13 Jun 2017 | Azerbaijan, Azerbaijan Letters, Campaigns, Campaigns -- Featured, Statements
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Arif and Leyla Yunus (Photo: HRHN)
Dear Secretary General,
We, the undersigned organisations call on Interpol, and all other relevant bodies and authorities to act with due diligence in accordance with Interpol’s constitution to prevent the misuse of Interpol alerts against Leyla Yunus and Arif Yunus, two prominent human rights defenders from Azerbaijan. The couple currently resides in exile in the Netherlands, where they were granted refugee status in 2016. Detailed information about their human rights activism can be found below. Interpol’s constitution prohibits the misuse of its systems for political purposes and in ways that violate human rights.
Leyla and Arif Yunus were arrested on 30 July and on 5 August 2014 respectively. Azerbaijani authorities prosecuted both on politically motivated charges of large-scale fraud, while also charging Leyla with bogus forgery, tax evasion, and illegal entrepreneurship offences. In August 2015, a court sentenced Leyla Yunus to eight and half years imprisonment, and Arif Yunus to seven, having convicted them of tax evasion and other economic crimes. Authorities also filed treason charges against them both, but later suspended the investigation.
On 9 December 2015, Leyla Yunus was released from detention and her eight-and-a-half-year prison sentence was converted into five-year suspended sentence, following a decision by the Baku City Court of Appeal on the basis of a request from her lawyers with reference to her deteriorating health condition. Similarly, Arif Yunus’s prison term was changed to a five-year suspended sentence. He was placed under house arrest on 12 November 2015. In April 2016 the Azerbaijani government allowed the couple to travel abroad to receive needed medical treatment for conditions they had developed during their prison ordeal.
Due to the politically motivated nature of their prosecution, in spring 2016 the couple received political asylum in the Netherlands.
When Leyla and Arif left Azerbaijan, their cassation appeal was still pending before the Supreme Court. On 27 December 2016, the Supreme Court sent the case back for re-examination to the Baku Appeal Court. On 17 May 2017, at the hearing at the Baku Appeal Court, the Yunus’s lawyer asked the court to ensure the couple’s participation in the proceedings via internet. The court rejected the petition. The same day, the court ordered the couple to return to the country to participate in the subsequent court hearings in their case. The court hearing was rescheduled from 31 May to 3 July 2017.
The arrest of Leyla and Arif Yunus happened against the backdrop of a rapidly deteriorating human rights situation in Azerbaijan. Since 2014, several dozens of human rights defenders, lawyers and journalists and opposition politicians have been arrested and prosecuted on politically-motivated grounds. The arrests and other steps by the government of Azerbaijan have served to severely close the space for independent activism, critical journalism, and opposition political activity in the country.
Azerbaijan has been ranking as Not Free in the Freedom in the World rankings of the Freedom House for several years, scoring the lowest on the political rights and civil liberties. In the latest Freedom of the Press rankings, Azerbaijan scored the 162nd place out of 180 countries.
The United Nations Working Group on Arbitrary Detention recently concluded an official visit to Azerbaijan. In a statement issued at the end of its visit, the Working Group concluded that human rights defenders, journalists, and political and religious leaders continue to be detained on criminal or administrative charges in the country as a way to impair their exercise of basic human rights and fundamental freedoms and to silence them. The Working Group stressed that these practices constitute abuse of authority and violate the principle of the rule of law that Azerbaijan has undertaken to comply with. One of the cases highlighted by the Working Group is that of Leyla and Arif Yunus. In his recent report to the Human Rights Council, the United Nations Special Rapporteur on human rights defenders, Michel Forst also drew attention to the legal persecution of human rights defenders in Azerbaijan.
An official request has been made to Interpol on 12 June 2017 by the European Human Rights Advocacy Centre (EHRAC), which represents the couple, to inquire about the existence of any alerts made against Leyla and Arif Yunus by the Azerbaijani Government and to request Interpol to take all appropriate steps to prevent the dissemination of such an alert. Taking into consideration the very poor human rights record in Azerbaijan and the routine practice of politically-motivated prosecutions by the authorities, any attempt by the Azerbaijani authorities to use Interpol alerts against Leyla Yunusova and Arif Yunusov would violate the prohibition in Interpol’s constitution against the misuse of its systems for political purposes and in ways that violate human rights. Interpol should, therefore, refuse any request from the Azerbaijani authorities to use the Interpol Information System against Leyla Yunusova and Arif Yunusov, and we call on all relevant national bodies and authorities not to act on Interpol alerts against them, in case they are issued.
Short biographies:
Leyla Yunus is a long time human rights defender and activist since the late Soviet era. She is the director of the Institute for Peace and Democracy, a human rights organisation in Azerbaijan that focused on political prisoners, women’s rights and other issues. For almost 30 years Leyla Yunus and Arif Yunus have been involved in compiling comprehensive lists of political prisoners in Azerbaijan. Leyla Yunus is a Knight of the French Legion of Honor, winner of the International Theodor Hacker award, Laureate of the Polish Sergio Vieira de Mello Award and a finalist of the 2014 Sakharov Prize of the European Parliament.
Arif Yunus is a prominent Azerbaijani historian and human rights activist. He is the chairperson of the Conflict and Migration departments at the Institute for Peace and Democracy. Throughout his career, Arif has published over 30 books and several articles on the history of Azerbaijan and on Azerbaijani-Armenian relations. In his work, he has promoted dialogue between intellectuals from Azerbaijan and Armenia, and for many years has advocated for a peaceful resolution of the conflict in Nagorno-Karabakh. He has supported numerous victims of torture and spoken out repeatedly against politically motivated detentions.
The list of signatory organisations:
1. Amnesty International
2. Association UMDPL (Ukraine)
3. Bir Duino
4. Centre for the Development of Democracy and Human Rights
5. Committee Against Torture
6. Crude Accountability
7. Fair Trials
8. FIDH and OMCT under “Observatory for the protection of human rights defenders”
9. Freedom Files
10. Front Line Defenders
11. Helsinki Foundation for Human Rights
12. Human Rights House Foundation
13. Human Rights Watch
14. Index on Censorship
15. International Partnership for Human Rights
16. Institute for Reporters’ Freedom and Safety (IRFS)
17. Kazakhstan International Bureau for Human Rights and the Rule of Law
18. KRF Public Alternative
19. Legal Policy Research Centre
20. Public Verdict
21. Regional Center for Strategic Studies
22. The Barys Zvozskau Belarusian Human Rights House
23. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
24. The Netherlands Helsinki Committee
25. Women of the Don[/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:1497944614160-ae286e6b-fd24-9″ taxonomies=”7145″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
8 Jun 2017 | Azerbaijan, Digital Freedom, Europe and Central Asia, France, Mapping Media Freedom, News, Russia, Spain
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Over the last seven days, violence, intimidation, harassment and assault have been used to stop journalists from doing their job in the countries covered by Index on Censorship’s project Mapping Media Freedom.
Project manager Hannah Machlin explained why incidents in Azerbaijan and Ukraine are particularly alarming. She called the Azerbaijani incident “the most serious violation to press freedom in the past few days and it shows the situation in the region continues to be disturbing”.
The violation, which took place in late May, was against exiled Azerbaijani journalist Afgan Mukhtarli, who was abducted and allegedly tortured before being taken across the border and put in pre-trial detention in Azerbaijan.
“This shows that Georgia can’t be considered a safe haven for opposition journalists and activists as well as reiterates the continued crackdown on press freedom in Azerbaijan,” Machlin said. The incident has been reported to the Council of Europe’s platform on the protection of journalism to enable that organisation to pursue discussions with the country’s representatives. Index on Censorship joined other press freedom organisations to request the Georgian government take action on the incident.
Machlin said the situation in Ukraine “indicates a complex issue in a war-torn area”. She said the “the report shows that there’s still renewed violent intimidation tactics perpetrated by the separatists against Ukrainian public broadcasters in Donbas”. She explains this is interesting because it shows that the separatists are targeting channels of free information set up by Kyiv and that Ukraine is even trying to install public broadcasters in the eastern region controlled by self-proclaimed authorities because the country “is trying to put a press presence back in there”.
29 May 2017 – Azerbaijani journalist Afgan Mukhtarli was on his way home but never made it.
Mukhtarli was reportedly kidnapped from his neighbourhood after being forced into a car with his hands tied together. He was also beaten with a broken nose and bruises all over his head and face.
He then was transported back to Azerbaijan without a passport.
Mukhtarli was charged for illegally crossing the border, smuggling and resisting law enforcement and was also accused of being in possession of 10,000 EUR during the police search at the border.
One day later on 30 May, he was sentenced to three months in pretrial detention.
Mukihtarli’s wife and child in still in Tbilsi where they fled after escaping Azerbaijan in 2015 when Mukhtarli was threatened over his investigative reporting on corruption in the Azerbaijan.
26 May 2017 – Do TeBe, a new TV channel, endured a smashing of their front door by two unidentified assailants.
Police came to the channel, located in Donetsk oblast and are now investigating the incident.
Do TeBe’s deputy director Ilya Suzdalyev said “We are in the front line region, even what looks like hooliganism must be thoroughly investigated and perpetrators should be punished. Especially when it is, in fact, an attack on the public broadcaster, which was just created in Ukraine.”
Do TeBe TV channel is a regional branch of the National Public Broadcasting Company of Ukraine.
31 May 2017 – Outside the parliament building where the 2017 presidential inauguration took place journalists were assaulted by supporters of the new president.
Lidija Valtner, a journalist for daily Danas, was filming and interviewing an anti-government protester when she was assaulted by a group of supporters. Not only did they shove her around and try to take her mobile phone, but they also assaulted the protester she was interviewing.
Another journalist on the scene was reporting for Radio Belgrade when she was pushed and her equipment thrown to the ground.
Journalists for Balkan Investigative Reporting Network (BIRN) and Vice Serbia were also harassed with violence from the crowd whilst they were taking photos of the clashes. The police asked for their IDs after they witnessed a few men ripping a protest banner.
The assailants are still on the loose.
31 May 2017 – An unknown person called the editor-in-chief of the local news website Kurier.Sreda.Berdsk and threatened her and the editorial staff. Galina Komornikova’s outlet is located in the Novosibirsk region in Berdsk.
On the call, the individual said that “the Syrian theme is not one for journalists”.
The call may have been in response to a story published by the outlet the day before about the secret funeral of a Berdsk resident and Russian military officer. Yevgeni Tretyakov, who was killed in Syria on 15 May, may have belonged to private Russian military troops as he was not an official Russian army contractor.
The outlet then commented on the article saying “An unknown individual called us and promised to ‘come and handle us on behalf of law enforcement agencies’ following the article.”
Para-military private troops are not a new concept. Both Russian and international civil investigative groups and media outlets have been reporting evidence for these groups in the Syrian conflict.
A comment was also left by user “The Animal” stating “Actually, data on military casualties is classified, therefore, I would not be surprised if special people came to visit you to shake a bit, you and your sources.”
29 May 2017 – After elimination while being interviewed, tennis player Maxime Hamou tried to kiss channel Eurosport journalist Maly Thomas several times.
It was at the Rolland Garros tournament where Hamou grabbed Thomas and tired kiss her on the neck and cheek.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Mapping Media Freedom
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/[/vc_column_text][/vc_column][/vc_row]
22 May 2017 | Azerbaijan, Azerbaijan Statements, Campaigns -- Featured, Digital Freedom, Europe and Central Asia, Statements
Ilgar Mammadov
Today three years have passed since the European Court of Human Rights (ECtHR) delivered its judgment on the case of political prisoner Ilgar Mammadov, concluding that the Azerbaijani authorities had detained him to punish him for his criticism of the government. In spite of this ruling, and repeated calls for his release by Council of Europe bodies in follow-up to the ruling, the Azerbaijani authorities have persistently refused to execute the decision of the Court and free Ilgar Mammadov. In view of this, we, members of the Civic Solidarity Platform and the Sports for Rights Coalition, call on the Committee of Ministers of the Council of Europe to refer the case back to the ECtHR on the grounds of non-execution of the judgment. This is crucial to ensure justice for this wrongly imprisoned government critic, who has already spent more than four years behind bars, as well as to safeguard the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region.
Ilgar Mammadov, chair of the political opposition REAL party, was a well-known opponent of the regime when he was arbitrarily detained in February 2013. He attempted to stand in the 2013 presidential elections, gathering the required 40 000 signatures in support of his candidacy, which the Central Election Commission ruled as invalid.[i] He was also outspoken in his criticism of the policies of the authorities on his blog and in the media. Ilgar Mammadov was detained after monitoring and reporting on street protests in the town of Ismayilli in January 2013, which resulted in clashes with the police. He did not participate in these protests, but travelled to the region after they took place to observe developments and revealed the role of individuals with ties to the authorities in initiating the clashes. In spite of the lack of evidence llgar Mammadov was accused of instigating the Ismayilli clashes and on 17 March 2014, he was sentenced to seven years in prison on trumped-up charges of “organizing mass riots” and using “violence against police officers”. His sentence was upheld on appeal.
In a judgment issued on 22 May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated numerous provisions of the European Convention on Human Rights, including Articles 5.1, 5.4 and 6.2 on the right to liberty and security, the right to judicial review of one’s detention and the principle of presumption of innocence, as well as article 18 that limits the applicability of restrictions on rights. The Court concluded that Ilgar Mammadov had been detained without any evidence to reasonably suspect him of having committed a crime and that the actual purpose of his detention was to silence and punish him for criticizing the government and publishing information it was trying to hide.[ii]
In its follow-up to the ECtHR’s ruling, the Committee of Ministers of the Council of Europe — the body responsible for supervising the execution of ECtHR judgements — has repeatedly called on the Azerbaijani authorities to release Ilgar Mammadov. The Committee has examined this case as a matter of priority in its review of the execution of ECtHR judgments by Council of Europe member states and adopted a number of decisions and interim resolutions on it.[iii]
Other Council of Europe bodies, including the organization’s Secretary General, its Human Rights Commissioner and the President of its Parliamentary Assembly have also repeatedly called for Ilgar Mammadov to be released. However, the Azerbaijani authorities have flagrantly ignored these calls and refused to implement the ECtHR’s judgment and release Mammadov.
In view of the continued failure of the Azerbaijani authorities to implement the ECtHR’s decision on Ilgar Mammadov’s case, the Council of Europe’s Secretary General Thorbjørn Jagland launched an official inquiry into Azerbaijan’s implementation of the European Convention on Human Rights in December 2015.[iv]Under Article 52 of the Convention, the Secretary General may initiate an inquiry into how the domestic law of member states ensures the effective implementation of the Convention. This was the first time that Secretary General Jagland had taken such a measure and his initiative was welcome and important.
However, in November 2016, Azerbaijan’s Supreme Court nevertheless rejected an appeal submitted by Ilgar Mammadov on the basis of the ECtHR ruling and upheld his seven-year prison sentence. Thus, Ilgar Mammadov remains behind bars for no other reason than speaking out critically about those in power. This continued defiance by the Azerbaijani authorities leads us to conclude that further action is urgently required.
Therefore, we call on the Committee of Ministers to refer the case back to the ECtHR under Article 46.1 of the European Convention on Human Rights, which obliges the parties to the Convention to abide by the final judgment of the Court in any case to which they are parties. The Convention authorizes the Committee to take action to this end. Article 46.4 states: “If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.”
Ilgar Mammadov v. Azerbaijan has become a test case of the legitimacy of the Council of Europe. When commenting on the Supreme Court’s failure to uphold Azerbaijan’s obligation to execute the ECtHR judgment last year, Secretary General Jagland stated: “Azerbaijan’s flagrant disrespect of the European Convention on Human Rights undermines the entire scope of our cooperation” [and] “affects the 46 Member States of the Council of Europe who have a collective responsibility for the implementation of the Convention”.[v]
By resorting to the ultimate mechanism for addressing non-compliance of judgments set out by the European Convention on Human Rights, the Committee of Ministers can take resolute action to safeguard the Council of Europe’s integrity and ensure that the Azerbaijani authorities finally abide by their obligations under the Convention, implement the ECtHR ruling and free Ilgar Mammadov.
Signed by the following members of the Civic Solidarity Platform and the Sport for Rights Coalition:
1. Association of Ukrainian Human Rights Monitors on Law Enforcement (UMDPL, Ukraine)
2. Barys Zvozskau Belarusian Human Rights House
3. Bir Duino-Kyrgyzstan
4. Bulgarian Helsinki Committee
5. Center for Civil Liberties (Ukraine)
6. Center for Participation and Development (Georgia)
7. Center for Regional Strategic Studies (Azerbaijan)
8. Center for the Development of Democracy and Human Rights (Russia)
9. Civil Rights Defenders (Sweden)
10. Committee Against Torture (Russia)
11. Crude Accountability (USA)
12. Fair Trials (UK)
13. International Federation for Human Rights (FIDH, France)
14. Freedom Files (Poland)
15. Freedom House (USA)
16. Freedom Now (USA)
17. Helsinki Foundation for Human Rights (Poland)
18. Human Rights Center of Azerbaijan
19. Human Rights Club (Azerbaijan)
20. Human Rights Monitoring Institute (Lithuania)
21. Humanrights.ch (Switzerland)
22. IDP Women Association “Consent” (Georgia)
23. Index on Censorship (UK)
24. Institute for Reporters Freedom and Safety (Azerbaijan)
25. Institute Respublica (Ukraine)
26. International Partnership for Human Rights (IPHR, Belgium)
27. Kazakhstan International Bureau for Human Rights and the Rule of Law
28. Kosova Rehabilitation Centre for Torture Victims
29. Libereco – Partnership for Human Rights (Germany)
30. Moscow Helsinki Group (Russia)
31. Netherlands Helsinki Committee
32. Norwegian Helsinki Committee
33. Notabene (Tajikistan)
34. PEN America (USA)
35. PEN International
36. Promo LEX Association (Moldova)
37. Public Alternative (Ukraine)
38. Public Association “Dignity” (Kazakhstan)
39. Public Verdict Foundation (Russia)
40. Swedish OSCE Network: signed in personal capacity by Olof Kleberg and Anki Wetterhall
41. Truth Hounds (Ukraine)
42. Ukrainian Helsinki Human Rights Union
43. Women of the Don (Russia)
44. World Organisation Against Torture (OMCT) (Switzerland)
[i] In several rulings against Azerbaijan, the ECtHR has found that the practices of the Central Election Commission with respect to the validation of signatures violate Article 3 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to free elections.
[ii] The judgment is available at: http://hudoc.echr.coe.int/eng?i=001-144124
[iii] The most recent decision on this case adopted by the Committee of Ministers is available at: https://rm.coe.int/16806c4554
[iv] See press release at: http://bit.ly/2q8CRNI
[v] His statement is available at: https://www.coe.int/en/web/portal/-/azerbaijan-statement-by-secretary-general-jagland-on-the-decision-of-the-supreme-court-today-rejecting-the-appeal-by-ilgar-mammadov
19 May 2017 | Digital Freedom, Europe and Central Asia, Mapping Media Freedom, News
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Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are five recent reports that give us cause for concern.
15 May 2017 – The editor-in-chief of Cumhuriyet’s website, Oğuz Güven, was arrested on charges of spreading propaganda on behalf of a terrorist organisation.
The journalist was detained on 12 May when a headline used in the online version of the newspaper about a prosecutor who died in a car crash upset government supporters.
Cumhuriyet reported that Güven was taken to the İstanbul Police Department located on Vatan Street after his detention.
Also read: Turkey: International coalition slams Cumhuriyet arrests and media closures
15 May 2017 – Ukrainian President Petro Poroshenko signed a National Security and Defence Council decree that bans a number of Russian media and social media sites, including VKontakte and Odnoklassniki, along with search engine Yandex and email service Mail.ru.
The sanctions also apply to antivirus providers Kaspersky Lab and DrWeb. Ukrainian internet service providers will be forced to block access to these sites for three years.
According to Radio Liberty, economic sanctions have also been imposed against major Russian television stations TV Center, RBC, RTR, NTV-Plus, Zvezda, TNT, REN and OTR.
Sanctions have also been imposed against 1,228 individuals how are both citizens of Ukraine, Russia and other countries. According to Detector media, the sanction list includes 13 foreign journalists who are now prohibited from entering the territory of Ukraine for one year.
The list includes five journalists who are citizens of European countries: Magdalena Tasheva (Bulgaria), Novorossia News, Agency blogger David Berezitskyy (Poland), NTV television reporter Maxim Byerozin (Germany), Novorossia News Agency journalist and blogger David Hudzhets (Poland), head of Unified Information and Analytical Center Eurasia inform Vladimir Bukarskyy (citizen of Moldova).
Also the sanction list includes seven: Russian citizens: news agency Ruptly journalist Daniel Anisimov, First Channel CEO of the international network Alexey Efimov, Red Star media holding president Alex Pimanov, Izvestia newspaper editor-in-chief Alexander Potapov, Expert magazine editor-in-chief Valery Fadeev, Rossiyskaya Gazeta newspaper editor-in-chief Vladislav Fronin, Vzhlyad.ru online news outlet editor-in-chief Alex Sharavskyy.
Ukrainian citizen Olena Berezovska, who lives in Moscow and manages the Internet news outlet Ukraina.ru created by RT, is also on the sanction list. The ban is a continuation of government policies to block the activities of Russian companies in Ukraine after the annexation of Crimea and Russia’s military support of separatist groups in the Donbass region.
15 May, 2017 – Investigative crime reporter Håkan Slagbrand was assaulted in his home by an unknown man in the early morning. The assailant, who wore overalls, claimed to be a painter and spoke in English.
“I think this could be connected to some of my work from a while back on financial crime,” Slagbrand said.
He sustained injuries to his face during the assault. By the time police arrived, the assailant had vanished. Slagbrand had previously had a firebomb thrown at his car.
13 May, 2017- Prominent journalist Arbana Xharra has been assaulted by unknown individuals in a parking lot close to her apartment in the capital Pristina.
Xharra was beaten severely and brought to the hospital where she’s in stable condition, according to the police.
A few days before the attack, Xharra had announced that she was resigning from her work in journalism and joining the largest political party in the country, the PDK. She was the editor-in-chief of Zeri, the biggest newspaper in Kosovo. She is well-known for her investigative reporting on corruption and religious extremism.
12 May, 2017 – Chechen interior minister Ruslan Alkhanov told Interfax that the ministry will sue Novaya Gazeta after police checks the newspaper’s allegations on the detainment of gay people in the republic.
Akhanov said the allegation by Novaya Gazeta that more than 160 men were detained, 50 of which were killed (Novaya Gazeta only reported on three killings), “does not have any grounds and is fictitious”. He said no complaints of harassment were submitted to the police and hotline.
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Mapping Media Freedom
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1495188040093-d2601eaf-7081-4″ taxonomies=”6564″][/vc_column][/vc_row]
