Letter: Wave of repression in Azerbaijan

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

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

13 August 2014

Re: Wave of repression in Azerbaijan

Dear Secretary General,

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

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

For correspondence:

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

 

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

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

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

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

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

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

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

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

A club of censors at the United Nations

shutterstock_argentina_57763846

In a discretion well known to diplomatic circles, the United Nations so-called Committee on NGOs is meeting in New York this week. It is to select which NGOs fit the institution. The 19-member body’s aim could be to ensure a high-level and quality participation of independent NGOs to the United Nations – it is instead the 21st century censorship bureau.

Any governmental institution has to establish mechanisms by which participation of external organisations and lobbyists is regulated. The role of the Committee on NGOs of the United Nations is to look into applications of NGOs from all around the world. It is supposed to assess, case by case, whether the applicant NGO respects the Charter of the United Nations and abides by basic principles such as non-violence and democracy.

We know how much civil society has contributed to the development of the United Nations as such, and has been a force in pushing States to adopt a set of internationally binding standards to protect human rights and so many other issues. Access to the international bodies allowed NGOs to have a direct and formal input into the discussions. Unlike lobbyists at parliaments, representatives of NGOs can officially participate in the debates at the United Nations Human Rights Council. No need to be invited by an official or find strategies to get in contact with decision-makers. The access guaranteed to independent civil society, representing values and principles, not financial interests, is at the very core of the United Nations and a consequence of the organisation recognising it would be nothing if it had to count only on States to build itself and its standards up.

Some of those States are indeed the ones most willing to silence critical NGOs.

Throughout the globe, NGOs are fighting more and more for their own space in society, for their ability to work and defend victims of human rights violations. The work used to be all about those who loose their lives working as slaves, those who end up behind bars because of their beliefs, their engagement or their sexuality, those who loose their houses because from a day to another a ruler wants the land or a country believes it has the absolute right over it. Human rights defenders used to give body and soul to those people, and to so many others. Now, we need to include that we need to challenge governments shrinking the ability of those fighting for rights – human rights defenders need more and more to fight for themselves and their own space.

The United Nations should be an arena of dialogue aspiring to protect victims and promote peace. To do so, various voices are needed at the table. However, those who shrink space for civil society at home certainly do not want to see them at the table in New York or Geneva, or at any other international forum for that matter.

Along with inter alia Cuba, Pakistan and Venezuela, China and Russia are long-standing members of the Committee of NGOs. Both can proudly wear a label of censorship. Following President Vladimir Putin’s third election in March 2012, the country is undergoing a wave a repression and has adopted some of the most draconian laws against independent civil society. Dissenting with the Chinese regime is at the cost of one’s life, safety and integrity. The same behaviour is being observed by China and Russia at the Committee on NGOs – the institution is its tool to repress those the countries’ leadership do not agree with. And the consequences are grave. As world powers and permanent members of the Security Council, the two countries are already immune to critics within the UN on their rights record. The repression against political activists, human rights defenders and their NGOs, should have brought both countries to the centre of debates at the Human Rights Council and the General Assembly. It did not because they effectively prevents critics from getting into the room. Other States are now following the same strategy; one cannot believe that Azerbaijan, which will become a member of the Committee in 2015, shows a genuine interest in NGO participation in the international debate when it jails those who want to monitor the public life in Azerbaijan, such as the leader of the country’s only independent election monitoring group Anar Mammadli.

Member States of the Eastern European Group in the United Nations (the geographical groups are one of the legacies of the post world war era) should have run against Azerbaijan and Russia. Many of those Eastern Europe States are within the European Union. The Union was a step behind others by omitting to see that its willingness to promote rights and democracy in its direct neighbourhood will be affected by leaving a censorship tool in the hands of people who enjoy it.

Western countries have on their side left Turkey run unopposed for the Committee. The country has singled itself out recently, from all members of the Western European and Others Group, in blocking access to social media, especially Twitter. The single fact that a leader believes the power held in his hands allows him to block freedom of expression on the media of one’s choice should imply that that leader’s government is not to participate in the selection of civil society organisations participating in shaping the international arena.

Within the protected compound of the United Nations in Manhattan, the Committee on NGOs is this week looking into accepting those NGOs nobody will oppose, whilst blocking those NGOs publicly and forcefully engaging for human rights, including rights of people belonging to minorities or espousing minority beliefs. States should stand up for the space for critical NGOs. They might have the numbers and if they do not they are on the honourable side trying to support those NGOs that deserve to be at the United Nations. There is no shame in losing against censors – there is one in not trying to oppose them.

This article was posted on May 30, 2014 at indexoncensorship.org

 

Letter: Persecution of human rights defender Leyla Yunus

Minister Usubov Ramil Idris oglu
Minister of Internal Affairs of the Republic of Azerbaijan
Azerbaijan Avenue 7
1005 Baku
Republic of Azerbaijan
Email: [email protected]

Prosecutor General Zakir Bakir oglu Garalov
Nigar Rafibayli street 7
1001 Baku
Republic of Azerbaijan
Email: [email protected]

Mr Minister, Mr Prosecutor General,

We, the undersigned members and partners of the Human Rights House Network (HRHN) and the South Caucasus Network of Human Rights Defenders, express our deep concern over the persecution and hindrance of free movement of human rights defender Leyla Yunus and her husband Arif Yunus. We call upon you to put an end to the attacks, detention and harassment of human rights defenders and to take steps in order to foster a safe environment for human rights defenders, in line with Azerbaijan’s international obligations and commitments, including as a member of the Council of Europe.

On 28 April 2014 Leyla Yunus and her husband, the historian Arif Yunus, were prevented from leaving the country at Baku’s airport. She then was detained and interrogated by the police regarding the case of the arrested journalist Rauf Mirkadirov and questioned about the relation between the journalist and the Institute for Peace and Democracy.  She was released only in the after-noon on 29 April 2014. Searches were conducted in the office of the Institute for Peace and Democracy, and continued in the private home of Leyla Yunus until the night of 29 April 2014. According to Leila Yunus, she was humiliated during the search by the officers. The official grounds on which Leyla Yunus and Arif Yunus were prevented from leaving the country and detained are unclear, as well as the grounds on which the searches are being carried out.

Leader of the Institute for Peace and Democracy, Leyla Yunus is a well-known Azerbaijani human rights defender. Her NGO is a member of the South Caucasus Network of Human Rights Defenders and has from the very start in 1995 worked on the issue to release political prisoners and to establish rule of law in Azerbaijan. Leyla Yunus has within several projects worked to establish dialogue between civil society actors in the South Caucasus. She is a Chevalier of the National Order of the Legion of Honour, as a tribute for her longstanding work promoting human rights.

We are worried that the persecution is related to her outspoken criticism in the past few days against the detention of Rauf Mirgadirov, the investigative journalist of the leading Russian-language newspaper Zerkalo (Mirror), who is now facing charges of treason for his efforts in the peace building process of the Nagorno-Karabakh conflict. Rauf Mirkadirov participated in the numerous joint projects between the Institute for Peace and Democracy and Armenian NGOs.

Under Azerbaijan’s commitments within the Organisation for Security and Cooperation’s Misnk Group, we strongly believe that public diplomacy and cooperation between civil society in the South Caucasus contributes to efforts aiming at finding a peaceful solution to the Nagorno-Karabakh conflict.

As the Commissioner for Human Rights of the Council of Europe Nils Muižnieks stated on his Facebook page, “this is an additional example showing the extent of intimidation and repression of critical voices in Azerbaijan, a problem which I have repeatedly highlighted […] and asked the Azerbaijani authorities to address.”[1]Azerbaijan should indeed guarantee the right to freedom of expression of all human rights defenders and critical voices, in line with its obligations as a member of the Council of Europe.

Furthermore, authorities should prevent the use of unreliable evidence and unwarranted investigations against human rights defenders, as laid out in the United Nations Human Rights Council resolution 22/6 of 21 March 2013.

We are extremely worried to see that human rights defenders, including journalists and bloggers, are persecuted, attacked and detained due to their work. In addition to Leyla Yunus, the Chairperson of the Election Monitoring and Democracy Studies Centre (EMDS) Anar Mammadli, the Executive Director of EMDS Bashir Suleymanli and Elnur Mammadov, president of the Volunteers of International Cooperation, are facing court trials[2].

Ahead of the Chairmanship of the Council of Europe by the Republic of Azerbaijan, we call upon you to put an end to the crackdown of the civil society and to take steps in order to foster a safe environment for human rights defenders.

We further call upon you to report to the Council of Europe on your plans to investigate the acts of the State agents, which prevented Leyla Yunus and Arif Yunus from leaving the country and later detained them and to end all persecutions against them and other human rights defenders.

Sincerely,

Human Rights House Azerbaijan (on behalf of the following NGOs):

  • Azerbaijan Lawyers Association
  • Institute for Reporters’ Safety and Freedom
  • Legal Education Society
  • Media Rights Institute
  • Women Association for Rational Development

Belarusian Human Rights House in exile, Vilnius (on behalf of the following NGOs):

  • Belarusian PEN Centre
  • Belarus Watch
  • City Public Association “Centar Supolnaść”
  • Human Rights Centre “Viasna”

Human Rights House Belgrade (on behalf of the following NGOs):

  • Belgrade Centre for Human Rights
  • Lawyers Committee for Human Rights YUCOM
  • Civic Initiatives
  • Helsinki Committee for Human Rights in Serbia
  • Policy Centre

Human Rights House Kiev (on behalf of the following NGOs):

  • Association of Ukrainian Human Rights Monitors on Law-Enforcement
  • Human Rights Information Centre
  • Center for Civil Liberties
  • Kharkiv Human Rights Protection Group

Free Word Centre London (on behalf of the following NGOs):

  • Index on Censorship
  • Vivarta

Human Rights House Sarajevo (on behalf of the following NGOs):

  • Helsinki Committee for human Rights in Bosnia and Herzegovina

Human Rights House Tbilisi (on behalf of the following NGOs):

  • Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims – GCRT
  • Caucasian Center for Human Rights and Conflict Studies
  • Human Rights Centre
  • Union Sapari
  • Article 42 of the Constitution
  • Media Institute

Human Rights House Oslo (on behalf of the following NGOs):

  • Health and Human Rights Info
  • Human Rights House Foundation
  • FIAN Norway

Human Rights House Voronezh (on behalf of the following NGOs):

  • Charitable Foundation
  • Civic Initiatives Development Centre
  • Confederation of Free Labor
  • For Ecological and Social Justice
  • Free University
  • Golos
  • Interregional Trade Union of Literary Men
  • Lawyers for labor rights
  • Memorial
  • Ms. Olga Gnezdilova
  • Soldiers Mothers of Russia
  • Voronezh Journalist Club
  • Voronezh-Chernozemie
  • Youth Human Rights Movement

Human Rights House Yerevan (on behalf of the following NGOs):

  • Armenian Helsinki Association
  • Helsinki Citizens’ Assembly-Vanadzor
  • Journalists’ Club “Asparez”
  • Democracy Today

Human Rights House Zagreb (on behalf of the following NGOs):

  • APEO/UPIM Association for Promotion of Equal Opportunities for People with Disabilities
  • B.a.B.e.
  • CMS – Centre for Peace Studies
  • Documenta – Centre for Dealing with the Past
  • GOLJP – Civic Committee for Human Rights
  • Svitanje  – Association for Protection and Promotion of Mental Health

Rafto Foundation, Norway

Helsinki Foundation for Human Rights, Poland

Public Union of Democracy Human Rights Resource Centre, Azerbaijan

Legal Protection and Awareness Society, Azerbaijan

Copies have been sent to:

  • Ministry of Justice of the Republic of Azerbaijan
  • Presidency of the French Republic
  • Ministry of Foreign Affairs of the French Republic
  • Office of the Commissioner for Human Rights of the Council of Europe
  • Private Office of the Secretary General of the Council of Europe
  • Chairman of the Committee of Ministers of the Council of Europe
  • Delegation of the Council of Europe in Azerbaijan
  • UN Special Rapporteur on human rights defenders
  • Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe (OSCE ODIHR)
  • Delegation of the European Union in Azerbaijan
  • Subcommittee on Human Rights of the European Parliament
  • Diplomatic community in Baku, Brussels, Geneva and Strasbourg
  • Various ministries of foreign affairs and parliamentary committees on foreign affairs

About the Human Rights House Network (www.humanrightshouse.org)

The Human Rights House Network (HRHN) unites 90 human rights NGOs joining forces in 18 independent Human Rights Houses in 13 countries in Western Balkans, Eastern Europe and South Caucasus, East and Horn of Africa, and Western Europe. HRHN’s aim is to protect, empower and support human rights organisations locally and unite them in an international network of Human Rights Houses.

The Human Rights House Azerbaijan is one of the members of HRHN and served as an independent meeting place, a resource centre, and a coordinator for human rights organisations in Azerbaijan. In 2010, 6’000 human rights defenders, youth activists, independent journalists, and lawyers, used the facilities of the Human Rights House Azerbaijan, which has become a focal point for promotion and protection of human rights in Azerbaijan. The Human Rights House Azerbaijan has been closed after the Ministry of Justice of the Republic of Azerbaijan ordered all activities to be been ceased on 10 March 2011.

The Human Rights House Foundation (HRHF), based in Oslo (Norway) with an office in Geneva (Switzerland), is HRHN’s secretariat. HRHF is international partner of the South Caucasus Network of Human Rights Defenders and the Balkan Network of Human Rights Defenders.

HRHF has consultative status with the United Nations and HRHN has participatory status with the Council of Europe.

[1]Statement available at https://www.facebook.com/HumanRightsHouseNetwork/posts/10152035306640965.

[2]Further information on those cases available at http://humanrightshouse.org/Articles/20033.html.

European Union to further reduce the UN human rights budget

In a joint letter to Baroness Catherine Ashton, High Representative for Foreign Affairs & Security Policy and Vice-President of the European Commission, Index on Censorship has joined 66 human rights NGOs from European Union member States, States from the European Partnership and States in cooperation with the European Union stress that the intent to reduce OHCHR’s budget is a signal in the wrong direction. The programme budget for the biennium 2014-2015 for 2014-2015 already decreases the budget of OHCHR by a net 4.8%, whilst the promotion and protection of human rights represents only 3% of the overall UN budget.

Keeping in mind that within the overall UN budget, the share allocated to the promotion and protection of human rights represents approximately 3%, the intent to reduce OHCHR’s budget is a signal in the wrong direction. Soon the Human Rights Council will celebrate its 10 years of existence – we believe that all States and group of States aiming at promoting human rights should ambition to raise that share to at least 10% to celebrate the 10 years of existence of the Council, which will be made impossible if the European Union continues to pressure for more and more “across the board” cuts in the UN’s human rights budget.

20 years after the Office was established, does the European Union really want to a force contributing to undermining the sustainability of OHCHR, hence weakening the voice for human rights within the UN system?

Azerbaijan Human Rights House (on behalf of the following NGOs):

Association for Protection of Womens’ Rights
Azerbaijan Lawyers Association
Human Rights Center of Azerbaijan
Institute for Peace and Democracy
Legal Education Society
Women’s Association for Rational Development
Media Rights Institute
Public Union of Democracy and Human Rights Resource Centre
Society for Humanitarian Research
Barys Zvozskau Belarusian Human Rights House in exile, Vilnius

Human Rights House Belgrade (on behalf of the following NGOs):

Belgrade Centre for Human Rights
Lawyers’ Committee for Human Rights
Helsinki Committee for Human Rights in Serbia
Policy Center

Human Rights House Kiev (on behalf of the following NGOs):

Association of Ukrainian Human Rights Monitors on Law Enforcement (Association UMDPL)
Center for Civil Liberties
Human Rights Information Center
Human Rights House Tbilisi (on behalf of the following NGOs):

Article 42 of the Constitution
Caucasian Centre for Human Rights and Conflict Studies
Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
Human Rights Centre
Media Centre
Union Sapari – Family without Violence

Human Rights House Oslo (on behalf of the following NGOs):

Human Rights House Foundation (HRHF)
Health and Human Rights Info
Norwegian Helsinki Committee

Human Rights House Voronezh (on behalf of the following NGOs):

Charitable Foundation
Civic Initiatives Development Centre
Confederation of Free Labor
For Ecological and Social Justice
Free University
Golos
Interregional Trade Union of Literary Men
Lawyers for labor rights
Memorial
Ms. Olga Gnezdilova
Soldiers Mothers of Russia
Voronezh Journalist Club
Voronezh-Chernozemie
Youth Human Rights Movement

Human Rights House Yerevan (on behalf of the following NGOs):

Armenian Helsinki Association
Helsinki Citizens’ Assembly – Vanadzor
Jurists against Torture
Guaranteeing Equal Opportunities
Shahkhatun
Socioscope
Women’s Resource Center

Human Rights House Zagreb (on behalf of the following NGOs):

Association for Promotion of Equal Opportunities for People with Disabilities
B.a.B.e. – Be active, Be emancipated
Centre for Peace Studies
Documenta – Centre for Dealing with the Past
GOLJP – Civic Committee for Human Rights
Svitanje – Association for Protection and Promotion of Mental Health

Russian Research Centre for Human Rights (on behalf of the following NGOs):

Human Rights Network Group
Independent Psychiatric Association of Russia
Moscow Centre for Prison Reform
Moscow Helsinki Group
Mother’s Right Foundation
Non-violence International
Right of the Child
Right to Live and Have Civil Dignity
Social Partnership FoundationUnion of the Committees of Soldiers’ Mothers of Russia
Helsinki Foundation for Human Rights, Poland

Human Rights Club, Azerbaijan

Rafto Foundation, Norway

Human Rights House Foundation (HRHF)

Index on Censorship

SUPPORT INDEX'S WORK