27 Jul 2015 | Campaigns, mobile, Morocco, Statements
To Your Majesty Mohammed VI,
At a time when Morocco is advocating openness, democratisation and full respect for human rights as instruments for confronting the future, we receive the news of the hunger strike begun by the journalist Ali Lmrabet. For this reason, we wish to pass on to you our deep concern for the situation of this journalist, who has received dozens of international awards and who is deprived of his national identity documents coinciding with the end of a 10-year ban on exercising the profession of journalist in Morocco and also with his announcement that he wishes to return to professional activity.
Freedom of expression and criticism are fundamental elements for the consolidation of a democratic state that is active against regression and intolerance. Any attempt to restrict freedom of expression degrades the image of Morocco and the credibility of its commitment to the rule of law.
Precisely because, from here, we wish to lend our full support to any effort to transform Morocco developed at different levels of the political world and civil society in the country, we are writing to you to express our serious concern at the current situation of Ali Lmrabet, whose life is in danger.
For all these reasons, we would ask you to reflect on this to give instructions to the administration in your country, and its diplomatic staff in Switzerland in particular, to renew all Ali Lmrabet’s Moroccan citizenship documents.
Without a residence certificate, passport and other documents related to journalistic work, Ali Lmrabet would become the first Moroccan deprived of his civil and political rights.
We do not need to give you, Your Majesty, lessons in the fact that the deprivation of these rights is contrary to all liberties, including fundamental freedoms, freedom of expression and, in the case of Ali, the internationally recognised and acclaimed right to freely exercise the profession of journalist. The only thing we would ask you, Your Majesty, in your capacity as Head of State, is to strictly apply the provisions of the Moroccan Constitution, giving the right to all citizens to fully and freely exercise their profession, in this case as journalist and editor of publications in Morocco.
We look forward to your considered response.
Yours sincerely,
Letter signed by the following:
Míriam Acebillo Baqué, President of Lafede.cat, Organisations for Global Justice
Mariano Aguirre, Director of Norwegian Peacebuilding Resource Centre (Norway)
Cinta Arasa, Coordinator of the Persecuted Writers Committee
Carmen Arenas, President of Catalan PEN
Homero Aridjis, Emeritus President of International PEN
Jordi Armadans, Director of FundiPau (Peace Foundation)
Sion Assidon, former Secretary General of Transparency-Morocco
Margaret Atwood, Vice-President of Canada International PEN, Prince of Asturias Award
Danielle Auroi, MP of the National Assembly of France
Juan Tomás Ávila Laurel, Writer, HM Award International Odón Betanzos Palacios of the New York Circle of Ibero-American writers and poets (Equatorial Guinea)
Malén Aznárez, President of Reporters without Borders (RSF- Spanish section)
Elisabeth Badinter, Philosopher
Ekbal Baraka, Chair of PEN International Women Writers Committee, former president of Egyptian PEN
Isaías Barreñada Bajo, University Professor and Human Rights activist
Ana Barrero Tiscar, Peace Culture Foundation
Mark Barwick, Policy Adviser at Human Rights Without Frontiers International (Switzerland)
David Bassa i Cabanas, Journalist, president of the Barnils Group of Journalists
Lluís Bassets, Deputy director of El Pais (Spain)
Anouar Bassi, Transparency 25 President (Tunisia)
Abdejelil Bedoui, Economist and member of the FTDES Steering committee
Sélim Ben Abdesselem, Former member of the Tunisian National Constituent Assembly
Abdelkader Benali, Writer and journalist, Libris Prize (Netherlands)
Thijs Berman, Former Dutch MP of the European Parliament
Mylène Botbol–Baum, Writer, University professor of philosophy and bioethics
Marian Botsford Fraser, Writer and journalist, Chair of Writers in Prison Committee, PEN International Canada
Jean-Marcel Bouguereau, Journalist Le Nouvel Observateur and former chief editor of Libération
Sfia Bouarfa, Belgian honorary MP and former senator
Jim Boumelha, President of the International Federation of Journalists (IFJ)
François Burgat, Political scientist, Research Director of CNRS
Teresa Cadete, Portuguese writer, board member of PEN International
Lindsay Callaghan, President of PEN South Africa
Maria Cañadas, President of Catalonia Amnesty International (AIC)
Gemma Calvet, MP of Parliament of Catalonia (Spain)
Carles Campuzano, MP of Congreso de los Diputados (Spain)
Marius Carol, Editor of La Vanguardia
Ignacio Cembrero, Journalist, former correspondent of El País in Maghreb
Nadia Chaabane, Former deputy of Tunisian National Constituent Assembly
Alain Chabod, International Consultant, former journalist of France Television
Luc Chartrand, Journalist, Radio-Canada
Larbi Chouikha, University professor; Institut de Presse et des Sciences de l’Information (IPSI) (Tunisia)
John Maxwell Coetzee, Writer, Nobel Prize in Literature 2003, Vicepresident of PEN International
Robert Coover, Writer, William Faulkner Foundation Award, American Academy of Arts and Letters, and National Endowment of the Arts (USA)
Olivier Corten, Professor; Centre of international law of ULB; Brussels
Joan Coscubiela, Deputy of Congreso de los Diputados (Spain)
Olivier Da Lage, Journalist, Vice-president of IFJ, RFI and SNJ
Luc Dardenne, Filmmaker
Eric David, Emeritus professor of International Law; Chairman of The International Law Centre of the ULB
Ascensión de las Heras, MP of Congreso de los Diputados (Spain)
Antonio Della Rocca, President of the Trieste PEN Center, Member of the Board of PEN International (Italy)
Christophe Deloire, Secretary General of Reporters Without Borders
Nicolas Dot Pouillard, Resercher of MAEE
Christos Doulkeridis, President of ECOLO group in the Parliament of the Wallonie-Bruxelles Federation (Belgium)
André du Bus, Deputy of Wallonie-Bruxelles Federation
Josy Dubié, Honorary senator (Belgium), former journalist and ONU official
François Dubuisson, Professor, International Law Centre of ULB (Brussels)
Patrick Dupriez, Co-chair of Ecolo party
Isabelle Durant, Brussels MP (Belgium)
Mohamed El Battiui, President of the Amazigh World Assembly
Najat El Hamchi, Writer, Ramon Llull Prize
Ahmed El Khannous, MP, Brussels Parliament
Mahmoud El May, MP and Member of the National Constituent Assembly (Tunisia)
Isabelle Emmery, Brussels Member of Parliament
Mathias Enard, Writer, Gouncourt Prize 2012
Charles Enderlin, Journalist, former France2 correspondent in Israel
Moris Farhi, MBE Vice-President, PEN International
Halim Feddal, Secretary General of the National Association for the Fights against corruption (Algeria)
Soledad Gallego-Díaz, Journalist of El País
Vicent Garcés, Former Member of the European Parliament
María Caridad García Álvarez, MP of Congreso de los Diputados (Spain)
Lise Garon, Professor, Laval University
Zoé Genot, Ecolo MP, Brussels Regional Parliament
François Gèze, President and chief editor of Éditions La Découverte (France)
Jodie Ginsberg, Chief Executive Officer of Index on Censorship
Henri Goldman, Editor of Politique, revue de débats and MICmag (Belgium)
Eric Goldstein, human rights activist (United States)
Elsa González, FAPE President (Spanish Press Associations Federation)
Juan Goytisolo, Writer, National Prize of Spanish Letters and Miguel de Cervantes Prize
Rafael Grasa Hernández, President of Institut Català Internacional per a la Pau
Ricardo Gutiérrez, Secretary general of European Federation of Journalists (EFJ)
Maher Hanin, Member of steering committee of FTDES
Abderrahmane Hedhili, President of Tunisian Forum for Economic and Social Rights (FTDES)
Seymour M. Hersh, American journalist
Francis Hickel, Coordinator Pâquis Solidarity Space, Geneva
Jesús Iglesias Fernández, Senator (Spain)
Jon Iñárritu García, MP of Congreso de los Diputados (Spain)
Véronique Jamoulle, MP, Brussels Parliament
Jean-Jacques Jespers, University Professor, Université libre de Bruxelles
Oriol Junqueres i Vies, Chairman of the party “Esquerra Republicana de Catalunya” (ERC) and opposition leader in Parliament of Catalonia
Lucina Kathmann, Writer, Vice-president of PEN International (United States)
Salam Kawakibi, Arab Reform Initiative, president of the Initiative for a New Syria
Melek Kefif, Doctor and member of the Steering committee of FTDES
Charefeddine Kellil, Lawyer for the families of martyrs and wounded (Tunisia)
Zakia Khattabi, Co-chair of Ecolo Party (Green Belgian)
Kamel Labidi, Tunisian journalist, former director of Amnesty International in Tunisia and former president of the National Authority to Reform Information and Communication (INRIC)
Luis Las Heras, Editor (Spain)
Gilwon Lee, Poète, Poet, Sang-Byeong Cheon Prize and Dong-Ju Yoon Literary Prize, Board Member, PEN International South Korea
Joanne Leedom-Ackerman, vice-president of PEN International (USA)
Jean-Claude Lefort, Former MP at the French Parliament
Emmanuel Lemieux, Essayist, and investigation journalist (France)
Stefano Liberti, journalist and writer, Luchetta Award to the best journalist and Anello Debole Prize
Jonathan Littell, Writer, Goncourt Award and Grand Prix du Roman of the French Academy
Robert Littell, Writer and journalist, Los Angeles Times Book Prize (USA)
Juan López de Uralde, Executive Commission Equo party, former Greenpeace-Spain Director
Bernabé López García, Professor, former member of Averroes Committee Spain-Morocco
Mehdi Mabrouk, Former Culture Minister (Tunisia)
Noël Mamère, MP of the National Assembly and Mayor of Bègles (France)
Sherif Mansour, MENA Program Coordinator, Committee to Protect Journalists (CPJ)
Christophe Marchand, Lawyer, Brussels (Belgium)
Jean-Paul Marthoz, journalist, correspondent of the Committe to Protect Journalists (CPJ) in the European Union
Sandrine Martins Espinoza, Lawyer and international consultant for elections (Argentine)
Daniel Patrick Maunier, University Professor, New York University
Fernando Maura Barandarián, Spanish MP, European Parliament
Federico Mayor Zaragoza, President of Foundation for a culture of peace, former Director of UNESCO
Daniel Menschaert, Diplomatic, Honorary Officer of the Federation Wallonia-Brussels in Morocco
Manuela Mesa Peinado, CEIPAZ Director, Peace Culture Foundation
Rosa Montero, Writer and journalist, Grinzane Cavour award and National Journalism Award (Spain)
Quim Monzó, Writer, National Literature award (Catalonia)
Alexandre Niyungeko, President of the Burundi Journalists Union (UBJ)
Elisabeth Nordgren, Chair of the Search Committee, PEN International (Finland)
Vida Ognjenovic, Vicepresident, PEN International (Serbia)
Margie Orford, Board Member, PEN International (South Africa)
Mario Orrù, Observer Coordinator at Democracy International
Bechir Ouarda, Journalist, Former Coordinator of the civil coalition in defence of freedom of expression in Tunisia
Rémy Pagani, Administrative Councillor for the city of Geneva
Andrés Perelló, Former Member of the European Parliament, Spain
Rosana Pérez Fernández, MP of the Congreso de los Diputados (Spain)
Tone Peršak, Chair of Writers for Peace Committee, Pen International (Slovenia)
Thomas Pierret, University professor, University of Edinburgh
John Ralston Saul, Writer, president of PEN International
Pedro J. Ramírez, Editor of El Español, former editor of El Mundo
Raul Rivero, Cuban writer, UNESCO / Guillermo Cano Press Freedom Prize
Raül Romeva Rueda, Former Spanish MP, European Parliament
Jean Louis Roumegas, MP of the French Parliament
Elena Ruiz Ruiz, University professor (Spain)
Hélène Ryckmans, Member of the Walloon Parliament and the Parliament of the Federation Wallonia-Brussels, Senator
Messaoud Romdhani, Member of the Executive Committee of the Euro-Mediterranean Network of Human Rights (EMHRN), and vice president of the Tunisian League of Human Rights (LTDH)
Amor Safraoui, Chairman of the Independent National Coordination for Transitional Justice (Tunisia)
Mohamed Salah Kherigi, Trade unionist, Vice-president of the Tunisian League of Human Rights (LTDH)
Raffaella Salierno, General Secretary of PEN Català, Director of the GuestWriter programme
Victoria Salvy, Artist and writer (France)
Gervasio Sánchez Fernández, Journalist, National Photography Award, and Ortega y Gasset Journalism Award (Spain)
Mhamed Seghier, Journalist of Liberté (Algeria)
Màrius Serra, Writer, Ramon Llul and Sant Jordi Awards (Catalonia)
Amira Aleya Sghaier, Tunisian historian and university professor
Mohamed Sheriff, President of PEN Sierra Leona
Ricardo Sixto Iglesias, MP at Congreso de los Diputados (Spain)
Simona Skrabec, Chair of Translation and Linguistic Rights Committee, PEN International
Mohamed Smaïn, Activist in charge of human rights, Algerian League for the Defence of Human Rights (LADDH)
Carles Solà, Journalist, TV3 program Director (Catalonia, Spain)
Carlo Sommaruga, Lawyer, MP of the Swiss parliament
Karima Souid, Former MP of the Tunisians from abroad, member of National Constituent Assembly of Tunisis
Simone Susskind, MP of Brussels – Capital Region
Abdellah Taïa, Moroccan Writer, Flore Award
Alaa Talbi, President of Alternatives, Tunisian Section
Joan Tardà, MP of Congreso de los Diputados (Spain)
Sami Tlili, Tunisian Filmmaker, Cinema and Human Rights Award of Amnesty International and Best documentary of the Arab world Award
Jarkko Tontti, Treasurer of PEN International (Finland)
Manuel Tornare, Swiss MP, former Mayor of Geneva
Carles Torner, Executive Director of PEN International
Estefania Torres, Spanish MP of the European Parliament
Mathew Tree, Writer, Octubre – Andròmina Award
Jane Unrue, Director of the Harvard Scholars at Risk (SAR) Program and Freedom to Write Committee board for PEN, New England (United States)
Miguel Urban, Spanish MP of the European Parliament)
Dominique Vidal, Journalist
Santiago Vidal i Marsal, Judge of Provincial Audience Chamber of Barcelona, Judges for Democracy
Per Wästberg, Writer, President of Nobel Committee for Literature, former President of PEN International
Lawrence Weschler, écrivain, George Polk et Lannan Literary Award (United States)
22 Jul 2015 | Middle East and North Africa, mobile, Morocco, News
Outside the United Nations building in Geneva, Switzerland, Ali Lmrabet is in his 28th day of a hunger strike. The journalist and satirist is protesting what he sees as the latest bid from his country Morocco to stop him from doing his job.
In a period spanning over a decade, Lmrabet, who was the editor of two satirical publications, has continuously been targeted by Moroccan authorities. In 2003, he was jailed for reporting on personal and financial affairs of Morocco’s King Mohammed VI. His magazine Demain was banned. Though initially handed down a three-year sentence, Lmrabet was released after six months. But his troubles were far from from over: in 2005, he was banned from practising journalism in his home country for ten years, over comments made about the dispute in Western Sahara between Morocco and the Algerian-backed Polisario Front.
Now authorities are seemingly using bureaucracy as a tool to try and silence Lmrabet again. As his ban expired in April this year, he returned to Morocco with the aim of relaunching Demain. But there he was denied a residency permit, without which he is unable to set up the magazine. In a further complication, he also needs the residence permit to renew his passport. When this expired on 24 June, Lmrabet, who was in Geneva to participate in a session of the UN Human Rights Council, decided to start a hunger strike.
“He is very tired,” his partner Laura Feliu told Index on Censorship in a phone interview. She explained how the heat in Geneva has played a part in leaving Lmrabet drained of energy, and while he hasn’t had any serious health problems, he is experiencing sensations of seasickness.
Lmrabet’s protest takes place outside the UN offices, though a heatwave forced him to move inside on Sunday. He sleeps in a Protestant church near the centre of the city. Subsisting on water and some sugar and salt, he has lost at least seven kilograms since the start of the strike.
“He started a hunger strike to protest because he has been denied the right to work as a journalist,” Feliu explained. But in addition to having his free expression and press freedom curtailed, he also has another problem, she adds: “He is denied his right to an identity.”
Lmrabet has support in his country. Some 100 well-known Moroccans from the worlds of media, human rights and academia have signed a petition to the government calling on him to be allowed to renew his documents and continue his work in journalism. Independent and prominent human rights organisations in Morocco are also backing him, according to Feliu.
The response from Moroccan authorities, meanwhile, has so far been unsympathetic. The country’s UN ambassador Mohamed Aujjar has urged Lmrabet to contest what he labelled an “administrative decision” in Morocco, telling AFP that “you don’t get your papers by staging a hunger strike”. Lmrabet, on his part, is unwilling to risk being stranded in Morocco without papers and the ability to work or leave the country. “No one trusts the judical system in Morocco,” he said.
Feliu says it’s difficult to know what the outcome will be, but that Lmrabet is convinced this is the only way to protest. And he remains hopeful.
“He is very convinced of his fight. He is very convinced of his cause. He says that he has the moral to do it.”
Join us 30 July at Stand Up for Satire, a fundraiser in support of Index on Censorship.
This article was posted on 21 July 2015 at indexoncensorship.org
27 May 2015 | About Index, Campaigns, Statements
His Excellency José Eduardo dos Santos
President of the Republic of Angola
Re: Prosecution of Rafael Marques de Morais
Dear President dos Santos,
We, the undersigned individuals and organizations, are writing to you to express our strong concerns about the prosecution on criminal defamation charges of journalist Rafael Marques de Morais. Despite what was understood to have been a negotiated agreement between Mr. Marques de Morais and government authorities late last week, we are deeply concerned that that agreement is now being reversed. Instead, it appears that the court will issue a verdict in the case later this week; a conviction could result in a prison sentence and the indefinite revocation of his passport.
This case reflects a broader deterioration in the environment for freedom of expression in Angola, including the increasing use of criminal defamation lawsuits against journalists and routine police abuse of, and interference with, journalists, activists, and protesters peacefully exercising their right to freedom of expression. We urge you to take immediate steps to reverse these worrying trends.
Mr. Marques de Morais has been regularly and repeatedly harassed by state authorities because of his work. The 24 criminal defamation charges lodged against Marques, for example, are only the latest attempt by Angolan officials to silence his reporting. Marques has alleged a range of high-level corruption cases and human rights violations in his blog, and pursued sensitive investigations into human rights violations in Angola’s diamond areas.[1] We are unaware of any serious effort by the Angolan attorney-general’s office to impartially and credibly investigate the allegations of the crimes for which he has been charged.
Your government appears to be using Angola’s criminal defamation laws to deter Mr. Marques de Morais from his human rights reporting. By doing so, the government is violating his right to freedom of expression as protected by Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights. Preventing him from reporting on human rights violations is contrary to the United Nations Declaration on Human Rights Defenders.
The prosecution of Mr. Marques de Morais also stands in opposition to the December 2014 judgment of the African Court on Human and Peoples’ Rights, which ruled in the case of Lohé Issa Konaté v. Burkina Faso that except in very serious and exceptional circumstances, “violations of laws on freedom speech and the press cannot be sanctioned by custodial sentences.”[2] Laws criminalizing defamation, whether of public or private individuals, should never be applied, including in these circumstances given that Marques was raising concerns about human rights abuses in the country’s diamond mines. Criminal defamation laws are open to easy abuse, as the case against Marques demonstrates, resulting in disproportionately harsh consequences. As repeal of criminal defamation laws in an increasing number of countries shows, such laws are not necessary for protecting reputations.
We strongly urge you to take immediate steps to make clear that the government of Angola respects the right of journalists, activists, and others to enjoy their right to freedom of expression. Furthermore we encourage you to immediately pursue efforts to abolish Angola’s criminal defamation laws.
Thank you for your attention to this important matter.
Sincerely yours,
Sarah Margon, Washington Director, Human Rights Watch
Steven Hawkins, Executive Director, Amnesty International USA
Teresa Pina, Executive Director, Amnesty International Portugal
A. Lemon, Emeritus Fellow, Mansfield College, University of Oxford
Aline Mashiach, Head Commercial and Marketing Manager, Royalife LTD
Andreas Missbach, Joint-managing director, Berne Declaration, Switzerland
Art Kaufman, Senior Director, World Movement for Democracy
Beata Styś-Pałasz, P.E. Senior Project Manager, State of Florida Department of Transportation
Ben Knighton, Co-ordinator of the African Studies Research Group, Oxford Centre for Mission Studies (OCMS)
Carl Gershman, President, National Endowment for Democracy
Cécile Bushidi, PhD student, SOAS, University of London
Cléa Kahn-Sriber, Head of Africa Desk, Reporters Without Borders
Cobus de Swardt, Managing Director, Transparency International
Daniel Calingaert, Executive Vice President, Freedom House
Deborah Posel, Institute for Humanities in Africa (HUMA), University of Cape Town
Diana Jeater, Editor, Journal of Southern African Studies, Lecturer in African History, Goldsmiths, University of London
Dorothee Boulanger, Doctoral candidate, King’s College London
Dylan Tromp, Director, Integrate: Business & Human Rights
E.A. Brett, Professor of International Development, London School of Economics
Ery Shin, Doctoral candidate in English literature, University of Oxford
Fiona Armitage
Garth Meintjes, Executive Director, International Senior Lawyers Project
Henning Melber, Senior Advisor/Director emeritus, The Dag Hammarskjöld Foundation
Hilary Owen, Professor of Portuguese and Luso-African Studies, University of Manchester
Jaqueline Mitchell, Commissioning Editor, James Currey
Jodie Ginsberg, CEO, Index on Censorship
Kathryn Brooks, African Studies Centre, University of Oxford
Kenneth Hughes, University of Cape Town
Lara Pawson, freelance writer, Author of In the Name of the People: Angola’s Forgotten Massacre
Lotte Hughes, Senior Research Fellow, History Department, and The Ferguson Centre for African and Asian Studies Faculty of Arts, The Open University
Margot Leger, MSc Student, African Studies
Mary Lawlor, Founder and Executive Director, Front Line Defenders
Matthew de la Hey, MBA Candidate, Saïd Business School, University of Oxford
Merle Lipton, Research Fellow, King’s College London
Michael Ineichen, Program Manager & Human Rights Council Advocacy Director, International Service for Human Rights (ISHR)
Michael Lipton, Research Professor of Economics, Sussex University
Michael Savage, Cape Town, South Africa
Michelle Kelly, Faculty of English, University of Oxford
Nic Cheeseman, Associate Professor in African Politics, Department of Politics and IR and the African Studies Centre, University of Oxford
Patrycja Stys, Co-Convenor, Oxford Central Africa Forum (OCAF), University of Oxford
Phil Bloomer, Executive Director, Business & Human Rights Resource Centre
Phillip Rothwell, King John II Professor of Portuguese, University of Oxford
Raymond Baker, President, Global Financial Integrity
Roger Southall, Professor Emeritus, Department of Sociology, University of the Witwatersrand
Santiago A. Canton, Executive Director of Partners for Human Rights, Robert F. Kennedy Human Rights
Simon Taylor, Director, Global Witness
Sue Valentine, Africa Program Coordinator, Committee to Protect Journalists
Suzanne Nossel, Executive Director, PEN American Center
William Beinart, Director, African Studies Centre, University of Oxford
CC:
Adão Adriano António, Attorney General of the Republic and supervisor of the central Huambo province
Lucas Miguel Janota, Magistrate of the Public Ministry
17 Apr 2015 | Azerbaijan, mobile, News
(Photo: National Endowment for Democracy)
The Sport for Rights coalition resolutely condemns yesterday’s sentencing of Rasul Jafarov, a prominent Azerbaijani human rights defender, to 6.5 years in prison on politically motivated charges. The coalition calls for his immediate release.
“This is just the latest example of the brutal crackdown on civil society by the host government of the forthcoming European Games,” said Thomas Hughes, Executive Director of Article 19. “This ridiculous sentence is a punishment for Jafarov’s human rights activism. The authoritarian regime in Baku are scared of the attention Jafarov would bring during the high profile sport events they are proudly hosting – the European Games in June this year and the Formula One Grand Prix in 2016”.
The coalition calls for the EU and its Member States to impose targeted sanctions – for instance visa ban– against those members of the regime who systematically abuse fundamental human rights of citizens of Azerbaijan. At the same time, given the unprecedented human rights crisis in Azerbaijan, the coalition calls for the European Olympic Committee to establish a working group to examine specific cases of right abuses that violates the spirit and letter of the Olympic Charter and the atmosphere of the first European Games.
“A robust response from the European Olympic Committee is required, together with sanctions from the European Union and United States. This is the only way to bring about the release of Rasul Jafarov and other political prisoners, including prominent human rights defenders Leyla Yunus, Emin Huseynov, Anar Mammadli, award-winning investigative journalist Khadija Ismayilova and well-known politician Ilgar Mammadov” , said Emma Hughes of Platform London.
“The Baku games should not be used as a means to blind the wider world to the appalling treatment being meted out to journalists and activists in Azerbaijan. The international community must unite in condemning the Azerbaijani government and in calling for the immediate release of Rasul Jafarov and his compatriots.”, Index on Censorship CEO Jodie Ginsberg said.
“The authorities of Azerbaijan has now come to an absolute low point of the regressive trend we have seen over the past years. An even lower point will be reached with the expected sentencing of human rights lawyer Intigam Aliyev next week. We expect governments, international organisations and corporate businesses that have relations with the Azerbaijani government to hold Azerbaijan accountable and react firmly. Profound actions and sanctions must be taken as a response to Azerbaijan’s severe crackdown on independent civil society and human rights defenders – and to Azerbaijan’s total disrespect of international agreements and responsibilities,” urges Maria Dahle, Executive Director of the Human Rights House Foundation (HRHF).
On 16 April 2015, Rasul Jafarov was sentenced to 6.5 years in prison by the Baku Court of Grave Crimes. He is also prohibited from holding any office for 3 years. He was convicted under Articles 192 (illegal business), 213 (tax evasion) and 308 (abuse of power) of the Criminal Code of Azerbaijan. During the trial, all the prosecution witnesses testified in his favor, and the prosecution failed to prove his guilt. After the verdict, Jafarov reiterated that the charges against him are politically motivated and fabricated.
Jafarov’s work has focused on violations of the right to freedoms of expression, assembly and association. At the time of his arrest in August 2014, he had collected information on over 100 cases of political prisoners in Azerbaijan. He had also called for the foundation of a new NGO coalition, “Sport for Rights”, to raise awareness on Azerbaijan’s human rights record in the run up to the European Games in Baku.
With his colleagues and allies, Rasul Jafarov has advocated for the dozens of journalists, activists and human rights defenders who are behind bars on illegitimate grounds. As a result of relentless repression enacted by the Azerbaijani government, key human rights activists and journalists have been jailed, exiled, or forced into hiding.
The next person to be sentenced in Azerbaijan is the human rights lawyer Intigam Aliyev. He has filed numerous cases with the European Court of Human Rights and as leader of the Legal Education Centre trained a whole generation of lawyers in Azerbaijan. He was awarded with the Homo Homini Award in 2012. He is charged with the same charges as Rasul Jafarov. The next hearing in his case will be on 21 April 2015 and he might be sentenced the following day with up to 10 years imprisonment.
For example, well-known Azerbaijani human rights defender Emin Huseynov has been in hiding in the Embassy of Switzerland in Baku for almost eight months. He sought shelter at the Embassy in order to avoid imminent arrest on fabricated charges—an act of revenge by the regime in response to his criticism of Azerbaijan’s poor human rights record in the international arena. Emin faces charges under three articles of the Criminal Code of Azerbaijan: articles 308 (abuse of office), 213 (tax evasion) and 192 (illegal business).
Hard-hitting investigative journalist Khadija Ismayilova has been thrown into jail on similarly fabricated charges – embezzlement, illegal business, tax evasion, and abuse of power. She has been in pretrial detention since December 5 on a separate charge of inciting a man to commit suicide. As reported by the Committee to Protect Journalists (CPJ), a member of the Sport for Rights coalition, Azerbaijan is the leading jailer of journalists in Europe and Central Asia with at least eight journalists in prison.
Another prominent critic of the Azerbaijan regime, Leyla Yunus, who was calling for the boycott of the European Games due to Baku’s appalling human rights records, was arrested on 30 July on trumped-up charges of treason and other crimes. Her husband, Arif Yunus, faced travel restrictions until he too was arrested on 5 August, on similar charges. Leyla, who—has been denied necessary medical attention since her arrest, is currently being held in a detention center in Baku, just a few miles from the arena where the European Games will soon be inaugurated.
The Sport for Rights coalition demands the immediate release of Rasul Jafarov and other human rights defenders and activists in Azerbaijan, and calls for robust sanctions against Azerbaijan unless the government takes concrete steps to halt this crackdown.
Sport for Rights Coalition including:
Article 19
Center for Civil Liberties
Committee to Protect Journalists
Freedom Now
Helsinki Foundation for Human Rights
Human Rights House Foundation
Index on Censorship
International Media Support
International Partnership for Human Rights
Nesenhuti
Platform London
You Aid Foundation
For more information, contact:
Dominika Bychawska, Helsinki Foundation for Human Rights at [email protected]
Gulnara Akhundova, International Media Support at [email protected]
Nina Ognianova, Committee to Protect Journalists at [email protected]
Melody Patry, Index on Censorship at [email protected]
Background to Rasul Jafarov’s case:
Rasul Jafarov is a lawyer and prominent human rights activist based in Azerbaijan. He is the founder and chairman of the Human Rights Club and coordinated the ‘Sing for Democracy Campaign’, which used the publicity surrounding the Eurovision Song Contest 2012 in Baku to shed light on the human rights situation in Azerbaijan. In October 2014, Rasul Jafarov, together with other prominent Azerbaijani human rights activists, was awarded the Andrei Sakharov Freedom Award by the Norwegian Helsinki Committee. In the same year, he was nominated for the Human Rights Tulip Award, an accolade presented by the Netherlands Ministry of Foreign Affairs to courageous human rights defenders who promote and support human rights in innovative ways.
Rasul Jafarov was arrested on 2 August 2014 and subsequently charged with illegal entrepreneurship, tax evasion and abuse of office. On 12 December 2014, additional charges were brought against him, including embezzlement and forgery. At a hearing on 9 April 2015, the prosecutor recommended a prison sentence of 9 years.
An analysis of trial procedures conducted by the Helsinki Foundation for Human Rights (HFHR) and the Netherlands Helsinki Committee (NHC) raises serious doubts whether the defendant’s fundamental right to a fair trialhas been adequately protected.During the initial stage of the trial, the accused and his lawyers already encountered problems in accessing investigation materials. During the first two hearings, Jafarov was brought into court in handcuffs and kept in a metal cage, which hindered communication with his lawyers. On one occasion, guards seated next to the accused during the hearings obstructed communication with his lawyers, in breach of the guaranteed secrecy of such communication. During the trial, Jafarov stated that he had faced ill-treatment—for example, he was deliberately woken up very early on the days of his trial, and kept waiting for several hours in a special (is this the right word? Small?) room. He was transported to the hearings in an overcrowded vehicle.
The prosecution’s arguments concerning the charges were vague. During the trial, the prosecution neither elaborated upon nor justified the charges, in particularly the charges of abuse of office and service forgery, as no evidence of significant damage to the interests of physical or legal persons or national or societal interests (according to Articles 308.2 and 313 of the Criminal Code) was presented. The lack of precision in regard to the charges and the lack of respect for Jafarov’s right to understand and respond to accusation has raised another challenge to procedural fairness.
During the trial, the Court heard more than a dozen witnesses. Although the prosecution considered some of these individuals as victims, the witnesses stated that they did not feel victimized by the defendant and have no claims against him. According to their testimonies, Jafarov paid them regularly and all financial documentation was completed in conformity with Azerbaijani law. The defence lawyers filed unsuccessful motions to revoke the “victim status” of most of the witnesses. No clear justification for the rejection of this motion was provided. Moreover, during questioning of the alleged victims, the judge commented on their responses and guided their answers. Some of the alleged victims brought documents confirming that they had been paid for their work, but the judge refused to look at this crucial evidence.
The defence requested that the Court conduct an independent expert analysis of the document presented by the prosecution as a proof of alleged forgery by the accused. This motion was rejected by the Court, and so the defence presented the results of forensic analysis stating that the signatures on financial documents and invoices were authentic. Although the court accepted the expert analysis as evidence, it rejected the motion to hear the forensic expert.
The defence also submitted letters from 20 donor organizations stating that all grant funds were spent as intended. In addition, the court was presented with five CDs containing supporting documents. The prosecution opposed the presentation of these documents, arguing that they could be forged. However, the court accepted the defence’s submission.
