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Letter: Wave of repression in Azerbaijan

13 Aug 2014 | Azerbaijan, Azerbaijan Letters, Campaigns, Statements

Mr Thorbjørn Jagland
Secretary General of the Council of Europe
67075 Strasbourg Cedex
France

Fax: +33 3 88 41 27 99
Email: [email protected]

13 August 2014

Re: Wave of repression in Azerbaijan

Dear Secretary General,

We are writing to you to express our concern and disappointment with your 11 August 2014 public statement, following your agreement with President Ilham Aliyev that a joint Committee between the Presidential Administration and representatives of the civil society, established in 2005, would be re-convened. You called this initiative “a good opportunity to go through the charges brought against the human rights defenders and to re-launch dialogue between the authorities and civil society.”

This announcement comes in the midst of an “unprecedented repression against civil society leaders in Azerbaijan.”[1]

Just in the last days many indispensible voices were indeed arrested in an attempt to silence them: a well-known and widely respected human rights defender Rasul Jafarov[2]; human rights defenders Leyla Yunus, a Chevalier of the National Order of the Legion of Honour as a tribute for her longstanding work promoting human rights; and human rights lawyer Intigam Aliyev, “a man who many refer to as ‘müəllim’, or ‘teacher’ – an honorific that in Azerbaijan bestows the utmost respect, who […] taught, educated, trained, and provided guidance to Azerbaijan’s newest generation of human rights defenders.”[3] Intigam Aliyev is also engaged as a regional tutor in the Human Rights Education for Legal Professionals (HELP) programme of the Council of Europe.

This new wave of repression comes after the sentencing on 26 May of Anar Mammadli and Bashir Suleymanli to respectively 5 years and 6 months and 3 years and 6 months imprisonment. Those two human rights defenders are the leaders of the only independent group monitoring elections in Azerbaijan. At the same time, 8 activists of NIDA, a non-governmental youth movement, were convicted on charges of hooliganism, possessing drugs and explosives as well as intent to cause public disorder. On Friday, 4 July, another NIDA activist, Ömar Mammadov was sentenced to 5 years imprisonment on charges of drug possession with the aim of selling it.

We are disappointed that you have abstained from any public comment on the charges against the human rights defenders. The Council of Europe Commissioner for Human Rights considers the charges against Rasul Jafarov and the travel ban against Emin Huseynov as “another disturbing illustration of how human rights defenders in Azerbaijan are systematically threatened with an instrumental use of criminal suits.”[4] In her statement issued on 3 August 2014,[5] the rapporteur on human rights defenders of the Parliamentary Assembly of the Council of Europe Mailis Reps denounced Leyla Yunus’ arrest and detention and expressed “concern for the true motivation underlying the charges levied against her,” calling the arrest “another example of the unrelenting suppression of independent voices and crackdown on civil society in the country. This is an unacceptable violation of Azerbaijan’s duties as a member of the Council of Europe.”

We are surprised that you did not publicly call for the release of the detained human rights defenders, at least from the pre-trial detention, which is not necessary[6] and presents a risk to the heath condition of Leyla Yunus. Intigam Aliyev and Arif Yunus also have problematic health conditions.

It is unclear to us which committee you refer to, and we understand it is in fact a working group established in 2005 on political prisoners in the country. The people, who have been over the last years working on the issue of political prisoners in the country and on core human rights issues, are now behind bars or left the country for security reasons. The civil society in Azerbaijan has grown in size and developed in professionalism in the last decade, and now includes strong voices for the promotion of human rights, such as the Institute for Reporters’ Freedom and Safety (IRFS), which was sealed whilst you spoke with President Aliyev on 11 August.[7] Who will today choose the representatives of Azerbaijani civil society in that working group?

To launch a dialogue platform in these conditions and without first step by the government, meaning the unconditional and immediate release of human rights defenders, will at best be ephemeral, and might possibly be counterproductive. How will this group operate without the key professional and defenders who are now jailed or detained? There is no need to “go through the charges brought against the human rights defenders”; they just need to be dropped because they are unfounded and unfair, and indeed based on laws, which de facto criminalise the work of human rights defenders. As Secretary General, you indeed give the impression that you endorse policies by which governments can choose their civil society, fostering it with support for loyal voices and repression for critical voices, contrary to the values embodied by the Council of Europe.

Those persecuted and arrested human rights defenders in Azerbaijan are also the ones, which inform and cooperate with institutions of the Council of Europe, including yourself. They have international recognition and wide outreach. In June 2014, when President Aliyev addressed the Parliamentary Assembly of the Council of Europe, Emin Huseynov, Rasul Jafarov and Intigam Aliyev together organised a side-event in Strasbourg, critical of the Azerbaijani human rights record. This wave of repression is related to Azerbaijan’s chairmanship of the Council of Europe and indeed a reprisal against critical voices cooperating with and reporting to the Council of Europe mechanisms.

This reprisal did not start recently but started with the order to the Human Rights House Azerbaijan to cease its activities in March 2011, following an event organised by HRH Azerbaijan at the Parliamentary Assembly of the Council of Europe in January 2011.[8]

We believe that your role is to protect and defend Council of Europe institutions, including those cooperating with them. We therefore regret that you have not chosen to use your influence and the power of your office to call for immediate and unconditional release of those human rights defenders and have not condemned their arrest.

As said by the Commissioner in the statement quoted above “by stifling dissent, Azerbaijan is failing to comply with its international obligations which require safeguarding freedom of expression, assembly and association. It is necessary that Azerbaijan reverse the situation. A first step would be to free all those detained because of the views they expressed.”

Sincerely,

Jodie Ginsburg Florian Irminger Adela Pospichalovaon
Index on Censorship Human Rights House Foundation People in Need

For correspondence:

Florian Irminger
Head of Advocacy and HRHF’s Geneva Office
Human Rights House Foundation (HRHF)
Rue de Varembé 1, PO Box 35
1211 Geneva 20
Tel: +41 22 33 22 552
Fax: +41 22 33 22 559
Email: [email protected]

[1] Human Rights House Foundation’s press release of 9 August 2014, available at http://humanrightshouse.org/Articles/20335.html.

[2] More information on that case available at http://humanrightshouse.org/Articles/20306.html.

[3]Article about Intigam Aliyev’s arrest by Giorgi Gogia, Senior Researcher at Human Rights Watch, available at http://www.hrw.org/news/2014/08/08/dispatches-azerbaijan-jails-yet-another-rights-defender.

[4] Council of Europe Commissioner for Human Rights statement of 7 August 2014, available at http://tinyurl.com/qh6snqc.

[5] Mailis Reps’ statement is available at http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=5153&lang=2&cat=5.

[6] Human rights defenders have been facing travel bans and hence, cannot leave the country, despite the fact that they do not present any risk to society if not detained. Conditions making a pre-trial detention necessary are hence not fulfilled, abiding by article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

[7] The visible persecution of IRFS and its leader began on 8 August with a search of its offices. More information available at http://www.indexoncensorship.org/2014/08/azerbaijan-press-freedom-arrest-free-expression-baku/.

[8] More information on the situation of the Human Rights House Azerbaijan available at http://humanrightshouse.org/Articles/20037.html.

Azerbaijan: Police search NGO offices

8 Aug 2014 | Azerbaijan, Azerbaijan News, Europe and Central Asia, News and features

(Image: IRFS)

The offices of Azerbaijani press freedom organisation Institute for Reporters’ Freedom and Safety (IRFS) were on Friday searched by police – the latest in a new clampdown by authorities on human rights groups in Azerbaijan. Human rights lawyer Intigam Aliyev also had his home searched, and has been sentenced to three months pretrial detention.

The IRSF offices were today surrounded by police officers according to reports from Azerbaijan. There are unconfirmed reports that Emin Huseynov, the head of the organisation, has been detained. He was already under a travel ban.

Over the past two weeks, human right defenders Leyla and Arif Yunus and Rasul Jafarov have been sentenced to three months of pretrial detention, facing charges including high treason, state betrayal and tax evasion. One of the country’s few remaining independent newspapers, Index Award winner Azadliq, has been forced to suspend publication due to financial troubles.

IRFS has been reporting on these and other instances of apparent state targeting of opposition voices. The NGO was founded in 2006, “in response to growing government restrictions on freedom of expression and freedom of press,” according to their mission statement. The latest global press freedom index from Reporters Without Borders ranks Azerbaijan at 160 out of 180 countries, and the recent estimates puts the number of political prisoners in the country at over 140.

The recent cases have taken place against a backdrop of heightening tensions between Azerbaijan and neighbouring Armenia, which so far has left at least 14 people dead. President Aliyev on Thursday published a series of tweets on his personal Twitter account which seemed to threaten war with Armenia. The troubled relationship between the two countries has also played a part in cases against dissidents, including Leyla Yunus who has been accused of spying for Armenia.

In May, Azerbaijan assumed chairmanship of the Council of Europe’s (COE) Committee of Ministers, whose tasks include “ensure[ing] that member states comply with the judgments and certain decisions of the European Court of Human Rights”.

In a statement on Friday, the COE said Secretary General Thorbjørn Jagland has “revealed his deep concern at the arrest of Azerbaijan human rights defender Leyla Yunus and the prosecution case against her husband Arif”.

“By stifling dissent, Azerbaijan is failing to comply with its international obligations which require safeguarding freedom of expression, assembly and association. It is necessary that Azerbaijan reverse the situation,” COE Commissioner for Human Rights Nils Muiznieks has told Azerbaijani media.

Index on Censorship, along with 60 other NGOs, has called for the immediate and unconditional release of Leyla and Arif Yunus and Rasul Jafarov. Today Index reiterates this call and raised its concerns with Britain’s Foreign and Commonwealth Office.

“It is deeply worrying that while international attention is directed at conflicts elsewhere, Azerbaijan appears to be resuming oppression of dissent,” said Jodie Ginsberg, CEO of Index on Censorship. “This is a country showing blatant disregard for human rights while presiding over an institution that describes itself as the continent’s ‘leading human rights organisation.’ The fellow members of the Council of Europe must do more to show Azerbaijan its actions must cease immediately.”

This article was published on August 7, 2014 at indexoncensorship.org

Azadliq editor not hopeful for future of Azerbaijan’s last independent daily

4 Aug 2014 | Awards, Azerbaijan, Azerbaijan News, News and features

Index Award winning Azadliq newspaper was forced into cancelling its print run last week with little hope of restoring its publication.

It is not that easy to get to the editorial office of Azadliq in Baku. Once you enter the building of Azerbaijan Publishing House, a police officer, who sits close to a statue of Heydar Aliyev, the late “father of the nation” and the actual father of the incumbent president Ilham Aliyev, asks you to call the office of the newspaper to get someone to pick you up downstairs. “Everyone in Baku knows their number,” an old lady in the phone room says as she tells me how to reach Azadliq.

Rahim Haciyev, an acting editor of the daily, smiles as he greets me, and leads to the top floor of the building that looks like a shattered remnant of the Soviet past. We pass a dark and neglected corridor that seems to be last painted around 1989 – the year Azadliq was launched.

The last day of July 2014 can become the end of what was the last independent daily in Azerbaijan as it was forced into suspension of publication.

“We owe 20,000 manat (about £15,000) to the publishing house, and they refuse to print our newspaper unless we pay the debt. But we are not able to, because we don’t get money for the newspaper sales. Gasid, the state-owned press distribution company, owes us 70,000 manat (about £53,000), which should be enough to cover our debts and operation costs. Its general manager is an MP and a member of the ruling party – and they just won’t pay us,” says Rahim Haciyev.

The authorities of Azerbaijan have used economic pressure to silence one of the last critical voices in the country. Last year the newspaper was a target of defamation suits that have resulted in £52,000 in fines, which were followed by bans against selling the paper at tube stations and on the streets of Baku. Thus, Azadliq lost sales of 3,500 copies daily – and with the official distribution network refusing to pay for the copies they sell, it has resulted in a complete blockade of any revenue streams. The State Press Support Fund refused to support the paper as well.

“The authorities have tried to stifle us for a long time, and it looks like they have finally succeeded. I don’t see them letting us go back to print. The only chance is strong pressure from the West, but I don’t expect this to happen. The Western democracies are now preoccupied with weakening the influence of Russia in the region, so it is unlikely they are going to put too much pressure on its neighbouring countries,” says Haciyev.

Azadliq’s editor also sees pressuring of the paper as a part of a wider campaign of the Azerbaijani authorities aimed at silencing of the country’s civil society. Two well-known human rights defenders, Leyla Yunus and Rasul Jafarov, were arrested last week; they will be detained pending trial for three months each.

“At the moment, when repressions against the civil society and human rights activists are getting tougher, the last thing they need is a critical newspaper that spreads the word about their clampdown. And we were the last daily that reported on those cases,” Haciyev points out.

Azadliq’s editorial team keeps working, although they have not been paid for two and a half months. The paper’s website, which is one of the most popular news source online in Azerbaijan, is still updated, but nobody knows for how long.

“Azadliq” means “freedom” is Azerbaijani. There is less and less freedom in the country that looks set to take a sad lead on the number of closed down media outlets and human rights activists in jail.

This article was posted on August 4, 2014 at indexoncensorship.org

Azerbaijan: Azadliq forced to suspend publication

31 Jul 2014 | Azerbaijan, Azerbaijan News

One of the few remaining independent media outlets in Azerbaijan, the 2014 Index on Censorship Guardian Journalism Award-winning newspaper Azadliq has been forced to suspend publication due to an ongoing financial crisis. This comes just a day after the government of Azerbaijan targeted prominent human rights defenders Leyla and Arif Yunus and Rasul Jafarov. Yunus and her husband have been detained for three months as prosecutors build a case around charges that include high treason. Jafarov has been banned from traveling.

The paper’s Editor-in-Chief Rahim Haciyev told Contact AZ that without an immediate payment of 20,000 manat (£15,105.39) to its printer, the latest issue would not be produced. The paper’s government-backed distributor, which according to Haciyev owes Azadliq 70,000 manat (£52,868.86), has refused. This is not the first time that Azadliq, which has reported on government corruption and cronyism, has faced a financial cliff.