Ukraine: “Serious blow to media freedom”

Ukrainian President Petro Poroshenko signed a decree on Wednesday 16 September banning at least 38 international journalists and bloggers from Ukraine for one year. The decree, published on the presidential website, says those listed are banned for being “actual or potential threat to national interests, national security, sovereignty and territorial integrity of Ukraine.”

Poroshenko said the people targeted were involved in Russia’s 2014 annexation of Crimea and the current aggression in eastern Ukraine.

“This ban is a serious blow to media freedom,” Index senior advocacy officer Melody Patry said. “There is no explanation whatsoever on what press coverage constitutes an actual or potential threat to national security. We appreciate that the situation in eastern Ukraine is sensitive but preventing journalists from reporting from within the country is not the solution and it’s undermining freedom of information.”

The Committee to Protect Journalists reports that the 34 journalists and seven bloggers named in the ban come from Bulgaria, Estonia, Germany, Hungary, Israel, Kazakhstan, Latvia, Macedonia, Moldova, Poland, Russia, Serbia, Slovakia, Spain, Switzerland and the United Kingdom.

The original list included three BBC media staff members – Moscow correspondent Steve Rosenberg, producer Emma Wells and cameraman Anton Chicherov – who were later removed from the ban list, media reported.

“We cannot accept that kind of censorship”, said Mogens Blicher Bjerregård, president of the European Federation of Journalists. Censorship is never the right answer, even to counter propaganda or to sanction journalists who allegedly crossed the Russian-Ukrainian border illegally. The ban is simply inappropriate. Peace and Development of our democracies need press freedom not banning journalists. We and the international society must firmly urge the Ukraine government to lift immediately the ban on named journalists.”

Over 380 people in total have been banned, including activists and Russian officials.

This measure was added to the Mapping Media Freedom platform, which monitors and map threats and violations to media freedom in Europe, including Ukraine and Russia.

The environment for media freedom in Ukraine has been deteriorating against the backdrop of the conflict in the eastern part of the country, making it one the the deadliest countries for journalists, with at least eight media workers killed since the beginning of 2014.

This statement was updated to reflect the later removal of three BBC journalists from the ban list.


 

Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


Autumn magazine 2015: Spies, secrets and lies

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The autumn 2015 issue of Index on Censorship magazine focuses on comparisons between yesterday’s and today’s censors and will be available from 14 September.

In the latest issue on Index on Censorship magazine Spies, secrets and lies: How yesterday’s and today’s censors compare, we look at nations around the world, from South Korea to Argentina, and discuss if the worst excesses of censorship have passed or whether new techniques and technology make it even more difficult for the public to attain information.

Smuggling documents and writing out of restricted countries has helped get the news out, and into Index on Censorship magazine over the years. In this issue, you can hear three stories of how writing and ideas were smuggled into or out of countries. Robert McCrum swapped bananas for smuggled documents in Communist Czechoslovakia; Nancy Martínez-Villarreal used lipstick containers to hide notes in Pinochet’s Chile and Kim Joon Young tells of how flash drives hidden in car tyres take information into North Korea.

Also in this issue, an interview with Judy Blume on over-protective parents’ stopping children from reading, Molly Crapabble illustrates a new short story from Turkish novelist Kaya Genç, Jamie Bartlett on crypto wars and Iranian satirist Hadi Khorsandi on how writers are muzzled and threatened in Iran. Don’t miss Mark Frary mythbusting the technological tricks that can and can’t protect your privacy from corporations and censors.

There’s also a cartoon strip by award-winning artist Martin Rowson, newly translated Russian poetry and a long extract of a Brazilian play that has never before been translated into English.


Autumn 2015: Spies, secrets and lies

Journalists in the former Yugoslavia on the legacy of the post-war period
Interview: Judy Blume and her battle against the bans
Editorial: Spies, secrets and lies and how yesterday’s and today’s censors compare
Full contents of the autumn issue
Subscribe to the magazine


CONTENTS: Issue 44, 3

Spies, secrets and lies: How yesterdays and today’s censors compare?

SPECIAL REPORT

New dog, old tricks – Jemimah Steinfeld compares life and censorship in 1980s China with that of today

Smugglers’ tales – Three people who’ve smuggled documents from around the world discuss their experiences

Stripsearch cartoon – Martin Rowson’s regular cartoon is a challenge from Chairman Miaow

From murder to bureaucratic mayhem – Andrew Graham-Yooll assesses what happened to Argentina’s journalists after the country’s dictatorship crumbled

Words of warning – Raymond Joseph, a young reporter during apartheid, compares press freedom in South Africa then and now

South Korea’s smartphone spies– Steven Borowiec reports on a new law in South Korea embedding a surveillance tool on teenagers’ phones

“We lost journalism in Russia” – Andrei Aliaksandrau examines the evolution of censorship in Russia from the Soviet era to today

Indian films on the cutting-room floor –  Suhrith Parthasarathy discusses the likes and dislikes of India’s film boards over the decades

The books that nobody reads –  Iranian satirist Hadi Khorsandi reports on how it is harder than ever for writers in his homeland to evade censorship

Lessons from McCarthyism – Judith Shapiro looks at the impact of the McCarthyite accusations and fasts forward to address the challenges to free speech in the US today

Doxxed – When prominent women express their views online, they can face misogynist abuse. Video game developer Brianna Wu, who was targeted during the Gamergate scandal, gives her view

Reporting rights? – Milana Knezevic looks at threats to journalism in the former Yugoslavia since the Balkan wars

My life on the blacklist – Uzbek writer Mamadali Makhmudov tells Index how his works continue to be suppressed having already served 14 years on bogus jail charges

Global view – F0r her regular column, Index’s CEO Jodie Ginsberg writes about libraries; how they are vital communities and why censorship should be left at their doors

 

IN FOCUS 

Battle of the bans – US author Judy Blume talks to Index’s deputy editor Vicky Baker about trigger warnings, book bannings and children’s literature today

Drawing down – Ted Rall discusses why US cartoonists are being forced to play it safe to keep their shrinking pay cheques

Under the radar – Jamie Bartlett explores how people keep security agencies in check

Mythbusters – Mark Frary debunks some widely held misconceptions and discusses which devices, programs and apps you can trust

Clearing the air: investigating Weibo censorship in China – Academics Matthew Auer and King-Wa Fu discuss new research that reveals the censorship of microbloggers who spoke out after a documentary on air pollution was shown in China

NGOs: under fire, under surveillance – Natasha Joseph looks at how some of South Africa’s civil rights organisations are fearing for the future

“Some words are more powerful than guns” – Alan Leo interviews Nobel Peace Prize nominee Gene Sharp

Taking back the web – Jason DaPonte takes a look at the technology companies putting free speech first

 

CULTURE

New world (dis)order – A short story by Kaya Genç about words disappearing from the Turkish language, featuring illustrations by Molly Crabapple

Send in the clowns – A darkly comic play by Miraci Deretti, lost during Brazil’s dictatorship, translated into English for the first time

Poetic portraits – Russian poet Marina Boroditskaya introduces a Lev Ozerov poem, never before published in English, translated by Robert Chandler

Index around the world – Max Goldbart rounds up Index’s work and events in the last three months

A matter of facts – For her regular Endnote column, Vicky Baker looks at the rise of fact-checking organisations being used to combat misinformation

Take out a digital annual magazine subscription (4 issues) from anywhere in the world, £18.

Have four stunning print copies delivered to your doorstep (US and UK), £32. 

Comedy is everywhere

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Index on Censorship magazine cover, November/December 1977

Novelist, playwright and short story writer Milan Kundera is one of the many Czech authors who, though they represent the best in their country’s contemporary literature, cannot publish their work in Prague. Acclaimed in France, where in 1973 he won a major literary prize for his last but one novel, and published in English, German, Dutch, Swedish, Finnish, Hebrew, Japanese and many other languages, he remains one of the 400 or more writers who are “on the index” in post-invasion, “normalised” Czechoslovakia.

Born in Brno forty-eight years ago, Kundera was until 1969 a professor at the Prague Film Faculty, his students including all the young film makers who were to bring fame to the Czechoslovak cinema in the sixties with such movies as The Firemen’s Ball, A Blonde in Love and Closely Observed Trains. In 1960 he published a highly influential essay, The Art of the Novel. Two years later the National Theatre put on his first play, The Owners of the Keys. Produced by Otomar Krejca, the play was an immediate success and was awarded the State Prize in 1963.

His first novel, The Joke, came out in 1967, being reprinted twice in a matter of months and reaching a total of 116,000 copies. This book, whose appearance was delayed by a long, determined struggle with the censor, opened the way to publication abroad, where Aragon called it one of the greatest novels of the century.

After the Soviet invasion Kundera was forced to leave the faculty, his work was no longer published in Czechoslovakia, all his books being removed from the public libraries. Since then, his works have only come out in translation. Life Is Elsewhere (see Index 4/1974, ppJ3-62) first appeared in Paris in 1973, where it won the Prix Medicis for the best foreign novel of the year. The French version of his latest novel, The Farewell Party, way published last year.

In 1975 Kundera was offered a professorship by the University of Rennes and obtained permission from the Czechoslovak authorities to go to France, which is now his second home. All his prose works now exist in English translation. (For an appraisal of his work, see Robert C. Porter’s article in Index 4/1975, pp.41-6). Unfortunately, The Joke – published by Macdonald in London and Coward McCann in New York in 1969 – was drastically cut without the author’s consent, forcing Kundera to write an indignant letter to the Times Literary Supplement, disclaiming all responsibility – an interesting case of a non-political, commercial censorship. The irony of the situation was certainly not lost on the author, who is a master of the genre. His collection of short stories, Laughable Loves (with a foreword by Philip Roth) and his other two novels have since been published by Knopf, and The Farewell Party has just been brought out by John Murray in London.

This selection of Kundera’s stimulating and often provocative views on such topics as the writer in exile, committed literature, the death of the novel, the nature of comedy, and so on, has been compiled by George Theiner.

Writing for translator

I am certainly in a rather odd situation. I write my novels in Czech. But since 1970 I have not been allowed to publish in my own country, and so no one reads me in that language. My books are first translated into French and published in France, then in other countries, but the original text remains in the drawer of my desk as a kind of matrix.

In the autumn of 1968 in Vienna I met a fellow-countryman, a writer, who had decided to leave Czechoslovakia for good. He knew that this meant his books would no longer be published there. I thought he was committing a form of suicide, and I asked him if he was reconciled to writing only for translators in future, if the beauty of his mother tongue had ceased to have any meaning for him. When I returned to Prague, I had two surprises in store for me: even though I didn’t emigrate, I too was forced from then on to write for translators only. And, paradoxical as it may seem, I feel it has done my mother tongue a lot of good.

Conciseness and clarity are, for me, what makes a language beautiful. Czech is a vivid, suggestive, sensuous language, sometimes at the expense of a firm order, logical sequence and exactitude. It contains a strong poetic element, but it is difficult to convey all its meanings to a foreign reader. I am very concerned that I should be translated faithfully. Writing my last two novels, I particularly had my French translator in mind. I made myself-at first unknowingly-write sentences that were more sober, more comprehensible. A cleansing of the language. I have a great affection for the eighteenth century. So much the better then if my Czech sentences have to peer carefully into the clear mirror of Diderot’s tongue.

Goethe once said to Eckermann that they were witnessing the end of national literature and the birth of a world literature. I am convinced that a literature aimed solely at a national readership has, since Goethe’s time, been an anachronism and fails to fulfil its basic function. To depict human situations in a way which makes it impossible for them to be understood beyond the frontiers of any single country is a disservice to the readers of that country too. By so doing we prevent them from looking further than their own backyard, we force them into a straitjacket of parochialism. Not to have one’s work published in one’s own country is a cruel lesson, but I think a useful one. In our times we must consider a book that is unable to become part of the world’s literature to be non-existent.


Stand Up For Satire in Support of Index on CensorshipIndex on Censorship has been publishing articles on satire by writers across the globe throughout its 43-year history. Ahead of our event, Stand Up for Satire, we published a series of archival posts from the magazine on satire and its connection with freedom of expression.

14 July: The power of satirical comedy in Zimbabwe by Samm Farai Monro | 17 July: How to Win Friends and Influence an Election by Rowan Atkinson | 21 July: Comfort Zones by Scott Capurro | 24 July: They shoot comedians by Jamie Garzon | 28 July: Comedy is everywhere by Milan Kundera | Student reading lists: Comedy and censorship

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Central Europe

As a Czech writer I don’t like being pigeon-holed in the literature of Eastern Europe. Eastern Europe is a purely political term barely thirty years old. As far as cultural tradition is concerned, Eastern Europe is Russia, whereas Prague belongs to Central Europe. Unfortunately, West Europeans don’t know their geography. This ignorance could be fatal, as indeed it has proved to be in the past. Remember Chamberlain in 1938 and his words about “a small country we know little about”.

The nations of Central Europe are small and far too well concealed behind a barrier of languages which no one knows and few study. And yet it is this very part of Europe which, over the past fifty years, has become a kind of crucible in which history has carried out incredible experiments, both with individuals and with nations. And the fact that those living in Western Europe have only very simplified notions, have never taken the trouble properly to study what is going on a few hundred kilometres from their own tranquil homes can, I repeat, be fatal to them.

From this Central Europe have come several major cultural impulses, without which our century would be unthinkable: Freud’s psychoanalysis; Schonberg’s dodecaphony; the novels of Kafka and Hasek, which have discovered a grotesque new literary world and the new poetry of the non-psychological novel; and finally structuralism, born and developed in Prague in the twenties, to become a fashion in West Europe thirty years later. I grew up with these traditions and have little in common with Eastern Europe. Forgive me if I seem to dwell on these ridiculous geographical details.

Small nations

Large nations are obsessed with the idea of unification. They see progress in unity. Even President Carter’s message to the inhabitants of outer space contains a passage expressing regret that the world is as yet divided into nations and the hope that it will soon come together in a single civilisation. As if unity were a cure for all ills. A small nation, in its efforts to maintain its very existence, fights for its right to be different. If unification is progress, then small nations are anti-progressive to the core, in the finest sense of the word. Big nations make history, small ones receive its blessings. Big nations consider themselves the masters of history and thus cannot but take history, and themselves, seriously. A small nation does not see history as its property and has a right not to take it seriously.

Franz Kafka was a Jew, Jaroslav Hasek a Czech – both members of a minority. When the First World War broke out, Europe was seized by a paroxysm of warlike nationalism, which did not spare even Thomas Mann or Apollinaire. In Franz Kafka’s diary we can read: “Germany has declared war on Russia. Went swimming in the afternoon“. And when, in 1914, Hasek’s Schweik learns that Ferdinand has been killed, he asks which one – the barber’s apprentice who once drank some hair oil, or was it the Ferdinand who collects dogshit on the pavement?

They say the greatness of life is to be found only where life transcends itself. But what if all transcendent life is history – which does not belong to us anyway? Is there only Kafka’s absurd
office? Only the daftness of Hasek’s army? Where then is the greatness, the gravity, the meaning of
it all? The genius of the minorities has discovered a world without gravity and greatness. Discovered its grotesqueness. Hegel’s concept of history -wise and ascending, like assiduous schoolgirls, ever higher on the staircase of progress – has been inconspicuously buried by Hasek and Kafka. In this sense we are their heirs.

Our Prague humour is often difficult to understand. The critics took Miloš Forman to task because in one of his films he made the audience laugh where they shouldn’t. Where it was out of place. But isn’t that just what it is all about? Comedy isn’t here simply to stay docilely in the drawer allotted to comedies, farces and entertainments, where “serious spirits” would confine it. Comedy is everywhere, in each one of us, it goes with us like our shadow, it is even in our misfortune, lying in wait for us like a precipice. Joseph K. is comic because of his disciplined obedience, and his story is all the more tragic for it. Hasek laughs in the midst of terrible massacres, and these become all the more un- bearable as a result. You see, there is consolation in tragedy. Tragedy gives us an illusion of greatness and meaning. People who have led tragic lives can speak of this with pride. Those who lack the tragic dimension, who have known only the comedies of life, can have no illusions about themselves.

When I came to France, the thing that astonished me most was the difference in national humour. The French are immensely humorous, witty, gay. But they take themselves and the world seriously. We are far more sad, but we take nothing seriously.

Committed literature

All my life in Czechoslovakia I fought against literature being reduced to a mere instrument
of propaganda. Then I found myself in the West only to discover that here people write about the literature of the so-called East European countries as if it were indeed nothing more than a propaganda instrument, be it pro- or-anti- Communist. I must confess I don’t like the word “dissident”, particularly when applied to art. It is part and parcel of that same politicising, ideological distortion which cripples a work of art. The novels of Tibor Dery, Miloš Forman’s films – are they dissident or aren’t they? They cannot be fitted into such a category. If you cannot view the art that comes to you from Prague or Budapest in any other way than by means of this idiotic political code, you murder it no less brutally than the worst of the Stalinist dogmatists. And you are quite unable to hear its true voice. The importance of this art does not lie in the fact that it accuses this or that political regime, but in the fact that, on the strength of social and human experience of a kind people over here cannot even imagine, it offers new testimony about the human conditions.

If by “committed” you mean literature in the service of a certain political creed, then let me tell you straight that such a literature is mere, conformity of the worst kind.

A writer always envies a boxer or a revolutionary. He longs for action and, wishing to take a direct part in real life, makes his work serve immediate political aims. The nonconformity of the novel, however, does not lie in its identification with a radical, opposition political line, but in presenting a different, independent, unique view of the world. Thus, and only thus, can the novel attack conventional opinions and attitudes.

There are commentators who are obsessed with the demon of simplification. They murder books by reducing them to a mere political interpretation. Such people are only interested in so-called “Eastern” writers as long as their books are banned. As far as they’re concerned, there are official writers and opposition writers – and that is all. They forget that any genuine literature eludes this sort of evaluation, that it eludes the Manichaeism of propaganda.

There are historical situations which open people’s souls the way you open a tin of sardines. Without the key offered to me by my country’s recent history, I would not, for instance, have been able to discover in Jaromil’s soul the incredible coexistence of the Poet and the Informer.

We have got into the habit of putting the blame for everything on “regimes”. This enables us not to see that a regime only sets in motion mechanisms which already exist in ourselves. A novel’s mission is not to pillory evident political realities but to expose anthropological scandals.

The death of the novel

Since the twenties, everyone seems to have been writing the obituary of the novel – the Surrealists, the Russian avant-garde, Malraux, who claims the novel has been dead since the time Malraux stopped writing novels, and so on and so forth. Isn’t it strange? No one talks about the death of poetry. And yet, since the great generation of Surrealists, I know of no truly great and innovatory work of poetry. No one talks about the death of the theatre. No one talks about the death of painting. No one talks about the death of music. Yet, since Schonberg, music has abandoned a thousand-year-old tradition based on tonality and on musical instruments. Varese, Xenakis . . . I am very fond of them, but is this still music? In any case, Varese himself preferred to speak about the organisation of sound rather than music. So, music may have been dead for several decades, yet no one talks about its demise. They talk about the death of the novel, though this is possibly the least dead of all art forms.

To speak of the end of the novel is a local preoccupation of West European writers, notably the French. It’s absurd to talk about it to a writer from my part of Europe, or from Latin America. How can one possibly mumble something about the death of the novel and have on one’s bookshelf A Hundred Years of Solitude by Gabriel Garcia Marquez? As long as there is human experience which cannot be depicted except in a novel, all conjectures about its having expired are mere expressions of snobbery. It is, of course, possibly true to say that the novel in Western Europe no longer provides many new insights and that for those we have to look to the other part of Europe and to Latin America.

I expect that all this talk of the death of the novel is due to the eschatological thinking of the avant-garde. Spurred on by revolutionary illusions, the avant-garde dreamed of installing a completely new art, a new era. If you like, in the spirit of Marx’s well-known saying about the prehistory and the history of mankind. From this point of view, the novel would belong to prehistory, while history would be ruled by poetry, in which all earlier genres would dissolve and vanish. It’s quite remarkable how this eschatological concept, utterly irrational though it is, has gained general acceptance, becoming one of the commonest clichis of the contemporary snob. He despises the novel, preferring to speak of’ a text’. According to him, the novel is a thing of the past (the prehistory of letters), and this in spite of the fact that the greatest strength of literature over the past 50 years has been in that very sphere-just take Robert Musii, Thomas Mann, Faulkner, Celine, Pasternak, Gombrowicz, Giinter Grass, Boll, or my dear friends, Philip Roth and Garcia Marquez.

The novel is a game with invented characters. You see the world through their eyes, and thus you
see it from various angles. The more differentiated the characters, the more the author and the reader have to step outside themselves and try to understand. Ideology wants to convince you that its truth is absolute. A novel shows you that everything is relative. Ideology is a school of intolerance. A novel teaches you tolerance and understanding. The more ideological our century becomes, the more anachronistic is the novel. But the more anachronistic it gets, the more we need it. Today, when politics have become a religion, I see the novel as one of the last forms of atheism.

When I was a boy I used to idealise the people who returned from political imprisonment. Then I discovered that most of the oppressors were former victims. The dialectics of the executioner and his victim is very complicated. To be a victim is often the best training for an executioner. The desire to punish injustice is not only a desire for justice, pure and simple, but also a subconscious desire for new evil…

Jacob knows all this when he thinks about others. He does not know it in relation to himself. So that all it needs is a single unguarded moment, when his reason takes a nap, and his subconscious dislike of people, his suppressed hatred, take over and an innocent girl dies. The more noble a person is, the darker the shadow of suppressed evil within.

A true novel always stands beyond hope and despair. Hope is not a value, merely an unproven supposition that things will get better. A novel gives you something far better than hope. A novel gives you joy. The joy of imagination, of narration, the joy provided by a game. That is how I see a novel – as a game. One of the characters in The Farewell Party occasionally has a halo round his head. The spa gynaecologist cures his patients by injecting his own semen and becomes the father of many children. Am I being serious, or is it just a joke? It is a game . . .

Of course, if the game is to be worthwhile, it must be played and must be about something serious. It must be a game with fire and demons. The game of the novel combines the lightest and the hardest, the most serious with the most light-hearted.

Milan Kundera is a Czech-born writer who has been living in exile in France since 1975.


Index cover 77 copy 2This article is from the November/December 1977 issue of Index on Censorship magazine and is part of a series of articles on satire from the Index on Censorship archives. Subscribe here, or buy a single issue. Every purchase helps fund Index on Censorship’s work around the world. For reproduction rights, please contact Index on Censorship directly, via [email protected]


Dear Ambassador: We must agree to disagree

In January, Index on Censorship reported on the beginning of the trial of human rights activist Rasul Jafarov, who is being tried on spurious charges. The Azerbaijani embassy has written to Index on Censorship responding to that article. This is the Index response to the embassy.

Dear Ambassador Tahir Taghizadeh,

Thank you for your letter in response to our report on the beginning of the trial of human rights and democracy activist Rasul Jafarov.

In your letter, you wrote:

“In my country, human rights and fundamental freedoms are ensured in full compliance with the national and international commitments that Azerbaijan has subscribed to. No one is persecuted for his/her political views and activities as proved by Azerbaijan’s vibrant political process and free and diverse media.”

We beg to differ with your point of view.

Azerbaijan’s record on human rights and a free press has been discussed with great concern at the international level many times in recent years.

In March 2012, Index on Censorship joined with Article 19, Human Rights House Foundation, International Federation of Journalists, Media Diversity Institute, Norwegian Helsinki Committee, Reporters Without Borders and World Association of Newspapers and News Publishers to co-produce Running Scared: Azerbaijan’s Silenced Voices. The report opened with this stark warning: “The current state of freedom of expression in Azerbaijan is alarming, as the cycle of violence against journalists and impunity for their attackers continues; journalists, bloggers, human rights defenders and political and civic activists face increasing pressure, harassment and interference from the authorities; and many who express opinions critical of the authorities – whether through traditional media, online, or by taking to the streets in protest – find themselves imprisoned or otherwise targeted in retaliation.”

In December 2012, the Parliamentary Assembly of the Council of Europe issued a monitoring report that included the comments that the “situation with regard to basic freedoms, including freedom of expression, freedom of assembly and freedom of association is preoccupying. The committee expresses its alarm at reports by human rights defenders and domestic and international NGOs about the alleged use of so-called fabricated charges against activists and journalists. The combination of the restrictive implementation of freedoms with unfair trials and the undue influence of the executive results in the systemic detention of people who may be considered prisoners of conscience. Alleged cases of torture and other forms of ill-treatment at police stations, as well as the impunity of perpetrators, raise major concern”.

In April 2013, the Human Rights Council of the United Nations work group issued its report from Azerbaijan’s universal periodic review. Among the recommendations were suggestions for improvements on human rights and more specifically freedom of expression:

• Ensure the full enjoyment of the right to freedom of expression in line with country’s international commitments (Slovakia)

• Guarantee the rights to freedom of expression, association and peaceful assembly particularly by allowing peaceful demonstrations in line with the obligations stemming from the International Covenant on Civil and Political Rights (Switzerland);

• Put in place additional and fitting measures to ensure respect for freedom of expression and of the media (Cyprus);

• Ensure that Azerbaijani media regulations uphold diversity among media outlets, as per international standards and best practices (Cyprus);

• Expand media freedoms across print, online and, in particular, broadcast platforms, notably by ending its ban on foreign broadcasts on FM radio frequencies and eliminating new restrictions on the broadcast of foreign language television programs (Canada);

• Take effective measures to ensure the full realization of the right to freedom of expression, including on the Internet, of assembly and of association as well as to ensure that all human rights defenders, lawyers and other civil society actors are able to carry out their legitimate activities without fear or threat of reprisal (Czech Republic);

• Ensure that human rights defenders, lawyers and other civil society actors are able to carry out their legitimate activities without fear or threat of reprisal, obstruction or legal and administrative harassment (Sweden);

• Put an end to direct and indirect restrictions on freedom of expression and take effective measures to ensure the full realization of the right to freedom of expression and of assembly (Poland);

• Ensure the full exercise of freedom of expression for independent journalists and media, inter alia, by taking into due consideration the recommendations of the Council of Europe Commissioner for Human Rights (Italy);

• Ensure that journalists and media workers are able to work freely and without governmental intimidation (Germany);

• Ensure that journalists and writers may work freely and without fear of retribution for expressing critical opinions or covering topics that the Government may find sensitive (Slovenia);

• Protect and guarantee freedoms of expression and association in order to enable human rights defenders, NGOs and other civil society actors to be able to conduct their activities without fear of being endangered or harassed (France);

• Strengthen measures to guarantee a safe and conducive environment for the free expression of civil society (Chile);

• Remove all legislative and practical obstacles for the registration, funding and work of NGOs in Azerbaijan (Norway);

• Ensure that all human rights violations against human rights defenders and journalists are investigated effectively and transparently, with perpetrators being promptly brought to justice, including pending unresolved cases requiring urgent attention (United Kingdom);

• Ensure prompt, transparent and impartial investigation and prosecution of all alleged attacks against independent journalists, ensuring that
the media workers do not face reprisals for their publications (Slovakia);

Though Azerbaijan has the modern legal framework in place to respond to these suggestions from the international community, the respect for the rule of law is sorely lacking.

In October 2013, Index on Censorship published Locking up free expression: Azerbaijan silences critical voices, which described the situation in your country in the run up to the presidential elections.

We wish that was the end of the story, that our insistence that Azerbaijan respect free of expression was based on outdated information or thoroughly implemented international recommendations.

But in 2014 the assault against journalists and human rights activists accelerated with detentions of well-respected individuals with international profiles and the temerity to speak some uncomfortable truths to the government of Azerbaijan.

These are just a few of the cases against journalists and human rights activists that we follow:

Anar Mammadli and Bashir Suleymanli

Anar Mammadli and Bashir Suleymanli

Anar Mammadli and Bashir Suleymanli — sentenced to 5.5 and 3.5 years respectively in May 2014 — are prominent human rights activists and founders of the Election Monitoring and Democracy Studies Centre. They were arrested and jailed in 2013, following outspoken criticism of presidential elections in October 2013, despite international protests. Those are the same polls that invited election observers from the OSCE found lacking. On 29 September 2014, Mammadli was awarded the Václav Havel Award for Human Rights by the Council of Europe.

Arif and Leyla Yunus (Photo: HRHN)

Arif and Leyla Yunus (Photo: HRHN)

Leyla Yunus — arrested 30 July 2014 — is the director of the Peace and Democracy Institute, which among other things works to establish rule of law in Azerbaijan. She has been charged with state treason (article 274 of the Criminal Code of the Republic of Azerbaijan), large-scale fraud (article 178.3.2), forgery (article 320), tax evasion (article 213), and illegal business (article 192). On 18 February, her pre-trial detention was extended for another five months. Her husband Arif Yunus was arrested 5 August 2014. Arif Yunus is facing charges of state treason and fraud. Both have had their initial three month pre-trial detentions extended.

Rasul Jafarov (Photo: Melody Patry)

Human rights and democracy activist Rasul Jafarov (Photo: Melody Patry)

Rasul Jafarov — arrested 2 August 2014 — one of the initiators and coordinators of the campaign “Sing for Democracy” and “The Art of Democracy”, advocated for the rights of political prisoners, actively participated in the International Platform “Civil Solidarity.” He is accused of: tax evasion (Article 192), illegal business (Article 213) and malpractice (Article 308). The charges carry a possible sentence of 12 years.

Intigam Aliyev

Lawyer Intigam Aliyev

Intigam Aliyev — arrested 8 August 2014 — is a human rights defender and a lawyer specialized in defending rights of citizens in the European Court of Human Rights. He is charged with Articles 213.1 (tax evasion), 308.2 (malpractice) и 192.2 (illegal business) of the Criminal Code. Index was heartened to hear that Aliyev was at least allowed to sit with his lawyers in court on Feb 3.

Journalist Seymur Hezi

Journalist Seymur Hezi

Seymur Hezi — arrested 29 August 2014 — works for independent newspaper Azadliq and host of the news programme “Azerbaijan Hour”. He is a member of the opposition Popular Front Party. Index reported on January 29 that Hezi was sentenced to a five-year prison sentence on charges of “aggravated hooliganism” on 29 January.

Emin Huseynov, journalist and human rights defender, Director of the Azerbaijani Institute for Reporters' Freedom and Safety (IRFS)

Emin Huseynov, journalist and human rights defender, director of the Azerbaijani Institute for Reporters’ Freedom and Safety (IRFS)

Emin Huseynov — went into hiding in August 2014 — is an internationally recognised human rights defender and leader of the Institute for Reporters’ Freedom and Safety (IRFS). IRFS is the leading media rights organisation in Azerbaijan and one of the main partner organisations of the Human Rights House Network in the country. Huseynov was charged with tax evasion, illegal business and abuse of authority after he went into hiding at the Swiss embassy. Florian Irminger, head of advocacy at the Human Rights House Foundation (HRHF), of which Index is a network member, called on Switzerland to continue to host Huseynov. “His location at the embassy is justified by the level of the repression in the country, the bogus charges brought against human rights defenders in Azerbaijan and the impossibility for them to defend themselves in court, due to the lack of independence of the judiciary and the harassment of their lawyers.”

Khadija Ismayilova

Khadija Ismayilova

Khadija Ismayilova — arrested on 5 December — is an investigative journalist and radio host who is currently working for the Azerbaijani service of Radio Free Europe/Radio Liberty. She is a member of the Organized Crime and Corruption Reporting Project. She was arrested under charges of incitement to suicide, a charge widely criticised by human rights organizations. Ismayilova is currently being supported by two petition campaigns by Index on Censorship and Reporters Without Borders. On 13 Feb, lawyer Fariz Namazly told Contact.az that new charges have been filed. According to him, Ismayilova is charged under the Article: 179.3.2 (large-scale embezzlement), 192.2.2 (illegal business), 213.1 (tax evasion) and 308.2 (abuse of power.) The charges carry a possible sentence of 12 years.

Awards Azadliq qazeti

Award-winning newspaper Azadliq was forced to halt its print edition in July 2014 as its bank accounts were frozen. We reported on this in August 2014.

In September, the European Parliament adopted a resolution on the human rights situation in your country.

In November, Nils Muižnieks, the Council of Europe Commissioner for Human Rights, called his autumn 2014 mission to Azerbaijan one of the most difficult of his tenure. He wrote, “In late October I was in Azerbaijan, the oil-rich country in the South Caucasus, which just finished holding the rotating chairmanship of the 47-member Council of Europe. Most countries chairing the organisation, which prides itself as the continent’s guardian of human rights, democracy and the rule of law, use their time at the helm to tout their democratic credentials. Azerbaijan will go down in history as the country that carried out an unprecedented crackdown on human rights defenders during its chairmanship.”

You mention in your letter that individuals are not being arrested for their human rights work but it seems an astonishing coincidence that all these prominent human rights defenders should all be guilty of such an array of financial crimes. And that brings us full circle to the present. Since we received your letter, there have been several developments that we would like to brief you on:

On 29 January 2015, a provisional resolution before the CoE called attention to the cases of investigative journalist Khadija Ismayilova, human rights activist Emin Huseynov and the closure of Radio Free Europe/Radio Liberty. Further on in the resolution PACE was being asked to call on Azerbaijan to properly investigate the murders of journalists Elmar Huseynov (2005) and Rafiq Tagi (2011).

On 3 Feb, President Aliyev signed an amended media law that restricts press freedom by making it easier to shutter media outlets.

Just today, Reporters Without Borders released its World Press Freedom Index 2015, which places Azerbaijan at 162. That’s down 2 spots from last 2014.

We wish Azerbaijan’s commitment to a “free and diverse media” was more than just words and we will continue to report on these detentions – as we do globally – for as long as these words are not translated into action.

Best regards

Jodie Ginsberg
Chief Executive
Index on Censorship