November is a month of historical anniversaries. Last Thursday was the annual commemoration of the foiling of the Gunpowder Plot and yesterday the UK fell silent to pay tribute to its war dead on Remembrance Sunday.
A much lesser-known date — at least to anyone outside Azerbaijan — is the country’s Flag Day, the celebration of the tricolour which was first adopted as the national flag on 9 November 1918.
The flag hoisted in the capital city of Baku was once confirmed by the Guinness Book of Records as being the tallest in the world. It flies on a pole 162 meters high and measures 70 by 35 meters. While the flag underwent a hiatus while Azerbaijan was part of the Soviet Union between 1920 and 1991, it is now a proud symbol of the country’s independence.
The tricolour consists of three horizontal stripes, each being deeply symbolic. The blue stripe stands for the Turkish origin of Azerbaijani people and the green stripe at the bottom expresses affiliation to Islam. Neither can be disputed. The red stripe in the middle, however, is problematic. It stands for progress, modernisation and democracy.
But Azerbaijan’s status as a modern democracy is less than convincing. Sure, the country has made some significant strides since the collapse of communism. It boasts a 98.8% literacy rate, and since the early 2000s spending on education has increased five-fold, for example.
However, there is an illusion of material progress in Azerbaijan. As Index on Censorship has been reporting, the country has experienced an unprecedented crackdown on human rights and freedoms.
Little over a week ago, Azerbaijan held a parliamentary election while an estimated 20 prisoners of conscience sat in prison. Azerbaijani journalist Khadija Ismayilova, who was sentenced to seven years and six months in jail in September for exposing state corruption, is one of them. The award-winning journalist was detained on 5 December 2014 and eventually convicted of libel, tax evasion and illegal business activity.
President Ilham Aliyev’s government has long claimed that “all freedoms are guaranteed in Azerbaijan“. Given his government’s lack tolerance for dissent, this clearly isn’t the case. Leyla Yunus, founder and director of the Institute for Peace and Democracy, and her husband, historian Arif Yunus — both outspoken critics of the government — have been detained since summer 2014 when they were arrested on charges of treason and fraud. On 13 August, the Baku Court on Grave Crimes sentenced Leyla to eight years and six months in prison and Arif to seven years in prison.
Democracy activist Rasul Jafarov, human rights lawyer Intigam Aliyev and journalist Seymur Hezi are also serving prison sentences on charges that were widely condemned for being politically motivated to silence outspoken critics of the government of President Aliyev.
The list of journalists and activists who have been arrested, abused, beaten and even killed goes on. In June 2015, on the eve of the inaugural European Games in Baku, activists from Amnesty International and Platform were banned from entering the country. Both organisations have been highly critical of Aliyev’s government, and its continuing targeting, jailing and prosecution dissenters. Even The Guardian was blocked from reporting on the games when its reporter was barred.
Flag Day is set against a backdrop of arrests and human rights abuses. If Azerbaijan is to earn its stripes, the authorities must uphold their human rights obligations, release all prisoners of conscience and allow for elections that meet basic democratic standards.
This article was posted on 9 November 2015 at indexoncensorship.org
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
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.
From top left: Arif Yunus, Rasul Jafarov, Leyla Yunus, Khadija Ismayilova, Intigam Aliyev and Anar Mammadli – some of the government critics jailed on trumped up charges in Azerbaijan
On the eve of the inaugural European Games, taking place in Baku, Azerbaijan, activists from Amnesty International and Platform have been banned from entering the country. Both organisations have been highly critical of President Ilham Aliyev’s government, and its continuing targeting, jailing and prosecution of activists and journalists. Amnesty was set to present its findings on the state of human rights in Azerbaijan at an event in the capital on 10 June.
Emma Hughes of London-based NGO Platform was travelling to Baku on Tuesday afternoon with a press accreditation. After landing she was taken off the plane by security for questioning, where she was told she was on a “red list”. Her passport was taken away and she was held overnight at the airport before being deported. CCTV images of Hughes in detention surfaced in Azerbaijani media on Tuesday.
Platform has been campaigning against British oil company BP’s involvement in the oil rich former Soviet state. Platform’s new book — All that Glitters — Sport, BP and Repression — written by Hughes, will be released on 12 June, the opening day of the games.
“I’m being detained on the orders of the BP-Aliyev regime. I may get deported, but over 100 political prisoners in Azerbaijan face years in jail until the oil-funded regime falls. Civil society has been stamped on hard in Baku. Journalists, lawyers, academics, writers and activists have all found themselves behind bars. And yet the Oil Games carry on regardless. The future of this country is imprisoned, yet BP still work hand in hand with this regime,” Hughes said from Baku airport before her deportation.
Amnesty was set to present findings from a research trip they undertook in March at the briefing Azerbaijan: the Repression Games, with four staff members preparing to travel to Baku on the morning of 10 June. Amnesty was informed on Tuesday 9 June, via the Azerbaijani embassy in London, that “Azerbaijan is not in a position to welcome the Amnesty mission to Baku at the present time”, and suggested to postpone the trip until after the games.
Naomi Westland, who works on issues around sports and human rights at Amnesty, was one of the staff members hoping to present in Baku. Speaking from Tiblisi, Georgia, she said everything from visas and plane tickets; to venues, speakers and guests for the briefing had been arranged before the last-minute government U-turn.
“Amnesty being barred proves all the criticism levelled at Azerbaijan has been absolutely right. There has been an intense crackdown on human rights ahead of the European Games. This proves the Azerbaijani authorities want to create a criticism free zone while the world’s media is in attendance. The games are a massive PR exercise to present Azerbaijan as a modern, dynamic, progressive state. Behind the scenes, the reverse is the case. Amnesty has become victims of the repression meted out in Azerbaijan,” Westland told Index.
The banning of Platform and Amnesty comes after a Human Rights Watch researcher, Giorgi Gogia, was denied entry and detained in March at Baku airport for 30 hours, before being deported.
The human rights situation in Azerbaijan has deteriorated in the months leading up to the games. Since last summer, the country’s most prominent critical voices — including investigative journalist Khadija Ismayilova, human rights activists Leyla and Arif Yunus, human rights lawyer Intigam Aliyev and pro-democracy campaigner Rasul Jafarov — have been jailed on charges widely dismissed as trumped up and politically motivated. Critics believe the government of President Ilham Aliyev is using the games as and international image laundering exercise.
Politicians, high-level Olympic officials and athletes have in recent weeks faced mounting pressure to use the games to take a stand on the crackdown. The campaigning group Sports for Rights — initiated by Jafarov before his arrest — has called on European leaders to make their attendance of the games conditioned on the release of political prisoners, while Lord Coe, chairman of the British Olympic Association, has been urged to use the games to show support for fundamental rights and freedoms in Azerbaijan. Council of Europe’s human rights commissioner Nils Muižnieks has encouraged games participants to user their platforms to speak out about human rights situation.
Mr Ilham Aliyev
President of the Republic of Azerbaijan
Azerbaijan Avenue 7
1005 Baku
Republic of Azerbaijan
Fax: +994124923543 and +994124920625
Email: [email protected]
Mr President,
We, the undersigned members and partners of the Human Rights House Network (HRHN) and the South Caucasus Network of Human Rights Defenders, are dismayed by the sentences upheld against human rights defender Rasul Jafarov and against human rights lawyer Intigam Aliyev, two prominent and internationally respected voices of the Azerbaijani civil society. We call upon the Azerbaijani authorities, through you, Mr President, to put an end to the unprecedented repression against civil society.
We call upon you to immediately and unconditionally release all human rights defenders, journalists and activists currently detained, including and especially human rights defenders Leyla and Arif Yunus, Rasul Jafarov, Intigam Aliyev and the journalist Khadija Ismayilova. Anar Mammadli must also be released, as his detention is solely due to his non-governmental organisation’s monitoring of elections in the Azerbaijan.
During the summer and fall of 2014 the main leaders of civil society were arrested. Many others decided to flee the country, rather than facing court hearings, of which the outcome is well known in advance. A few others have been forced into hiding.
On 22 April 2015, the Court for Grave Crimes in Baku sentenced Intigam Aliyev to 7 years and 6 months of detention on bogus charges of illegal business, misappropriation, tax evasion, abuse of office and forgery. Although Intigam Aliyev’s defence brought documentation to the court that all his grants were registered, as of the entry into force of such an obligation for NGOs in Azerbaijan, in violation of basic principles in regard to freedom of association as found by the Council of Europe’s Venice Commission. We denounce the sentencing of Intigam Aliyev and believe the charges brought against him are politically motivated, and a direct consequence of his human rights work .
Intigam Aliyev is one of the most widely-respected human rights lawyers in Azerbaijan and leader of the Legal Education Society, an organization that both promotes awareness of the law and provides legal support to individuals and organizations, The Legal Education Society is a member of the Human Rights House Azerbaijan. Intigam Aliyev is also a lawyer active regionally, including by his participation in the Human Rights House Network’s International Law in Advocacy Programme.
Intigam Aliyev has strived for the legal protection of victims of human rights violations for more than 15 years and has to date represented them in proceedings before the European Court of Human Rights in more than 200 cases (around 40 cases are currently awaiting decision). When he was detained, he was defending more than 140 people in the Court. By detaining Intigam Aliyev the Azerbaijani authorities also deprive their citizens the right to appeal and seek justice before the Court.
In detention, Intigam Aliyev’s health condition has deteriorated and remains inadequately addressed by detention authorities. His conditions prior to his pre-trial detention since 8 August 2014 have continuously gotten worse, giving a strong indication that in fact the medication he is receiving in detention only addresses his pain and not his illness. We believe Intigam Aliyev’s detention conditions might have irremediable consequences on his health.
In the backdrop of an unprecedented repression against civil society in Azerbaijan, charges were also brought against many other human rights defenders, journalists and activists in Azerbaijan, either sentenced or held on pre-trial detention, such as Leyla Yunus, and her husband, Arif Yunus, Anar Mammadli, Rauf Mirkadirov and Hilal Mammadov, Tofiq Yaqublu, Ilgar Mammadov, various NIDA activists, as well as investigative journalist Khadija Ismayilova. Charges are also brought against many human rights NGOs, such as the Institute for Reporters’ Freedom and Safety (IRFS) and human rights defenders either forced into hiding, such as IRFS’s leader Emin Huseynov, or have left the country.
On 16 April 2015, the human rights defender Rasul Jafarov was sentenced to 6.5 years imprisonment, also on similar charges as Intigam Aliyev. The court ignored that out of the many so-called “victims” who were interrogated by the court did in fact have no knowledge of any damage supposedly committed by Rasul Jafarov against them. We also denounce the sentencing of Rasul Jafarov and believe the charges brought against him are politically motivated, due to his human rights work.
Rasul Jafarov is a widely respected human rights defender and advocate on the issue of wrongful imprisonment in Azerbaijan. After forming the Human Rights Club in December 2010. He is the initiator of the human rights and democracy campaign “Sing for Democracy,” as well as “Art for Democracy” and later in preparation of the upcoming European Olympic Games to be held in Baku in June 2015, the campaign “Sport for Rights.”
We call upon the Azerbaijani authorities, through you, Mr President, to put an end to the unprecedented repression against civil society in your country. We specifically call upon you to immediately and unconditionally release all above mentioned civil society actors, and drop all charges
held against them.
Yours sincerely,
Human Rights House Azerbaijan:
• Human Rights Centre of Azerbaijan
• Due to the risk of retaliation against Azerbaijani human rights defenders, we decided not to indicate the names of other Azerbaijani NGOs who would be signing this letter.
Barys Zvozskau Belarusian Human Rights House in exile, Vilnius (on behalf of the following NGOs):
• Belarus Watch (ByWatch)
• Belarusian Association of Journalists
• Belarusian Helsinki Committee
• Belarusian PEN Centre
• City Public Association “Centar Supolnasc”
• Human Rights Centre “Viasna”
Human Rights House Belgrade (on behalf of the following NGOs):
• Lawyers Committee for Human Rights YUCOM
Education Human Rights House Chernihiv (on behalf of the following NGOs):
• Chernihiv Public Committee of Human Rights Protection
• Center of Humnistic Tehnologies “AHALAR”
• Center of Public Education “ALMENDA”
• Human Rights Center “Postup”
• Local Non-governmental Youth organizations М’АRТ
• Transcarpathian Public Center
• Ukrainian Helsinki Human Rights Union
Human Rights House Kyiv (on behalf of the following NGOs):
• Association of Ukrainian Human Rights Monitors on Law Enforcement
• Center for Civil Liberties
• Civil Service
• Human Rights Information Center
• Institute of Mass Information
• International Women’s Rights Center
• Kharkiv Human Rights Protection Group
• Social Action Center
• Ukrainian Helsinki Human Rights Union
• Ukrainian Legal Aid Foundation
Human Rights House Oslo (on behalf of the following NGOs):
• Human Rights House Foundation
• Norwegian Helsinki Committee
Human Rights House Tbilisi (on behalf of the following NGOs):
• Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
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 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
Helsinki Foundation for Human Rights (HFHR), Poland
Index on Censorship, United Kingdom
Public Association for Assistance to Free Economy, Azerbaijan
Resource Centre for Human Rights, Moldova
Copies to:
• Office of the Commissioner for Human Rights of the Council of Europe
• Private Office of the Secretary General of the Council of Europe
• Delegation of the Council of Europe in Azerbaijan
• United Nations Special Rapporteur on the situation of human rights defenders
• United Nations Special Rapporteur on the rights to freedom of association and peaceful assembly
• Office for Democratic Institutions and Human Rights of the Organisation for Security and
Cooperation in Europe (OSCE ODIHR)
• Cabinet of Commissioner Johannes Hahn for European Neighbourhood Policy and Enlargement
Negotiations
• Delegation of the European Union in Azerbaijan
• Subcommittee on Human Rights of the European Parliament
• Diplomatic community in Baku, Brussels, Geneva, New York 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 ceased all its activities following an order of the Ministry of Justice of the Republic of Azerbaijan on 10 March 2011.
