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Leyla Mustafayeva is an Azerbaijani journalist and the wife of investigative journalist Afgan Mukhtarli, who was kidnapped in Georgia in May 2017 and later imprisoned in Azerbaijan.
Mustafayeva left Georgia along with her daughter Nuray after being followed by the same individual who was following her husband before his abduction. Today she lives in Germany and continues to campaign for the release of her husband.
When Mukhtarli fled to Georgia, Azerbaijani authorities were shutting down NGO’s and independent media outlets. In Georgia, he continued to openly criticise the Azerbaijani regime as a journalist and arranged protests to demand the release of journalists and political prisoners.
Mukhtarli, who had investigated the State Oil Company of the Azerbaijan Republic, was stalked by employees and later kidnapped. The company has been repeatedly linked to corrupt activity and human rights violations. The oil and gas sector in Azerbaijan is also well known for its lack of transparency and is considered the greatest source of corruption in the country.
Mustafayeva has put her career on hold. Today, she dedicates herself to learning German, integrating into German society and campaigning for her husband’s release.
Index on Censorship: What were the official reasons for your husband being abducted from Georgia and extradition to Azerbaijan, and how does this compare with why he was actually taken
Leyla Mustafayev: In January 2015 we were in Qazax, Azerbaijan. If my memory doesn’t betray me, it was midday. Afgan decided to flee to Georgia after he received information from one of the sources in the Chief-Prosecutor’s Office in Azerbaijan. As soon as he received the leaked information from the General Prosecutor’s office he fled to Georgia.
In 2014 he had been interrogated once about the criminal case which had been launched against Radio Liberty. In December 2014 journalist Khadija Ismayilova was arrested. It was the continuation of a crackdown by the Azerbaijani authorities’ against NGOs and the independent media.
After settling in Georgia he started investigating Azerbaijani state money that they had been invested in Georgia. It was obvious that the president’s spouse Mehriban Aliyeva, and his daughters Leyla and Arzu Aliyeva, had invested enough into banking, tourism and the cargo sector in Tbilisi and Batumi. Along with their Azerbaijani business partners, the family-owned big hotels in Tbilisi and Batumi.
Afgan was also very critical of the government in his posts on social media. At that time Afgan was not the only one who had fled to Georgia. Before his arrival to Tbilisi, some activists and journalists had already moved there. He fled to Georgia so that he could avoid being arrested, continue his professional activity, and fight for the release of his colleagues who had been imprisoned.
Along with his friends, he organised protests in front of the Azerbaijani Embassy in Tbilisi and demanded the release of political prisoners, which included journalists.
The investigation was not the only reason he was kidnapped. Imagine one journalist organising a protest in front of the Azerbaijani embassy and demanding for the release of political prisoners while the president’s family is spending millions in European countries trying to build up their image. All of his activities were negatively impacting the reputation of the Azerbaijani government.
Index: What was Afgan working on when he was abducted?
Mustafayev: Afgan was working on similar topics that he had worked on before. He was visiting different places with regard to his investigation and was being stalked by plainly clothed people intensively. The State Oil Company of Azerbaijan (SOCAR) has a security section in Georgia. Afgan told me that the Security Committee of Azerbaijan had replaced their employees in the Georgian branch of SOCAR and that they had been told to stalk activists and journalists in Tbilisi, collect information about the places that they visited, and identify the people who they were meeting. One of the topics that Afgan was investigating was related to SOCAR.
Index: How have you been campaigning for the release of your husband, and what have been the major developments in that campaign?
Mustafayev: After Afgan was kidnapped I decided to stay in Georgia and campaign against both governments. Georgia is responsible for protecting the safety of all the people living within its borders. The Georgian Dream government not only failed to protect our safety but also collaborated with its authoritarian neighbour, the Azerbaijani government, so that it could silence the voice of one critical journalist.
Afgan’s kidnapping was the so-called “victory” of the authoritarian coalition in Georgia.
When I was living in Georgia, Afgan had not yet been convicted. I was hoping that our campaign with the civil society members and journalists would force the authorities to drop the charges against him in Azerbaijan, and reveal to the Georgian people and the world that the Georgian government was responsible for Afgan’s kidnapping.
Until that time, Georgia had been known as an island of democracy in South Caucasus. After Afgan was kidnapped in Tbilisi, it was obvious that it was no longer a place of democracy. When it comes to political interests, the Georgian government ignores fundamental freedoms and human rights.
Index: How has Azerbaijan responded to this campaign?
Mustafayev: Azerbaijani government officials kept repeating that Afgan had been detained while crossing the border illegally. Prior to and after his arrest, pro-Azerbaijani government websites were publishing articles that accused him of collaborating with an “anti-Azerbaijani network”. Elman Nasirov, one of the Azerbaijani MPs, said in an interview with Radio Liberty that Afgan had been taken to Azerbaijan as the result of a successful security services operation between Georgia and Azerbaijan.
During one of the court trials in Azerbaijan, Afgan had recognised the Azerbaijani border official that the Georgian kidnappers had delivered him to. Although Afgan was blindfolded after being kidnapped, he could remember the voice of senior border official Azar Shirinov, who had given a testimony in the court.
It has been two years since his kidnapping, and the criminal case that was launched in regard to his abduction in Georgia is still open. Within the last two years, Georgian law enforcement has erased all the facts that confirm his kidnapping from Georgia.
Georgia’s responsible government organisations failed to investigate the case. In this situation, the Georgian parliament needed to set up a special investigation group. However, they refused to do so. I believe that the Ministry of Internal Affairs, the Chief Prosecutor’s Office of Georgia, and the Georgian parliament are still protecting the senior Georgian government officials who were complicit in the adduction. I believe that this is the case because Afgan told me that his Georgian kidnappers were reporting to someone “on the top” about the steps that they had taken during the operation. CCTV in the Ministry of Internal Affairs was also not operating along the streets where the kidnappers abducted him. Law enforcement in both countries has mobilised their administrative power to bury this case. The police and security forces have entered private enterprises, obtained CCTV footage, and deleted all of the evidence. There was only one piece of footage that showed Afgan taking the mini-bus that takes a route to our home. The lawyer noticed one person in the footage who was following Afgan. Our lawyer asked the prosecutor’s office to clarify the identity of that person. The CD containing the video has not been opened since then.
Index: How did your husband’s abduction affect your own sense of security in Georgia and why did you leave the country?
Mustafayev: It was very stressful to live under surveillance. My daughter was asking each evening why her dad did not come home. She had heard about the kidnapping on the news and knew that something bad had happened to her father. She cried each morning when she got up, which she never did before. Once I realised that the person who had stalked Afgan the day before he was kidnapped was stalking me as well, I decided to leave Georgia. I recognised the person from footage on the Rustavi 2 TV channel. Although I had delivered photos and videos of the person who was stalking me and my daughter to the police and the Chief Prosecutor’s office, they did not investigate my complaints and failed to protect our safety. That is why I decided to leave Georgia.
Index: How has all of this affected your own work as a journalist?
Mustafayev: I started a new life in Germany. I have been integrating myself into society by learning the language and continuing my campaign for him. However, it has been extremely demanding. As a result, I have not been able to pursue my professional career like I had hoped after I graduated from journalism school in Tbilisi.
Index: How do you view the state of media freedom in Azerbaijan?
Mustafayev: The main critical and independent websites have been blocked in Azerbaijan. They are the websites of OCCRP, Radio Liberty, exile-based Meydan TV, Turan TV, the Azerbaijan hour TV programme, and the website of opposition newspaper Azadliq. There are around 70 political prisoners in Azerbaijan and five of them are journalists. There is no independent television in the country. The government has taken control of the mass media by blocking the main media platforms that criticised it. About 15 journalists have been involved in the criminal case that was launched against Meydan TV in 2015. In 2017 the president gifted 255 apartments to journalists to mark National Press Day on 22 July 22. During the last 14 years, three journalists have been murdered in Azerbaijan. Those who killed Elmar Huseynov and Rafig Tagi remain free. Azerbaijan has gone down three ranks and is now ranked 166th among 180 countries for media freedom, and is famous for the imprisonment and habitual intimidation of journalists.
Index: What are your hopes for Azerbaijan?
Mustafayev: The Azerbaijani government poses the biggest threat to media freedom in the country. It has already been 26 years since the ruling New Azerbaijan Party took power. They have established deep roots throughout these 26 years by ordering the authorities to “strengthen” their censorship of the media. The Chief Prosecutor’s Office lifted the travel ban that it imposed on journalists in 2015. Sevinj Vagifqizi, the journalist collaborating with the exile-based Meydan TV, was one of them. Shortly after the travel ban was lifted, she was sued for filming election fraud. The presidential elections were held in April 2018. The timing of the case soon after the travel ban was lifted led us to question the true motivation behind the lawsuit. All of this leaves very little space for hope. It shows that Azerbaijani authorities have no intention of pursuing fundamental reforms, and will always silence criticism from the media by any means they deem necessary. [/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:1562165207475-534f6dfb-857d-2″ taxonomies=”7145″][/vc_column][/vc_row]
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Azerbaijani journalist Afgan Mukhtarli, who had investigated government corruption, fled the country in fear in 2014 and travelled to Georgia. On 29 May 2017 Mukhtarli vanished while in Tbilisi and reappeared the following day back in Azerbaijan. He was charged with illegally crossing a state border, smuggling and resisting a representative of the government using violence.
“Afgan Mukhtarli’s case is a shocking example of how journalists are treated in Azerbaijan,” Joy Hyvarinen, head of advocacy at Index on Censorship, said. “The European Parliament has urged the European Union to ensure that Azerbaijan frees its political prisoners before negotiations on a new partnership deal between the EU and Azerbaijan are concluded and specifically mentioned Afgan Mukhtarli. It is very important that the EU takes a strong line on this in the talks.”
The European Parliament passed a resolution on 15 June 2017 condemning Mukhtarli’s abduction, urging Georgian authorities to investigate and expressing concern at Azerbaijan targeting critics living in exile. Additionally, the Parliamentary Assembly of the Council of Europe general rapporteur on media freedom and the safety of journalists expressed concern on 20 June 2017.
After more than a year in detention, Mukhtarli was sentenced on 12 January 2018 to six years in prison. This ruling was upheld on appeal on 18 September 2018. Mukhtarli told his lawyer that unidentified men wearing Georgian criminal police uniforms were present when he was pushed into a car, beaten and driven to the Azerbaijani border. The sum of €10,000 was planted on Mukhtarli when he was apprehended. Georgian authorities launched an investigation but have not made progress and refuse to recognise Mukhtarli as a victim of a crime.
Mukhtarli’s sentence and treatment while in detention have been condemned by the US Department of State, Amnesty International, OSCE media freedom representative Desir and the European External Action Service, who call for his release.
At the time of his abduction, Mukhtarli had been investigating business links between Azerbaijani president Ilham Aliyev and former Georgian prime minister Bidzina Ivanishvili. He accused the Georgian authorities of being complicit, stating that “without the permission of the prime minister, they would not have been able to get me across the border”.[/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:1548087608735-4abd0122-06f9-7″ taxonomies=”7145″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]Index on Censorship welcomes a European Parliament recommendation for the EU to ensure that Azerbaijan frees its political prisoners before the negotiations on a new deal between the EU and Azerbaijan are concluded. The recommendation mentions the jailed investigative journalist Afgan Mukhtarli as being among the “most emblematic cases”.
The talks on the new agreement that will govern relations between the EU and Azerbaijan were launched in 2017 and could be concluded in 2019. Azerbaijan has an extremely poor track record on human rights, as highlighted in a 2017 analysis by the European Parliament.
The European Parliament’s current recommendation calls on the EU to ensure that the deepening of relations with Azerbaijan is made conditional on upholding and respecting democracy, the rule of law, good governance, human rights and fundamental freedoms. It calls on the EU to underline the importance of a free and independent media and to ensure strengthened EU support, both political and financial, for a free and pluralistic press in Azerbaijan.
Joy Hyvarinen, head of advocacy at Index on Censorship, said: “We urge the EU to take a strong stand on media freedom and human rights in its talks on a new agreement with Azerbaijan. This is an opportunity for the EU to demonstrate global leadership and to promote fundamental European values. Freeing political prisoners such as investigative journalist Afgan Mukhtarli should be a priority.”[/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:1531833660337-cb577e58-d3f0-4″ taxonomies=”7145″][/vc_column][/vc_row]
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Media outlets in Azerbaijan routinely deal with torture, assault, raids, imprisonment and endless intimidation, as verified reports submitted to Index on Censorship’s Mapping Media Freedom project show.
“The years-long crackdown on the independent press by the regime of Ilham Aliyev has accelerated in recent months. This is clearly one of the world’s worst environments for press freedom and, consequently, for the public’s right to information,” Hannah Machlin, project manager for Mapping Media Freedom, said.
International media freedom rankings confirm the country’s stagnating record where autocratic repression is consistent, if not the functioning political system itself. Although authorities continue to claim that the majority of the country’s 147 political prisoners are criminals, religious radicals and tax evaders, the international community of rights watchdogs view it differently. A new wave of attacks against media freedom advocates, journalists and activists within the past two months alone illustrate a place where the primacy of Ilham Aliyev, Azerbaijan’s president, and his word overrides the primacy of the words of others, particularly his critics.
One such critic, Afgan Mukhtarli, an investigative journalist, disappeared on 29 May while on his way to his home in Tbilisi. Mukhtarli reappeared the next day across the border in Azerbaijan and was accused of illegal border crossing, smuggling (police allegedly found €12,000 on him) and resisting police. He was immediately sentenced to three months in pre-trial detention.
Speaking to Mapping Media Freedom, Mukhtarli’s wife Leyla Mustafayeva said she was relieved when she heard news of his arrest because after reporting her husband missing the day before, she had assumed he was dead. However, that is the only relief Mustafayeva has had since her husband’s kidnapping:
“I have no hope for the investigations. They have been stalled. They don’t want to investigate. Police allegedly cannot find any footage. The only video that was made available to our lawyer was shown two weeks after Mukhtarli’s disappearance and it’s just of my husband getting on the bus that usually takes him home.”
Mukhtarli’s case is unique in that his is the first cross-border operation alleged to be carried out in tandem with the Georgian government. While this has yet to be confirmed by officials in Georgia, Azerbaijani lawmaker and a member of the Parliament Human Rights Committee Elman Nasirov claimed Mukhtarli’s kidnapping was “the most successful operation carried out in recent years.” Nasirov also accused Mukhtarli of being a member of a far larger anti-Azerbaijan network.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_separator color=”black” align=”align_left”][vc_row_inner][vc_column_inner width=”1/2″][vc_custom_heading text=”Mapping Media Freedom: Azerbaijan” font_container=”tag:p|font_size:24|text_align:left” use_theme_fonts=”yes” link=”url:https%3A%2F%2Fmappingmediafreedom.org%2Fplus%2F%3Fs%3DAzerbaijan|||”][vc_column_text]Index on Censorship monitors press freedom in Azerbaijan and 41 other European area countries.
As of 14/07/2017, there were 60 verified reports of violations connected to Azerbaijan in the Mapping Media Freedom database.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][vc_single_image image=”94222″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://mappingmediafreedom.org/#/”][/vc_column_inner][/vc_row_inner][vc_separator color=”black” align=”align_left”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]“Muktharli was assigned to carry out subversive activities in Azerbaijan,” Nasirov asserted, claiming that as a preventive mechanism, Azerbaijani special forces made necessary arrangements with Georgian special forces. “The are principles and rules for this. Based on security principles, this how it was made possible to bring Mukhtarli to Azerbaijan,” said Nasirov in an interview with Azadlig Radio, the Azerbaijani service for Radio Free Europe Radio Liberty.
Police have questioned political activists, members of opposition parties, and journalists as part of the investigation. Sevinc Vagifqizi, a freelance reporter, was detained while waiting for news outside the state border services where Mukhtarli was being held. Speaking to journalists after her brief detention, Vagifqizi said that police allegedly thought she was going to disturb peace outside the building. Other journalists who have been questioned in the case of Mukhtarli are investigative journalist Khadija Ismayilova, who is facing a travel ban despite her release from jail, and, more recently, Aytac Ahmadova.
The circumstances of Mukhtalri’s arrest were notably suspicious. Outside of his abduction, Mukhtarli’s lawyer was also quick to report on the injuries Mukhtarli suffered, including a broken nose, multiple bruises and possibly a broken rib. Mukhtarli is not the only journalist who appears to have been subjected to alleged police brutality. Nijat Amiraslanov, a member of the NIDA civic movement and an independent journalist based in Gazakh, reportedly lost his front teeth while serving his 30-day administrative detention. In his statement, however, Amiraslanov said his teeth fell out on their own, and that there was no ill-treatment during his detention. After Amiraslanov’s teeth fell out, the journalist refused an appeal filed by his lawyer. Amiraslanov was released on 21 June after completing the detention period.
In another show of force, police raided the office of independent online television channel Kanal 13 on 3 June, confiscating computers and other documents. Police had already detained the channel’s manager Aziz Orucov (Garashoglu) earlier in May. Orucov was sentenced to 30 days of administrative detention on the grounds of allegedly resisting police. Additional charges of illegal entrepreneurship and abuse of power were brought against Orucov on the day of his release. He was sentenced to four months in pre-trial detention.
While these men await trial, another journalist and editor-in-chief of the news website Journalistic Research Center (jam.az) Fikrat Faramazoglu was sentenced to seven years in jail on 14 June. Faramazoglu was found guilty on charges of extortion. In his defence statement, the journalist said it was his reporting on a chain of brothels that were protected by the law-enforcement agencies that incited his arrest. Faramazoglu was also banned from working as a journalist for two years following the completion of his prison term.
A classic case of revolving door policy
Rather than continue to release its political prisoners, the Azerbaijani government continues to arrest more reporters and further tightens controls on the media sector.
“There are some ten journalists and bloggers currently in prison [in Azerbaijan]. Based on these new arrests, Azerbaijan is trying to return to the list of countries where journalists critical of the government end up in jail on bogus charges,” said Muzaffar Suleymanov from the Civil Rights Defenders, a Stockholm-based rights watchdog in an interview with Mapping Media Freedom. Furthermore, a recent decision by a Baku court to block access to independent and opposition news websites broadcasting from abroad is a matter of more concern, added Suleymanov.
Levan Asatiani from Amnesty International echoed these sentiments adding that, as an international community of watchdogs, they have not seen any improvements, only a further deterioration in the human rights situation in Azerbaijan.
“While there have been releases, there have been new arrests or travel bans introduced against former prisoners of conscience,” Asatiani said. There are also legal boundaries in place that prevent the work of remaining independent civil society organisations in Azerbaijan.
It is no longer enough to make statements and express concern says Suleymanov. The Council of Europe should hold its members responsible for violating human rights while the EU must set benchmarks in accordance with the human rights situation as it negotiates a new agreement with Azerbaijan, noted Asatiani.[/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:1500022088088-43842239-2fe8-0″ taxonomies=”7145″][/vc_column][/vc_row]