Azerbaijan: Anniversary of journalist’s arrest highlights unprecedented repression in 2015

Khadija Ismayilova

Khadija Ismayilova

On the eve of the anniversary of the arrest of journalist Khadija Ismayilova, members of the Sport for Rights coalition and the Civic Solidarity Platform underscore the unprecedented nature of the repression that has taken place in Azerbaijan in the year that has passed. The groups reiterate their call for the immediate and unconditional release of Ismayilova and Azerbaijan’s other political prisoners, and for the international community to take steps to hold the Azerbaijani government accountable for its human rights obligations as matter of urgent priority.

“Ismayilova’s arrest a year ago signalled an escalation of repression in Azerbaijan”, noted Karin Deutsch Karlekar, Director of Free Expression Programs at PEN American Center. “Independent voices are being silenced at an unprecedented rate, and we urge the authorities to cease the legal and extra-legal harassment of journalists and media outlets immediately”.

On 5 December 2014, prominent investigative journalist Khadija Ismayilova was arrested on charges of inciting a local man, Tural Mustafayev, to attempt suicide. Two months later, authorities slammed her with additional politicised charges of embezzlement, illegal business, tax evasion, and abuse of power. After eight months in pre-trial detention, Ismayilova’s trial started on 7 August at the Baku Court of Grave Crimes.

Ismayilova referred to the proceedings as an “express trial”, and observers noted it was rife with due process violations, with the judges rarely granting any motions made by the defence. During the trial, Mustafayev publicly told the court that prosecutors forced him to make a statement against Ismayilova, and withdrew his accusations. Additionally, Ismayilova’s lawyer told the court that her employer did not report any funds missing, that she was not authorised to hire or dismiss other journalists, and that she was not engaged in any commercial enterprise.

On 1 September, the court convicted Ismayilova of the charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office, and sentenced her to 7.5 years’ imprisonment. She was acquitted of the charge of inciting Mustafayev to attempt suicide. On 25 November, the Baku Court of Appeals upheld this conviction, and Ismayilova was transferred to Prison Number 4 on 27 November.

Sport for Rights considers the charges against Ismayilova to be politically motivated and connected to her work as an investigative journalist, particularly her exposure of corruption among the ruling elite. Sport for Rights believes that in jailing Ismayilova, the Azerbaijani authorities sought to silence her critical voice before the country faced increased international media attention during the inaugural European Games, which took place in Baku in June. For this reason, Sport for Rights has referred to Ismayilova as a “Prisoner of the Games”.

“Ismayilova’s imprisonment is emblematic of the Azerbaijani authorities’ repression of independent journalists and human rights defenders”, said Melody Patry, Senior Advocacy Officer at Index on Censorship. “Every day Ismayilova and the other political prisoners spend in jail is another reminder to the world that the Azerbaijani government fails to respect and protect the democratic principles and fundamental rights it has committed to upholding”.

Ismayilova is one of dozens of political prisoners in Azerbaijan. Other prominent cases include journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu; bloggers Abdul Abilov, Faraj Karimli, Omar Mammadov, Rashad Ramazanov, and Ilkin Rustamzade; human rights defenders Intigam Aliyev, Rasul Jafarov, Taleh Khasmammadov, Anar Mammadli, Arif Yunus, and Leyla Yunus; NIDA civic movement activists Rashadat Akundov, Mammad Azizov, and Rashad Hasanov; opposition activist Yadigar Sadikhov; and opposition REAL movement chairman Ilgar Mammadov.

Besides politically motivated arrests and imprisonment, the Azerbaijani authorities continue to employ a wide range of tactics as part of an aggressive crackdown to silence the country’s few remaining critical voices. Independent online television station Meydan TV has been a particular target, with its staff and their relatives threatened, detained, and otherwise pressured in connection with Meydan TV’s critical news coverage of Azerbaijan. Other independent NGOs and media including the Institute for Reporters’ Freedom and Safety and its online television project Obyektiv TV, as well as Radio Free Europe/Radio Liberty’s Baku office, have also been aggressively targeted over the past year.

In addition to the post-European Games crackdown, the Azerbaijani authorities also worked to silence criticism ahead of the 1 November parliamentary elections. For the first time, the elections took place with almost no credible international observers, and with the majority of the traditional opposition boycotting. Independent domestic observers reported widespread fraud, such as carousel voting and irregularities in the vote counting and tabulation process. Now, in the run-up to the Formula One European Grand Prix, which will take place in Baku in June 2016, the crackdown shows no signs of relenting.

These issues and more are detailed in a new Sport for Rights report, No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term, which also contains specific recommendations to the Azerbaijani authorities and the international community on urgent measures needed to improve the dire human rights situation in the country. Sport for Rights and the Civic Solidarity Platform particularly urge the international community to sustain focus on Azerbaijan over the coming months, when critical voices will need concrete support more than ever before.

Supporting organisations:

ARTICLE 19
Association of Ukrainian Human Rights Monitors on Law Enforcement
Canadian Journalists for Free Expression
Center for Civil Liberties (Ukraine)
Centre for the Development of Democracy and Human Rights (Russia)
Civil Rights Defenders
Committee to Protect Journalists
Crude Accountability
Freedom Now
Front Line Defenders
Georgian Young Lawyers’ Association
Golos Svobody Public Foundation (Kyrgyzstan)
Human Rights House Foundation
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
Institute for Reporters’ Freedom and Safety
International Federation for Human Rights (FIDH), within the framework of the
Observatory for the Protection of Human Rights Defenders
International Partnership for Human Rights
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
Kosova Rehabilitation Centre for Torture Victims
Norwegian Helsinki Committee
PEN American Center
People In Need
Platform
Promo-LEX (Moldova)
Public Verdict Foundation (Russia)
Reporters Without Borders
Sova Center for Information and Analysis (Russia)
World Organisation Against Torture (OMCT), within the framework of the
Observatory for the Protection of Human Rights Defenders

Azerbaijan: Human rights lawyer spends second birthday in prison

Intigam Aliyev

Intigam Aliyev

Intigam Aliyev, a human rights defender and a lawyer who specialised in defending the rights of Azerbaijani citizens before the European Court of Human Rights, is spending his second birthday in prison.

“All our thoughts are with Intigam as he spends yet another birthday in jail,” Index on Censorship senior advocacy officer Melody Patry said.

In April 2015, Aliyev was sentenced to 7.5 years imprisonment for illegal business activities, tax evasion and abuse of power. The case was widely condemned as being politically motivated by Azerbaijan’s government.

Aliyev, who ran the Azerbaijan-base Legal Research Institute, was one of a score of prominent human rights activists and journalists who were arrested and subjected to show trials in 2014 and 2015. A new report details the judicial harassment that Azerbaijan’s civil society has been subjected to.

Take action: Send your birthday wishes to Intigam Aliyev

Flag Day: The illusion of progress in Azerbaijan

azerbaijan flag

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.

The ruling party in Azerbaijan may have won an outright majority in this month’s elections, cementing Aliyev’s hold on power. However, opposition parties boycotted the vote over concerns it was neither free nor fair. Even the Organization for Security and Cooperation in Europe (OSCE) refused to monitor the election after authorities severely limited its ability to observe the vote effectively. It marks the first time since 1991 that the OSCE has not monitored an Azerbaijani election and highlights that the situation in the country is far from progressive.

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

Rebecca Vincent: Azerbaijan prepares for election after locking up critics

Photo: Aziz Karimov

Photo: Aziz Karimov

Azerbaijani citizens are set to go to the polls this Sunday to vote for their representatives in 125 parliamentary districts, but this process will be far from democratic. This country has not held a democratic election for more than 20 years, and Azerbaijan’s parliament, the Milli Mejlis, is little more than a rubber-stamping body. These elections also take place against a backdrop of unprecedented repression as well as recent criticism from international bodies.

The leadership of the OSCE parliamentary assembly has recently cancelled a planned observation mission to the upcoming parliamentary election. And the OSCE parliamentary assembly’s democracy and human rights chairperson, Isabel Santos, said this week: “The Azerbaijani government’s crackdown on independent and critical voices has a particularly damaging effect ahead of the country’s 1 November parliamentary elections.”

“On the eve of parliamentary elections, when independent voices are crucial for having an informed debate about the country’s direction, Azerbaijani citizens will especially suffer from the silence their government has imposed,” Santos said.

A recent European Parliament statement said it expressed its “serious concern as to whether the conditions are in place for a free and fair vote on 1 November 2015, given that leaders of opposition parties have been imprisoned, media and journalists are not allowed to operate freely and without intimidation, and a climate of fear is prevalent”.

In addition to the OSCE parliamentary assembly, the OSCE’s office for democratic institutions and human rights as well as the European Parliament have also taken the unprecedented step of cancelling their election-monitoring missions to Azerbaijan.

There are now dozens of political prisoners in Azerbaijan, including prominent journalists, bloggers, human rights defenders, politicians, youth activists, and others who dared to express opinions critical of the ruling regime. Young journalist Rasim Aliyev, Institute for Reporters’ Freedom and Safety chairman, was tragically murdered in August, and there appears to be no hope of  justice in his case. Independent media continue to be ruthlessly targeted, in particular online television station Meydan TV, whose staff and their relatives have been facing extensive pressure ranging from threats to detention.

As detailed in a new report from the Sport for Rights campaign group, No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term, this brutal crackdown started with the re-election of President Ilham Aliyev to a third term  in October 2013. In the two years that followed, the Aliyev regime aggressively targeted its critics, starting with those who told the truth about that fraudulent election, then moving on to the human rights defenders working to defend the rights of those political prisoners.

Although the election’s results may be a foregone conclusion, they do have political significance for Azerbaijan’s international relations. As the Sport for Rights’ report details, during Aliyev’s third term Azerbaijan’s relations with key international bodies have sharply deteriorated – in particular, the OSCE and the European Parliament.

This move was a serious blow to the Aliyev regime, which needs international observers to lend an air of legitimacy to what can only be an illegitimate vote.

The Aliyev regime should think carefully about how to proceed, before this damage to its international relations becomes irreparable. Something the Azerbaijani leadership does not seem to have realised is that the affirmation it is seeking from these international bodies – and indeed, the good public relations it seeks – cannot be bought. But real steps towards democratic reform would, in turn, generate more positive coverage of the country, not to mention genuinely improve its standing with international bodies.

Whilst it is too late to salvage Sunday’s parliamentary elections, it is not too late for the ruling Azerbaijani regime to right the serious wrongs being perpetrated in the country and to repair its relations with international bodies. Immediately and unconditionally releasing political prisoners would be an excellent – and very welcome – start.

This article was posted on 30 October 2015 at indexoncensorship.org