling censorship threats internationally.

Through the fellowship, Index works with the winners – both during an intensive week in London and the rest of the awarding year – to provide longer term, structured support. The goal is to help winners maximise their impact, broaden their support and ensure they can continue to excel at fighting free expression threats on the ground.

Judges included Harry Potter actor Noma Dumezweni, Hillsborough lawyer Caoilfhionn Gallagher QC, former Vanity Fair editor Tina Brown, as well as Anab Jain, TED fellow and co-founder of Superflux, and Stephen Budd, chairman of the Music Managers Forum.

Awards judge Tina Brown said: “At a time when freedom of expression and press are facing continuous and unprecedented threats around the globe, I am more than ever inspired by the boundless courage and sacrifices of Rebel Pepper, Ildar Dadin, Maldives Independent and Turkey Blocks. Ridiculed, persecuted, imprisoned, tortured, banned or exiled, these writers and activists are putting their lives on the line every day in order to protect basic human rights and fight injustice everywhere.”

Ziyad Marar, president of global publishing of SAGE Publishing, said: “Through working with Index for many years both as publisher of the magazine and sponsors of the awards ceremony, we at Sage are proud to support a truly outstanding organisation as they defend free expression around the world. Our warmest congratulations to everyone recognised tonight for their achievements and the inspiring example they set for us all.”

This is the 17th year of the Freedom of Expression Awards. Former winners include activist Malala Yousafzai, cartoonist Ali Ferzat, journalists Anna Politkovskaya and Fergal Keane, and  Bahrain Center for Human Rights.

Guests were treated to food provided by Ganapati Restaurant and beer created by craft brewery Flying Dog.

Further details about the award winners are below.

For interviews with the award winners, who are in London until Friday 21 April, please contact David Heinemann at [email protected].

Videos, photographs and other content related to the awards night will be available beginning 11am on Thursday 20 April. Please contact Sean Gallagher at [email protected].

Index on Censorship is grateful for the support of the 2017 Freedom of Expression Awards sponsors: SAGE Publishing, Google, Private Internet Access, CNN, Vodafone, Vice News, Doughty Street Chambers, former Index Award-winning Psiphon, Gorkana, Edwardian Hotels and Flying Dog Brewery. Additional consideration provided by PROPERCORN and Divine Chocolate.

—–

Index on Censorship Freedom of Expression Awards 2017 – background on winners

Arts – Rebel Pepper (China)

Cartoonist Wang Liming (aka Rebel Pepper) was presented with the Index 2017 Freedom of Expression Award Arts award for satirising Chinese Premier Xi Jinping and lampooning the ruling Communist Party. For his efforts Rebel Pepper has been repeatedly persecuted. In 2014, he took exile in Japan after serious threats against him were posted on Chinese government-sanctioned online forums. The Chinese state has since disconnected him from his fan base by repeatedly deleting his social media accounts, conversations with friends and family are under state surveillance, and exile has made him isolated, bringing significant financial struggles. Nonetheless, Rebel Pepper keeps drawing, ferociously criticising the Chinese regime.

Journalist and 2017 Freedom of Expression Award judge Tina Brown said: “Rebel Pepper was cut off from his family, cut off from all his friends and he wasn’t even able to go back for his mother’s funeral after she died from cancer, which is a very, very cruel fate for someone who simply wanted to tell the truth. At a time when the president of China is going off to Davos and making big statesmen-like speeches about how China is a big open society now, everybody come and trade, the fact is that it’s a really repressive and dark regime.”

In his acceptance speech, delivered by video, Wang Liming said: “Political cartoons are significant as I can use my works to peel away the mask of false perfection put on by the Chinese government. The humour and satire employed in my works can also help lighten the mood and dispel the fear that the Chinese people have towards the administration. I feel that these are the key reasons why political cartoons play such an important role in China. Ever since I came to Japan, I have been able to relish freedom of speech to the fullest. As such, my works are no longer limited by any external restrictions save for the boundaries of my own imagination.”

Speech | Profile

Campaigning – Ildar Dadin (Russia). Award supported by Doughty Street Chambers

A Russian prisoners and LGBT rights activist, Dadin was the first, and only, person to be convicted under a notorious 2014 public assembly law. Aimed at punishing anyone who breaks strict rules on protest, the law was enacted to silence dissent after a wave of demonstrations following President Vladimir Putin’s last election victory. Dadin’s crime was to stage a series of one-man pickets, often standing silently with a billboard, attempting to duck the cynical law and push for free expression. For his solo enterprise, Dadin was arrested and sentenced to three years imprisonment in December 2015. In November 2016, website Meduza published a letter smuggled from Dadin to his wife, exposing torture he suffered alongside fellow prisoners.  In February 2017, a Russian court quashed his conviction and Dadin was released.

Barrister and 2017 Freedom of Expression Awards judge Caoilfhionn Gallagher QC said: “Ildar Dadin has stood up to the Russian authorities in circumstances where we know how risky that can be: It has cost individuals their lives in recent years. It can even lose you a presidential election, as we now know. But Ildar, despite that, has continued to speak out and he continues to speak out even in the worst of circumstances.”

Speaking on behalf of Ildar Dadin, his wife and campaigning partner Anastasia Zotova said: “Tonight I tell you, that in Russia, there are no human rights. It is a society ruled through levels of cruelty and bigotry where Russians are forced to worship the great leader and any and all dissidents are stoned. Maybe I cannot join you in London but I can refuse to be silent. And you, friends, can refuse to be silent too. You can refuse to let these people silence me. Together, we can refuse to look away.”

Speech | Profile

Digital Campaigning – Turkey Blocks (Turkey). Award sponsored by Private Internet Access

Turkey Blocks is a digital transparency project documenting internet blackouts in a country marked by increasing authoritarianism, a strident crackdown on press and social media and numerous human rights violations.Turkish-British technologist Alp Toker brought together a small team to investigate internet restrictions and using Raspberry Pi technology they built an open source tool able to reliably monitor and report both internet shut downs and power blackouts in real time. Using their tool, Turkey Blocks have since broken news of 14 mass-censorship incidents during several politically significant events in 2016. The tool has proved so successful that it has been implemented elsewhere globally.

Designer and 2017 Freedom of Expression Awards judge Anab Jain said: “Alp Toker and Turkey Block’s work is important because it is going to have impact not just in Turkey but across the world wherever we start to see internet shutdowns.”

Alp Toker, founder of Turkey Blocks, said: “Turkey Blocks has developed new technology that can pinpoint and validate reports of shutdowns in real time. Through 2016 we uncovered evidence of over a dozen major blackouts during national emergencies, arrests of opposition party members and a devastating attempted military coup. We provided the data that enabled media, local press and international communities to report with confidence and push back to keep the internet on. We encouraged the government to become more transparent and limit use of their telecommunications kill-switch. Today our cause crosses political lines and resounds throughout Turkey’s polarised society.”

Speech | Profile

Journalism – Maldives Independent and Zaheena Rasheed (Maldives). Award sponsored by CNN

Website Maldives Independent, which provides news in English, is one of the few remaining independent media outlets in a country that ranks 112 out of 180 countries on the Reporters Without Borders Press Freedom Index. In August 2016 the Maldives passed a law criminalising defamation and empowering the state to impose heavy fines and shut down media outlets for “defamatory” content. In September, Maldives Independent’s office was violently attacked and later raided by the police, after the release of an Al Jazeera documentary exposing government corruption that contained interviews with former editor Zaheena Rasheed, who had to flee for her safety. Despite the pressure, the outlet continues to hold the government to account.

Doughty Street Chambers Barrister and 2017 Freedom of Expression Awards judge Caoilfhionn Gallagher QC said: “Maldives Independent under the stewardship of Zaheena Rasheed has faced attacks from all sides in recent years and despite all that they’ve continued to do what they do best: tell stories, expose corruption, expose human rights abuses and attacks on a free press.”

Zaheena Rasheed, former editor, Maldives Independent said: “This award feels like a lifeline. Most of our challenges remain the same, but this recognition and the fellowship has renewed and strengthened our resolve to continue reporting, especially on the bleakest of days. Most importantly, we no longer feel so alone. Tonight I want to honour my colleague, Ahmed Rilwan – who embodies the spirit of speaking truth to power, even in the face of the gravest threats. He’s been missing for nearly 1,000 days now. I want to say tonight, that no matter how long it may take, we will continue the search for him and fight for him.”

Speech | Profile

ABOUT THE FREEDOM OF EXPRESSION AWARDS AND FELLOWSHIP

The Index on Censorship Freedom of Expression Awards recognise those individuals and groups making the greatest impact in tackling censorship worldwide. Established 17 years ago, the awards shine a light on work being undertaken in defence of free expression globally. Often these stories go unnoticed or are ignored by the mainstream press. Through the fellowship, Index works with the winners – both during an intensive week in London and the rest of the awarding year – to provide longer term, structured support. The goal is to help winners maximise their impact, broaden their support and ensure they can continue to excel at fighting free expression threats on the ground.

ABOUT INDEX ON CENSORSHIP

Index on Censorship is a UK-based nonprofit that campaigns against censorship and promotes free expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. Index promotes debate, monitors threats to free speech and supports individuals through its annual awards and fellowship program.

 

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