30 Apr 2014 | About Index, Azerbaijan Letters, Campaigns, Statements
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.
11 Apr 2014 | Digital Freedom, News and features
(Illustration: Shutterstock)
State surveillance has been much publicised of late due to Snowden’s revelations, but allegations against the NSA and GCHQ are only one aspect of the international industry surrounding wholesale surveillance. Another growing concern is the emergence and growth of private sector surveillance firms selling intrusion software to governments and government agencies around the world.
Not restricted by territorial borders and globalised like every other tradable commodity, buyers and sellers pockmark the globe. Whether designed to support law enforcement or anti-terrorism programmes, intrusion software, enabling states to monitor, block, filter or collect online communication, is available for any government willing to spend the capital. Indeed, there is money to be made – according to Privacy International, the “UK market for cyber security is estimated to be worth approximately £2.8 billion.”
The table below, collated from a range of sources including Mother Jones, the Electronic Frontier Foundation, Bloomberg, Human Rights Watch, Citizen Lab, Privacy International and Huffington Post, shows the flow of intrusion software around the world.
| Surveillance Company |
Country of Origin |
Alleged Countries of Use |
| VASTech |
South Africa |
Libya (137) |
| Hacking Team |
Italy |
Azerbaijan (160), Egypt (159), Ethiopia (143), Kazakhstan (161), Malaysia (147), Nigeria (112), Oman (134), Saudi Arabia (164), Sudan (172), Turkey (154), Uzebekistan (166) |
| Elbit Systems |
Israel |
Israel (96) |
| Creative Software |
UK |
Iran (173) |
| Gamma TSE |
UK |
Indonesia (132) |
| Narus |
USA |
Egypt (159), Pakistan (158), Saudi Arabia (164) |
| Cisco |
USA |
China (175) |
| Cellusys Ltd |
Ireland |
Syria (177) |
| Adaptive Mobile Security Ltd |
Ireland |
Syria (177), Iran (173) |
| Blue Coat Systems |
USA |
Syria (177) |
| FinFisher GmbH |
Germany |
Egypt (159), Ethiopia (143) |
Note: The numbers alongside the alleged countries of use are the country’s ranking from 2014 Reporters without Borders World Press Freedom Index 2014.
While by no means complete, this list is indicative of three things. There is a clear divide, in terms of economic development, between the buyer and seller countries; many of the countries allegedly purchasing intrusion software are in the midst of, or emerging from, conflict or internal instability; and, with the exception of Israel, every buyer country ranks in the lower hundred of the latest World Press Freedom Index.
The alleged legitimacy of this software in terms of law enforcement ignores the potential to use these tools for strictly political ends. Human Rights Watch outlined in its recent report the case of Tadesse Kersmo, an Ethiopian dissident living in London. Due to his prominent position in opposition party, Ginbot 7 it was discovered that his personal computer had traces of FinFisher’s intrusion software, FinSpy, jeopardising the anonymity and safety of those in Ethiopia he has been communicating with. There is no official warrant out for his arrest and at the time of writing there is no known reason in terms of law enforcement or anti-terrorism legislation, outside of his prominence in an opposition party, for his surveillance. It is unclear whether this is part of an larger organised campaign against dissidents in both Ethiopia and the diaspora, but similar claims have been filed against the Ethiopian government on behalf of individuals in the US and Norway.
FinFisher GmbH states on its website that “they target individual suspects and can not be used for mass interception.” Without further interrogation into the end-use of its customers, there is nothing available to directly corroborate or question this statement. But to what extent are private firms responsible for the use of its software by its customers and how robustly can they monitor the end-use of its customers?
In the US Electronic Code of Federal Regulations, there is a piece of guidance entitled Know Your Customer. This outlines steps to be undertaken by firms to identify what the end-use of its products is. This is a proactive process, placing the responsibility firmly with the seller to clearly identify and act on abnormal circumstances, or ‘red flags’. The guidance clearly states that the seller has a “duty to check out the suspicious circumstances and inquire about the end-use, end-user, or ultimate country of destination.”
Hacking Team has sold software, most notably the Remote Control System (RCS) to a number of countries around the world (see above). Citizen Lab, based out of the University of Toronto, has identified 21 countries that have potentially used this software, including Egypt and Ethiopia. In its customer policy, Hacking Team outlines in detail the lengths it goes to verify the end-use and end-user of RCS. Mentioning the above guidelines, Hacking Team have put into practice an oversight process involving a board of external engineers and lawyers who can veto sales, research of human rights reports, as well as a process that can disable functionality if abuses come to light after the sale.
However, Hacking Team goes a long way to obscure the identity of countries using RCS. Labelled as untraceable, RCS has established a “Collection Infrastructure” that utilises a chain of proxies around the world that shields the user country from further scrutiny. The low levels of media freedom in the countries purportedly utilising RCS, the lack of transparency in terms of the oversight process including the make-up of the board and its research sources, as well as the reluctance of Hacking Team to identify the countries it has sold RCS to undermines the robustness of such due diligence. In the words of Citizen Lab: “we have encountered a number of cases where bait content and other material are suggestive of targeting for political advantage, rather than legitimate law enforcement operations.”
Many of the firms outline their adherence to the national laws of the country they sell software to when defending their practices. But without international guidelines and alongside the absence of domestic controls and legislation protecting the population against mass surveillance, intrusion software remains a useful, if expensive, tool for governments to realise and cement their control of the media and other fundamental freedoms.
Perhaps the best way of thinking of corporate responsibility in terms of intrusion software comes from Adds Jouejati of the Local Coordination Committees in Syria, “It’s like putting a gun in someone’s hand and saying ‘I can’t help the way the person uses it.’”
This article was posted on 11 April, 2014 at indexoncensorship.org
8 Apr 2014 | About Index, Campaigns, Press Releases
A NEW CHAMPION FOR FREE EXPRESSION
Index announces new CEO
Index on Censorship, the organization that advocates for freedom of expression and against censorship throughout the world, is delighted to announce the appointment of our new Chief Executive Officer, Jodie Ginsberg.
Jodie, who takes up her post next month (mid-May), comes from the think-tank, Demos. A former London Bureau Chief for Reuters, Jodie worked for more than a decade as a foreign correspondent and business journalist. She was previously Head of Communications for Camfed, a non-profit organisation working in girls’ education.
The Chair of Index, David Aaronovitch, said; “Index is an indispensible organization and I am really pleased to have someone of Jodie’s experience and talents coming to us. Index’s work defending freedom of expression on- and off-line is more important than ever in the face of growing censorship in many countries around the world from Turkey to Russia, from Azerbaijan to India to China. I am sure Jodie will build on the great work of her predecessor Kirsty Hughes and all the Index staff, and lead Index into new and important campaigns.”
Jodie Ginsberg said: “Defending freedom of expression is not an easy task but it is a vital one. If we want to live in a world where everyone is free to speak, write, publish or perform without fear of persecution then we need to champion those rights every day. I’m thrilled to be leading an organisation with such an amazing track record in defending free expression and can’t wait to start working with our incredible roster of supporters and contributors.”
Outgoing CEO, Kirsty Hughes, said: “I am delighted that Jodie will lead Index in its vital campaigning work around the world. I wish her all success in this vital and exciting challenge.”
Press enquiries to [email protected]
21 Mar 2014 | Awards, News and features
From upper left: Shahzad Ahmad, Rahim Haciyev, Shu Choudhary, Mayam Mahmoud. (Photos: Alex Brenner for Index on Censorship)
This year’s Freedom of Expression Awards 2014 were awarded to a diverse group of remarkable individuals and organisation from the young female Egyptian Rapper to a Pakistani internet campaigner, from an Indian digital pioneer to an Azerbaijani newspaper.
The Freedom of Expression Awards 2014 took place this evening at the Barbican Centre in London and saw 18 year old, Egyptian rapper, Mayam Mahmoud win the Arts Award; Pakistani internet freedom fighter, Shahzad Ahmad pick up the Advocacy Award; Shu Choudhary, the Indian journalist who has created an egalitarian news platform receive the Digital Activism Award; and the Azeri newspaper, Azadliq, win the Journalism Award.
The Freedom of Expression Awards recognise the bravest journalists, artists and activists from around the world. From Edward Snowden to FreeWeibo and David Cecil to Colectivo Chuhcan, their remarkable true stories remind us that the right to free expression must be defended at all costs. Index is proud to bring these voices to London and shine a light on their work for the world to see.
Index Arts award: Mayam Mahmoud, Egyptian Hip-hop Artist
Mayam Mahmoud, Egyptian Hip-hop Artist, accepting her award (Photo: Alex Brenner for Index on Censorship)
A finalist on Arab’s Got Talent, hijab wearing Egyptian rapper Mayam Mahmoud uses hip-hop to address issues such as sexual harassment and to stand up for women’s rights in the country that, after the hope of Tahrir Square, is slipping back into authoritarianism.
Google Digital Activism award: Shubhranshu Choudhary, Indian Journalist
Shubhranshu Choudhary at the Index awards (Photo: Alex Brenner for Index on Censorship)
Shubhranshu Choudhary is the brains behind CGNet Swara, a mobile-phone based news service that allows some of India’s poorest citizens to upload and listen to hyper-local reports in their own dialect, no smartphone required! CGNet Swara is both circumventing India’s strict radio licencing laws and creatively providing an outlet for those overlooked people on the wrong side of the digital divide.
The Guardian Journalism award: Azadliq, Azerbaijani independent Newspaper
Rahim Haciyev, deputy editor-in-chief of Azerbaijani newspaper Azadliq (Photo: Alex Brenner for Index on Censorship)
One of the last independent media outlets in Azerbaijan, Azadliq has continued to report on government corruption and cronyism in spite of increasing pressures and a financial squeeze enforced by the authorities.
Doughty Street Advocacy award: Shahzad Ahmad, Pakistani Campaigner
Shahzad Ahmad at the Index awards (Photo: Alex Brenner for Index on Censorship)
Shahzad Ahmad leads the fight against online censorship in Pakistan. He has sued the Pakistani government over their suspected use of surveillance software, FinFisher, and he is suing the government over its ongoing blocking of YouTube which is depriving his people of one of the world’s most popular video channels.
#IndexAwards2014: The Doughty Street Advocacy Award winner Shahzad Ahmad from Index on Censorship on Vimeo.
