06 Aug 15 | Azerbaijan, Azerbaijan News, mobile
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Prosecutors in the case against Leyla Yunus and Arif Yunus have asked the court to sentence the couple to 11 and 9 years respectively, Radio Free Europe reported. It is the latest in a series of moves by the government of Azerbaijan to silence those who have been calling for more freedom and democracy in the country.
The couple face spurious charges of treason, fraud and forgery.
“The world must not turn a blind eye to the ongoing persecution of civil society activists and investigative journalists at the hands of President Ilham Aliyev’s government. The international community must pressure the government to end its attack on civil society and respect international human rights standards,” Melody Patry, senior advocacy officer at Index on Censorship said.
Azerbaijan: Silencing human rights
Ongoing coverage of the crackdown on civil society by the government of President Ilham Aliyev
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In her role as director of the Peace and Democracy Institute, Leyla Yunus sought to build bridges with Armenian human rights organisation in an attempt to defuse tensions between Azerbaijan and Armenia. Her husband Arif is a historian and researcher who focused on the Nagorno-Karabakh conflict with Armenia.
The Yunus’ trial began on 27 July 2015, nearly a year after they were taken into custody days apart from each other. The couple are set to return to court on 10 August. Today marks a year and a day since the arrest of Arif Yunus on 5 August 2014. Leyla Yunus was arrested on 30 July 2014.
Earlier this week, an appeals court confirmed the six year and three month sentence that was slapped on pro-democracy activist Rasul Jafarov in April 2015.
Investigative journalist Khadija Ismayilova, who exposed corruption associated with the family of Ilham Aliyev, faces a continuation of her trial on 7 Aug. Journalists and observers were barred from the last court session on 24 July. Ismayilova won the US National Press Club‘s highest award on 29 July.
This article was posted on 6 August 2015 at indexoncensorship.org
30 Jul 15 | Azerbaijan, Azerbaijan News, Azerbaijan Statements, Campaigns, mobile
Leyla Yunus was arrested on 30 July 2014. (Photo: Human Rights Watch)
A year after the Azerbaijani government launched an unprecedented crackdown on human rights, the situation in the country continues to deteriorate.
One year ago, on 30 July 2014, Azerbaijani human rights defender Leyla Yunus was arrested and charged with treason, fraud, forgery, tax evasion, and illegal entrepreneurship. Yunus, the Director of the Institute of Peace and Democracy, was a tireless rights advocate, likely targeted for her work on behalf of Azerbaijan’s many political prisoners, and her call for a boycott of the inaugural European Games, which took place in Baku in June 2015.
Yunus’s arrest marked the start of a period of unprecedented repression in Azerbaijan. The human rights situation in the country has now reached alarming lows as the authorities aggressively pursue the very individuals who worked to defend those already targeted for expressing critical opinions.
On 2 August 2014, human rights defender and founder of the Sport for Rights campaign Rasul Jafarov was arrested on charges of illegal entrepreneurship, tax evasion, and abuse of power. On 5 August 2014, Leyla Yunus’s husband Arif Yunus, a historian and activist in his own right, was arrested, followed by human rights lawyer Intigam Aliyev on 8 August 2014, on similar charges.
Also on 8 August 2014, authorities searched and closed the office of Azerbaijan’s leading press freedom organisation, the Institute for Reporters’ Freedom and Safety (IRFS), as part of a wider criminal investigation into a large group of NGOs working on issues related to democracy and human rights. IRFS Chairman Emin Huseynov sought refuge in the Swiss Embassy in Baku, where he remained for 10 months, fearing arrest. On 12 June, Huseynov flew out of Azerbaijan on the plane of Swiss Foreign Minister Didier Burkhalter, who attended the opening ceremony of the European Games in Baku.
For many years now, the Azerbaijani authorities have employed a range of tactics to silence critical voices, from physical attacks and torture to blackmail and imprisonment. In Huseynov’s case, however, they introduced an outrageous new tactic. In an unprecedented step, in violation of international and Azerbaijani law, the government stripped Huseynov of his Azerbaijani citizenship. He has become a stateless person, left with no choice but to apply for asylum in Switzerland.
Azerbaijan: Silencing human rights
Ongoing coverage of the crackdown on civil society by the government of President Ilham Aliyev
|
Many other human rights defenders and journalists have fled Azerbaijan out of fear for their safety. The Sport for Rights coalition fears that without widespread international condemnation, the same tactic could be applied to others, with the nationality of “unwelcome” activists renounced.
“The international community must keep its focus on Azerbaijan as the worst for the bravest, independent-minded individuals – both the ones remaining on the ground and those forced into exile – may be yet to come”, CPJ Europe and Central Asia Program Coordinator Nina Ognianova said. “The Azerbaijani regime is known for punishing its critics in the aftermath of the global mega events it has hosted, and the illegal, retaliatory renouncing of Emin Huseynov’s citizenship is an illustration of that. So is the harassment of the few remaining independent journalists in the country and the intimidation of the families of those pushed into exile”.
In a renewed assault against civil society, the Azerbaijani authorities have increasingly been targeting the family members of exiled activists. Ganimat Zahid, the editor-in-chief of Azadliq newspaper who has been in political exile since being forced to flee Azerbaijan in 2011, has seen the persecution of family members who remain in the country. His cousin and two nephews were arrested on charges varying from “refusing to comply with police instructions” to drug possession. Most recently, on 23 July, the authorities arrested the brother-in-law of Emin Milli – the Director of Meydan TV and a whistleblower in political exile – on similar drug charges. He faces up to 12 years in jail if convicted.
“This is a clear and worrying escalation of the Azerbaijani authorities’ crackdown on free expression”, said ARTICLE 19 Executive Director Thomas Hughes. “When those reporting the truth do not bend to intimidation, the authorities start detaining their family members and loved ones as a way to silence criticism entirely. This is a completely unacceptable attack on human rights in general, and specifically on free speech”.
Now, as international media attention has shifted from the country following the European Games, the broader human rights crackdown continues. The jailed Azerbaijani rights defenders are facing show trials marred by irregularity and due process violations, carried out by a judiciary that completely lacks independence. Although the charges against these rights defenders are spurious and politically motivated, they have no hope of fair and impartial trials.
On 15 July, a preparatory hearing was held in the case of Leyla and Arif Yunus, with the substantive portion starting on 27 July. After nearly a year of pre-trial detention, Leyla Yunus appeared ill and fatigued, and was kept in an isolated glass cage during the hearing. It was also the first time she has seen her husband Arif after many months of separation in different detention facilities.
On 21 July, the Baku Court of Appeals upheld the 22 April decision of the Court of Grave Crimes in the case of award-winning human rights lawyer Intigam Aliyev, leaving him in jail to finish his 7.5-year sentence. Aliyev was one of the few lawyers in Azerbaijan willing to take on human rights cases. He has filed hundreds of cases with the European Court of Human Rights, and had more than a dozen cases pending hearing at the time of his arrest.
“Intiqam Aliyev, the 2012 laureate of People in Need’s Homo Homini Award, is one of the bravest and most honest lawyers in the region, and has been punished solely for his human rights work. His continued imprisonment, following a sham trial, is a sad reminder that Azerbaijan’s justice system is broken and completely dependent on the political will of the government”, said Ivana Skalova, head of the East European Programme at the Prague-based NGO People in Need.
On 24 July, a preparatory hearing took place in the case of award-winning investigative journalist Khadija Ismayilova, jailed since December 2014 on charges of inciting someone to attempt suicide, with more serious charges later added of embezzlement, illegal entrepreneurship, tax evasion, and abuse of power. Ismayilova was one of the few journalists in Azerbaijan willing to cover risky topics such as corruption of the ruling elite.
“We condemn the ongoing imprisonment of Khadija, who has spent nearly eight months in detention as authorities attempt to suppress the most vibrant voices reporting from Azerbaijan”, said Karin Karlekar, director of Free Expression Programs at PEN American Center. “The charges against her are clearly fabricated, and we urge the government to respect the right to freedom of expression and allow her and other independent journalists to do their jobs freely”.
On 31 July, Rasul Jafarov will appeal the 16 April decision of the Court of Grave Crimes, sentencing him to 6.5 years in jail. He is also prohibited from holding any office for three years. During the first-instance trial, all of the prosecution’s witnesses testified in his favour, and the prosecution failed to prove his guilt. After the verdict, Jafarov reiterated that the charges against him were fabricated and politically motivated.
As Chairman of the Human Rights Club and founder of the Sing for Democracy, Art for Democracy, and Sport for Rights campaigns, Jafarov worked to defend the rights to freedom of expression, assembly and association. Just prior to his arrest in August 2014, he had published information on more than 100 cases of political prisoners in Azerbaijan.
As members of the Sport for Rights coalition, we urge the Azerbaijani authorities to cease this crackdown and take concrete steps to improve the human rights situation in the country. We reiterate our call for the immediate and unconditional release of Leyla and Arif Yunus, Rasul Jafarov, Intigam Aliyev, and Khadija Ismayilova, along with the other jailed journalists and human rights defenders. We further express deep concern at the severe deterioration in health of Leyla and Arif Yunus, who require urgent medical attention and should be immediately released on humanitarian, if not political grounds.
We also urge the international community to sustain attention to Azerbaijan in the coming months, as the few critical voices left in the country are at elevated risk in the aftermath of the European Games and in the run-up to the November parliamentary elections. Immediate and concrete action is needed to protect and support these individuals and to hold Azerbaijan accountable for its international human rights obligations.
Supporting organisations:
89up
ARTICLE 19
Committee to Protect Journalists
Index on Censorship
International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
International Media Support
Pen American Centre
People in Need
Platform
Solidarity with Belarus Information Office
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
15 Jul 15 | Azerbaijan, Azerbaijan News, Europe and Central Asia, mobile, News and features
It should have been a happy day for Leyla and Arif Yunus. On 15 July, the couple — together for 37 years — saw each other for the first time in 11 months. The circumstances of their reunion, however, put a damper on what would otherwise have been a joyous occasion: it took place inside a glass cage, in a cramped courtroom in Baku, Azerbaijan. The human rights activists are on trial, on charges widely recognised to be politically motivated.
Initially scheduled for 13 July, but pushed back for unknown reasons, the Yunus’s pre-trial hearing came almost a year after they were first detained within days of each other in July and August of 2014. Leyla, director of the Peace and Democracy Institute, and Arif, a historian and researcher, have since been accused of an array of crimes, ranging from tax evasion and illegal business activities, to treason.
In the courtroom some 30 places were allocated to members of the public, who were stripped of their phones at the start of proceedings. Representatives from the German and EU embassies, as well as local journalists and NGOs were in attendance, according to Kati Piri, a Dutch member of the European Parliament who travelled to Baku for the trial. She estimated that more than half of the the crowd that had shown up, including other embassy delegations, did not manage to get into the room.
Piri told Index on Censorship that she was there to show support and solidarity for the couple, and that the European Parliament and the international community had not forgotten them and will continue to exert pressure.
“Even though the spotlight is no longer on Baku for the games, it will continue to be on when it comes to human right abuses,” she said, referring to the inaugural European Games, hosted with much fanfare by the Azerbaijani capital just weeks ago.
Proceedings lasted some 2.5 hours, and according to reports from inside the court, both Leyla and Arif looked pale and thinner. Leyla’s struggles with diabetes and Hepatitis C in prison have been well documented, but during the hearing she expressed worry in particular about her husband. Piri said Arif looked “much less strong and vivid than Leyla”. Their daughter Dinara told media in June that both her parents’ health has deteriorated since their arrest.
The van transporting Leyla and Arif Yunus (Photo: Kati Piri)
An appeal to the judges to allow Leyla to serve house arrest instead of imprisonment, was denied — as was every other motion filed by the defence, including a call for the case to be dropped altogether and a request that the couple be allowed to sit with their attorneys instead of the in the glass cages.
But Piri said Leyla seemed mentally very strong: “Mentally, they haven’t been able to break her.” Leyla took the opportunity, during a break in proceedings, to address the people in attendance, and according to Contact.az, she refused to stay silent even when the judge ignored her request to speak. “You are depriving me of the right to speak… I know that it is a false trial, but you have to give me an opportunity to speak…” she reportedly said.
The arrest of the couple in July and August 2014, was the first move in a crackdown by the regime of President Ilham Aliyvev, which has seen some of Azerbaijan’s most celebrated critical and independent voices arrested and sentenced on spurious, and frequently suspiciously similar charges, often relating to white-collar crime. Over the past few months, pro-democracy campaigner Rasul Jafarov has been handed down a 6.5 year sentence, while human rights lawyer Intigam Aliyev and journalist Seymur Hezi have been jailed for 7.5 and five years respectively. Award-winning investigative reporter Khadija Ismayilova is due in court on 22 July.
Leyla and Arif Yunus’s next hearing is scheduled for 27 July. While Piri remains hopeful of a positive outcome for the couple, she is afraid “it will not depend on the judges, but on politicians what will happen in this case”.
This article was posted on 15 July 2015 at indexoncensorship.org
17 Apr 15 | Azerbaijan, mobile, News and features
(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.
