05 Sep 14 | Azerbaijan, Azerbaijan News, News and features
Seymur Hezi, a reporter working for Azadliq, Azerbaijan’s last independent newspaper, was sentenced to a two month pretrial detention on Monday, charged with disorderly conduct. This morning, journalist Khadija Ismayilova was detained at the Baku airport, according to the Institute for Reporters’ Freedom and Safety (IRFS).
Hezi’s arrest is another sign of the continuing clampdown by Azerbaijan’s authoritarian government on civil society. The journalist was charged with an alleged attack on a person in the street, although his lawyers claim he was trying to protect himself after he had been harassed and attacked.
It is not the first time charges of hooliganism and disorderly conduct have been applied against opposition politicians, civil society activists and journalists in Azerbaijan. In previous years, the same charges were used to imprison critical journalists Sardar Alibeili and Ganimat Zahid as well as bloggers Emin Milli and Adnan Hajizadeh.
“Seymur Hezi’s arrest is a serious blow against our newspaper. He is one of the brightest Azerbaijani analysts and journalists, and a true intellectual,” Rahim Haciyev, acting editor of Azadliq newspaper, told Index.
Haciyev said he is sure Hezi’s arrest is the result of a planned provocation and the journalist is prosecuted for publishing critical articles on the authorities in the newspaper, as well as in his online TV program “Azerbaijani Hour”, which he scripts and hosts.
The journalist’s arrest came only a month after the newspaper he works for, Azadliq, was forced into suspension of publication due to financial pressure from the authorities. Now it exists only in its online version.
The authorities of Azerbaijan continue their clampdown on the civil society of the country. Well-know human rights defenders Rasul Jafarov, Intigam Aliyev, Leyla Yunus and her husband Arif Yunus are still behind bars after they were all sentenced to 3 months of pretrial detention. The office of the Institute for Reporters’ Freedom and Safety (IRFS) was searched and sealed.
This wave of repression is connected to new legislation in place in Azerbaijan that restricts the freedom of association. In fact the new law makes it illegal for unregistered civil society organisations to receive funds for their activities.
This article was posted on 5 Sept 2014 at indexoncensorship.org
20 Aug 14 | Azerbaijan, Azerbaijan Letters, Europe and Central Asia, News and features
Rasul Jafarov in September 2013 (Photo: Melody Patry)
In early August, Azerbaijani human rights activist Rasul Jafarov was charged with tax evasion, illegal entrepreneurship and power abuse and sentenced to three months of pre-trial detention, as part of a crackdown on the country’s human rights groups and dissident voices. This is his appeal to the international community.
Ladies and gentlemen, dear friends,
I would like to bring to your attention that the charges brought against me are completely unlawful and groundless. One might ask why? Because,
- I was registered as an individual entrepreneur with the tax authorities on 25 August 2008 and obtained a taxpayer identification number (TIN). From that time up until now, I fully and timely paid relevant taxes and social insurance contributions in accordance with the funds paid to me for my services under the projects in which I was involved. It can be easily verified by sending an inquiry to tax agencies.
- The Human Rights Club was founded in December 2010, and at the founding meeting I was elected the chairman of the organisation. The Human Rights Club has repeatedly applied to the ministry of justice for registration, but due to unjustified and unlawful denial of state registration, appeals were made to all relevant courts in Azerbaijan, and at present this case is pending before the European Court [of Human Rights]. The process of seeking registration and filing appeals continued from 2011 till 2013; since the legislation during this period did not prohibit the activity of unregistered NGOs, we, as the Human Rights Club, implemented a variety of projects during the years 2011-2013. Each of these projects was carried out under the grant agreements signed with donor organisations which I have voluntarily presented to the prosecutor general’s office. Also, at the time of signing of these agreements, the ministry of justice was informed through relevant letters sent to this state body. Moreover, the funds under each grant were transferred not in a secret or non-transparent manner, but through transfers to the bank accounts open and accessible for law enforcement and other relevant agencies, with the purpose of each transfer being indicated as “grant”. Since the Human Rights Club (HRC) was not registered, as the chairman of the HRC the transfers were made to my bank accounts. In this case, what kind of illegal entrepreneurship or abuse of office or tax evasion one can talk about?
You may wonder then why I was arrested. Let’s pay attention to the projects examined by the investigators and covered by the indictment:
- Human rights campaign related to Eurovision — Sing for Democracy; Art for Democracy campaign that uses different types of art to promote and protect human rights; increasing voter turnout on the eve of elections and so on. Along with being in the spotlight of the local and international community, all of these projects were targeted in libellous and insulting articles of the pro-government media which also included the ruling party’s official newspaper Yeni Azerbaijan.
- Azerbaijani government argues everywhere and at the highest level that there are no political prisoners in Azerbaijan. However I and my colleagues do not argue, but prove that there are political prisoners in Azerbaijan.
- During the session of the parliamentary assembly of the Council of Europe held in June 2014, i.e. shortly before my arrest, a roundtable was held on the gravity of the human rights situation in Azerbaijan. I was the person who was directly involved in determination of everything from the technical aspects to the content of the roundtable (together with Intigam Aliyev, Emin Huseynov and Rashid Hajili who are currently persecuted). I was also involved in organising the flash-mob held by our young friends on the day of Ilham Aliyev’s speech. And finally, in the past 2-3 years everyone was asking half-joking, half-serious, when I was going to be arrested. It happened, and now I’m looking forward to your support! Thank you everyone
Sincerely,
Rasul Jafarov
Baku Pre-Trial Detention Center (Kurdakhani settlement)
14 August 2014
13 Aug 14 | Azerbaijan, Azerbaijan Letters, Campaigns, Statements
Mr Thorbjørn Jagland
Secretary General of the Council of Europe
67075 Strasbourg Cedex
France
Fax: +33 3 88 41 27 99
Email: [email protected]
13 August 2014
Re: Wave of repression in Azerbaijan
Dear Secretary General,
We are writing to you to express our concern and disappointment with your 11 August 2014 public statement, following your agreement with President Ilham Aliyev that a joint Committee between the Presidential Administration and representatives of the civil society, established in 2005, would be re-convened. You called this initiative “a good opportunity to go through the charges brought against the human rights defenders and to re-launch dialogue between the authorities and civil society.”
This announcement comes in the midst of an “unprecedented repression against civil society leaders in Azerbaijan.”[1]
Just in the last days many indispensible voices were indeed arrested in an attempt to silence them: a well-known and widely respected human rights defender Rasul Jafarov[2]; human rights defenders Leyla Yunus, a Chevalier of the National Order of the Legion of Honour as a tribute for her longstanding work promoting human rights; and human rights lawyer Intigam Aliyev, “a man who many refer to as ‘müəllim’, or ‘teacher’ – an honorific that in Azerbaijan bestows the utmost respect, who […] taught, educated, trained, and provided guidance to Azerbaijan’s newest generation of human rights defenders.”[3] Intigam Aliyev is also engaged as a regional tutor in the Human Rights Education for Legal Professionals (HELP) programme of the Council of Europe.
This new wave of repression comes after the sentencing on 26 May of Anar Mammadli and Bashir Suleymanli to respectively 5 years and 6 months and 3 years and 6 months imprisonment. Those two human rights defenders are the leaders of the only independent group monitoring elections in Azerbaijan. At the same time, 8 activists of NIDA, a non-governmental youth movement, were convicted on charges of hooliganism, possessing drugs and explosives as well as intent to cause public disorder. On Friday, 4 July, another NIDA activist, Ömar Mammadov was sentenced to 5 years imprisonment on charges of drug possession with the aim of selling it.
We are disappointed that you have abstained from any public comment on the charges against the human rights defenders. The Council of Europe Commissioner for Human Rights considers the charges against Rasul Jafarov and the travel ban against Emin Huseynov as “another disturbing illustration of how human rights defenders in Azerbaijan are systematically threatened with an instrumental use of criminal suits.”[4] In her statement issued on 3 August 2014,[5] the rapporteur on human rights defenders of the Parliamentary Assembly of the Council of Europe Mailis Reps denounced Leyla Yunus’ arrest and detention and expressed “concern for the true motivation underlying the charges levied against her,” calling the arrest “another example of the unrelenting suppression of independent voices and crackdown on civil society in the country. This is an unacceptable violation of Azerbaijan’s duties as a member of the Council of Europe.”
We are surprised that you did not publicly call for the release of the detained human rights defenders, at least from the pre-trial detention, which is not necessary[6] and presents a risk to the heath condition of Leyla Yunus. Intigam Aliyev and Arif Yunus also have problematic health conditions.
It is unclear to us which committee you refer to, and we understand it is in fact a working group established in 2005 on political prisoners in the country. The people, who have been over the last years working on the issue of political prisoners in the country and on core human rights issues, are now behind bars or left the country for security reasons. The civil society in Azerbaijan has grown in size and developed in professionalism in the last decade, and now includes strong voices for the promotion of human rights, such as the Institute for Reporters’ Freedom and Safety (IRFS), which was sealed whilst you spoke with President Aliyev on 11 August.[7] Who will today choose the representatives of Azerbaijani civil society in that working group?
To launch a dialogue platform in these conditions and without first step by the government, meaning the unconditional and immediate release of human rights defenders, will at best be ephemeral, and might possibly be counterproductive. How will this group operate without the key professional and defenders who are now jailed or detained? There is no need to “go through the charges brought against the human rights defenders”; they just need to be dropped because they are unfounded and unfair, and indeed based on laws, which de facto criminalise the work of human rights defenders. As Secretary General, you indeed give the impression that you endorse policies by which governments can choose their civil society, fostering it with support for loyal voices and repression for critical voices, contrary to the values embodied by the Council of Europe.
Those persecuted and arrested human rights defenders in Azerbaijan are also the ones, which inform and cooperate with institutions of the Council of Europe, including yourself. They have international recognition and wide outreach. In June 2014, when President Aliyev addressed the Parliamentary Assembly of the Council of Europe, Emin Huseynov, Rasul Jafarov and Intigam Aliyev together organised a side-event in Strasbourg, critical of the Azerbaijani human rights record. This wave of repression is related to Azerbaijan’s chairmanship of the Council of Europe and indeed a reprisal against critical voices cooperating with and reporting to the Council of Europe mechanisms.
This reprisal did not start recently but started with the order to the Human Rights House Azerbaijan to cease its activities in March 2011, following an event organised by HRH Azerbaijan at the Parliamentary Assembly of the Council of Europe in January 2011.[8]
We believe that your role is to protect and defend Council of Europe institutions, including those cooperating with them. We therefore regret that you have not chosen to use your influence and the power of your office to call for immediate and unconditional release of those human rights defenders and have not condemned their arrest.
As said by the Commissioner in the statement quoted above “by stifling dissent, Azerbaijan is failing to comply with its international obligations which require safeguarding freedom of expression, assembly and association. It is necessary that Azerbaijan reverse the situation. A first step would be to free all those detained because of the views they expressed.”
Sincerely,
Jodie Ginsburg Florian Irminger Adela Pospichalovaon
Index on Censorship Human Rights House Foundation People in Need
For correspondence:
Florian Irminger
Head of Advocacy and HRHF’s Geneva Office
Human Rights House Foundation (HRHF)
Rue de Varembé 1, PO Box 35
1211 Geneva 20
Tel: +41 22 33 22 552
Fax: +41 22 33 22 559
Email: [email protected]
[1] Human Rights House Foundation’s press release of 9 August 2014, available at http://humanrightshouse.org/Articles/20335.html.
[2] More information on that case available at http://humanrightshouse.org/Articles/20306.html.
[3]Article about Intigam Aliyev’s arrest by Giorgi Gogia, Senior Researcher at Human Rights Watch, available at http://www.hrw.org/news/2014/08/08/dispatches-azerbaijan-jails-yet-another-rights-defender.
[4] Council of Europe Commissioner for Human Rights statement of 7 August 2014, available at http://tinyurl.com/qh6snqc.
[5] Mailis Reps’ statement is available at http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=5153&lang=2&cat=5.
[6] Human rights defenders have been facing travel bans and hence, cannot leave the country, despite the fact that they do not present any risk to society if not detained. Conditions making a pre-trial detention necessary are hence not fulfilled, abiding by article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
[7] The visible persecution of IRFS and its leader began on 8 August with a search of its offices. More information available at http://www.indexoncensorship.org/2014/08/azerbaijan-press-freedom-arrest-free-expression-baku/.
[8] More information on the situation of the Human Rights House Azerbaijan available at http://humanrightshouse.org/Articles/20037.html.
08 Aug 14 | Azerbaijan, Azerbaijan News, Europe and Central Asia, News and features
(Image: IRFS)
The offices of Azerbaijani press freedom organisation Institute for Reporters’ Freedom and Safety (IRFS) were on Friday searched by police – the latest in a new clampdown by authorities on human rights groups in Azerbaijan. Human rights lawyer Intigam Aliyev also had his home searched, and has been sentenced to three months pretrial detention.
The IRSF offices were today surrounded by police officers according to reports from Azerbaijan. There are unconfirmed reports that Emin Huseynov, the head of the organisation, has been detained. He was already under a travel ban.
Over the past two weeks, human right defenders Leyla and Arif Yunus and Rasul Jafarov have been sentenced to three months of pretrial detention, facing charges including high treason, state betrayal and tax evasion. One of the country’s few remaining independent newspapers, Index Award winner Azadliq, has been forced to suspend publication due to financial troubles.
IRFS has been reporting on these and other instances of apparent state targeting of opposition voices. The NGO was founded in 2006, “in response to growing government restrictions on freedom of expression and freedom of press,” according to their mission statement. The latest global press freedom index from Reporters Without Borders ranks Azerbaijan at 160 out of 180 countries, and the recent estimates puts the number of political prisoners in the country at over 140.
The recent cases have taken place against a backdrop of heightening tensions between Azerbaijan and neighbouring Armenia, which so far has left at least 14 people dead. President Aliyev on Thursday published a series of tweets on his personal Twitter account which seemed to threaten war with Armenia. The troubled relationship between the two countries has also played a part in cases against dissidents, including Leyla Yunus who has been accused of spying for Armenia.
In May, Azerbaijan assumed chairmanship of the Council of Europe’s (COE) Committee of Ministers, whose tasks include “ensure[ing] that member states comply with the judgments and certain decisions of the European Court of Human Rights”.
In a statement on Friday, the COE said Secretary General Thorbjørn Jagland has “revealed his deep concern at the arrest of Azerbaijan human rights defender Leyla Yunus and the prosecution case against her husband Arif”.
“By stifling dissent, Azerbaijan is failing to comply with its international obligations which require safeguarding freedom of expression, assembly and association. It is necessary that Azerbaijan reverse the situation,” COE Commissioner for Human Rights Nils Muiznieks has told Azerbaijani media.
Index on Censorship, along with 60 other NGOs, has called for the immediate and unconditional release of Leyla and Arif Yunus and Rasul Jafarov. Today Index reiterates this call and raised its concerns with Britain’s Foreign and Commonwealth Office.
“It is deeply worrying that while international attention is directed at conflicts elsewhere, Azerbaijan appears to be resuming oppression of dissent,” said Jodie Ginsberg, CEO of Index on Censorship. “This is a country showing blatant disregard for human rights while presiding over an institution that describes itself as the continent’s ‘leading human rights organisation.’ The fellow members of the Council of Europe must do more to show Azerbaijan its actions must cease immediately.”
This article was published on August 7, 2014 at indexoncensorship.org
