11 Jul 17 | Azerbaijan, Azerbaijan Statements, Campaigns, Campaigns -- Featured, Statements
President of France, Mr. Emmanuel Macron
L’Élysée
55 Rue du Faubourg Saint-Honoré
75008 Paris, France
Ministry of Europe and Foreign Affairs of France
37, Quai d’Orsay
75351 Paris, France
Embassy of France to Azerbaijan
9, rue Rassoul Rza
AZ 1000, Baku, Azerbaijan
Subject: Support for political prisoners in Azerbaijan
11 July 2017
Dear President Macron,
We are writing to you on behalf of the undersigned organisations to draw your attention to the repressive free speech situation in Azerbaijan and to request your support to ensure the release of those imprisoned on politically motivated grounds in this country. In particular, we urge you to use your administration’s influence and leverage to help ensure the implementation of the ruling issued by the European Court of Human Rights (ECtHR) on the case of political opposition activist Ilgar Mammadov. He remains in prison, although the Court concluded that he was detained in retaliation for his criticism of the government. The persistent non-execution of the ruling in his case by the Azerbaijani authorities is undermining the credibility of the human rights protection regime established by the Council of Europe and sets a dangerous precedent for all those wrongfully prosecuted in Azerbaijan who turn to the Court in search of justice.
In view of France’s role as a leading European state and host country for the ECtHR and other Council of Europe bodies, as well as its well-developed cooperation with Azerbaijan in trade and other areas, your engagement on this issue would be particularly important. We welcome the moral, value-based and human rights oriented leadership that you have embraced for your presidency and are confident that you will vigorously pursue human rights in relations with Azerbaijan’s government on the basis of the common standards set out in the European Convention on Human Rights.
In the last few years, Azerbaijan’s government has carried out a relentless crackdown on alternative voices in the country. Legislation seriously restricting the operation of NGOs has been enforced, independent media subjected to pressure, the political opposition has been marginalised and human rights defenders, journalists and political opposition activists have been arrested, convicted and imprisoned on politically motivated charges.
While some of those imprisoned on such grounds have been released as a result of international pressure, new arrests continue to take place. For example, well-known blogger Mehman Huseynov was arrested and sentenced to two years in prison on defamation charges in March this year after speaking out about police ill-treatment. Journalist Aziz Orujov and opposition member Gozel Bayramli were arrested on other spurious charges in May, while in the same month journalist Afgan Mukhtarli was abducted in Georgia only to resurface in Azerbaijani custody. Many government critics imprisoned in previous years also remain behind bars, including Ilgar Mammadov.
Ilgar Mammadov, who chaired the political opposition REAL party and served as director of the Council of Europe School of Political Studies in Azerbaijan, was detained in February 2013 after monitoring and reporting on street protests in the town of Ismayilli, which resulted in clashes with the police. He was groundlessly accused of instigating these clashes and sentenced to seven years in prison on trumped-up charges of organising mass riots and using violence against police. In a judgment issued in May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated his rights to liberty and security, judicial review of his detention and to be presumed innocent under the European Convention on Human Rights. The court also found that Azerbaijan’s government had imposed restrictions on his rights for purposes other than those permitted, in violation of its obligations under the Convention. The court concluded that Mammadov was detained on political rather than legal grounds for the purpose of punishing and silencing him for his criticism of the government.
It has now been more than three years since the ECtHR adopted its judgement in this case, but the Azerbaijani authorities have consistently failed to implement it, although Azerbaijan is legally bound to comply with ECtHR rulings as a party to the European Convention on Human Rights. The Azerbaijani authorities have ignored repeated calls by other Council of Europe bodies, including its Committee of Ministers – which supervises the implementation of court rulings, its Secretary General and its Human Rights Commissioner to execute the judgment on Mammadov’s case. In November 2016, Azerbaijan’s Supreme Court rejected an appeal submitted by Mammadov on the basis of the ECtHR ruling and upheld his seven- year prison sentence. As a result, he continues to be unlawfully imprisoned.
To date the case of Ilgar Mammadov is the only one where the relevant authorities have failed to implement an ECtHR ruling that has found that the detention of an individual violates the right to liberty and security under the European Convention on Human Rights. As emphasized in a joint statement issued by 44 members of the Civic Solidarity Platform and the Sport for Rights Coalition in May 2017, the non-implementation of the ECtHR’s judgment on this case has developed into a test of the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region. Thus, this case is no longer only about the unlawful deprivation of liberty of Ilgar Mammadov. On the contrary, it has become a case that risks weakening the effectiveness of the entire human rights protection regime established by the Council of Europe, as well as eroding confidence in this regime among people in Azerbaijan and other member states who turn to the ECtHR when their rights are being trampled upon by their governments.
We urge you to do all in your power to help prevent this dangerous outcome and to ensure the implementation of the ECtHR judgment in the case of Ilgar Mammadov, as well as the release of him and others arbitrarily detained on politically motivated grounds in Azerbaijan. To this end, we urge you in particular to:
- Support the civil society appeal to the Committee of Ministers of the Council of Europe to refer the case of Ilgar Mammadov back to the ECtHR on the grounds of non-execution of the judgment under article 46.4 of the European Convention on Human Rights, which sets out a mechanism in cases where parties to the convention refuse to abide by a final
- Issue a public statement on the importance of the execution of ECtHR judgments in view of the integrity and credibility of the human rights protection regime established by the Council of Europe, giving particular attention to the failure by the Azerbaijani authorities to date to implement the ruling on the case of Ilgar Mammadov and the wider implications of
- Prominently raise the case of Ilgar Mammadov and others who have been deprived of their liberty in retaliation for their exercise of fundamental freedoms in Azerbaijan, including Mehman Huseynov, Aziz Orujov, Gozel Bayramli and Afgan Mukhtarli in relations with the Azerbaijani authorities and use all available means of leverage to press for their
- Invite representatives of Azerbaijani civil society to a meeting to demonstrate support with them and to discuss the challenges they face and ways in which your administration can help address these challenges and promote improved respect for the standards protecting fundamental freedoms set out in the European Convention on Human
We thank you for your consideration of the issues raised in this letter and would be happy to provide additional information should you so request.
Sincerely,
- Association UMDPL (Ukraine)
- Bir Duino (Kyrgyzstan)
- Canadian Journalist for Free Expression (Canada)
- Center for Civil Liberties (Ukraine)
- Center for Participation and Development (Georgia)
- Centre for the Development of Democracy and Human Rights (Russia)
- Crude Accountability (USA)
- Eastern Partnership Civil Society Forum
- Fair Trails (UK)
- Freedom Files (Poland/Russia)
- Freedom Now (USA)
- German-Russian Exchange (DRA – Germany)
- Helsinki Committee for Human Rights (Serbia)
- Helsinki Foundation for Human Rights (Poland)
- Human Rights Matter (Germany)
- Human Rights Watch (USA)
- Index on Censorship (UK)
- International Partnership for Human Rights (Belgium)
- Kazakhstan International Bureau for Human Rights and the Rule (Kazakhstan)
- Legal Policy Research Center (Kazakhstan)
- Legal Transformation Center (Belarus)
- Libereco – Partnership for Human Rights (Germany/Switzerland)
- Moscow Helsinki Group (Russia)
- Norwegian Helsinki Committee (Norway)
- PEN America (USA)
- People in Need (Czech Republic)
- Public Association “Dignity” (Kazakhstan)
- Public Verdict Foundation (Russia)
- Regional Center for Strategic Studies (Azerbaijan)
- The Barys Zvozskau Belarusian Human Rights House (Belarus)
- The Kosova Rehabilitation Centre for Torture Victims (Kosovo)
- Truth Hounds (Ukraine)
- World Organisation against Torture (OMCT)
Human rights defenders from Azerbaijan who have signed the letter:
- Akif Gurbanov, Institute for Democratic Initiatives
- Alasgar Mammadli, lawyer
- Anar Mammadli, Election Monitoring and Democracy Training Center
- Annagi Hajibayli, Azerbaijan Lawyers Association
- Asabali Mustafayev, lawyer
- Bashir Suleymanli, Civil Rights Institute
- Intiqam Aliyev, Legal Education Society
- Khadija Ismayilova, human rights defender, investigative journalist
- Latafat Malikova, Regional Human Rights and Education Public Union
- Rasul Jafarov, Human Rights Club
- Samir Kazimli, human rights defender
- Xalid Bagirov, human rights defender, lawyer
- Zohrab Ismayıl, Public Association for Assistance to Free Economy
29 Mar 16 | Azerbaijan, Azerbaijan News, Campaigns
Index on Censorship welcomes the release of lawyer Intigam Aliyev, but says the Azerbaijan authorities must now release journalists and activists who remain imprisoned.
Aliyev is a lawyer who specialised in defending the rights of Azerbaijani citizens before the European Court of Human Rights. Index calls on the government of Ilham Aliyev, the president, to further release journalists Khadija Ismayilova, Seymur Hezi and all political prisoners who have been locked up for voicing criticism of the government.
“This release is good news for Intigam Aliyev’s family. The international community must continue to put pressure on Azerbaijan to free journalists and political prisoners that it remain in detention,” Index on Censorship CEO Jodie Ginsberg said. “Azerbaijan still has a very long road ahead in delivering basic freedoms — including a guarantee of freedom of expression for all its citizens. It must end its judicial harrassment of reporters, political opponents and others who are committed to the promotion of democracy and human rights.”
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.
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’s release follows the pardoning of 14 political prisoners by a presidential decree on 17 March.
Human rights defender Rasul Jafarov, the founder of the Sport for Rights campaign, stepped out from Baku’s Prison Number 10 into freedom on 17 March after spending 593 days unjustly jailed. The same day, the European Court of Human Rights issued a judgment in Jafarov’s case, acknowledging that his arrest and detention were politically motivated.
Jafarov was one of 14 political prisoners included in the pardon decree signed on 17 March. The other political prisoners pardoned through that decree included journalists Parviz Hashimli, Hilal Mammadov, and Tofig Yagublu; human rights defenders Taleh Khasmammadov and Anar Mammadli; NIDA civic movement activists Rashadat Akhundov, Mahammad Azizov and Rashad Hasanov; bloggers Siraj Karimli and Omar Mammadov; former government official Akif Muradverdiyev; chairman of the National Statehood party Nemat Penahli; and Musavat party activist Yadigar Sadigov.
A further political prisoner, journalist Rauf Mirkadirov, was released on 17 March by the Baku Court of Appeals, which commuted his six-year prison sentence into a suspended five-year sentence. Mirkadirov had been unjustly jailed since April 2014 on politically motivated treason charges.
Award-winning investigative journalist Khadija Ismayilova, who has been detained since 5 December 2014. Ismayilova was initially arrested on charges of incitement to suicide, which Index condemned as spurious. In February 2015, Ismayilova was additionally charged with tax evasion and abuse of power. In September 2015, she was sentenced to 7.5 years after a show trial at which she declared her innocence.
Journalist Seymur Hezi was sentenced to five years imprisonment for “aggravated hooliganism” on 29 January 2015. He was arrested and detained in August 2014.
Rahim Haciyev, acting editor of Index award-winning newspaper Azadliq, told Index in September 2015 Hezi’s prosecution was due to his critical articles of the Azerbaijan authorities in the newspaper, as well as critiques he had made in his online TV programme, Azerbaijan Hour.
18 Mar 16 | Azerbaijan, Azerbaijan Statements, Campaigns, Statements
We, the undersigned members of the Sport for Rights coalition, express our relief over the release of 15 political prisoners in Azerbaijan. Human rights defender Rasul Jafarov, the founder of the Sport for Rights campaign, stepped out from Baku’s Prison Number 10 into freedom on 17 March after spending 593 days unjustly jailed. The same day, the European Court of Human Rights issued a judgment in Jafarov’s case, acknowledging that his arrest and detention were politically motivated.
Jafarov was one of 14 political prisoners included in a presidential pardon decree signed on 17 March. The other political prisoners pardoned through that decree included journalists Parviz Hashimli, Hilal Mammadov, and Tofig Yagublu; human rights defenders Taleh Khasmammadov and Anar Mammadli; NIDA civic movement activists Rashadat Akhundov, Mahammad Azizov and Rashad Hasanov; bloggers Siraj Karimli and Omar Mammadov; former government official Akif Muradverdiyev; chairman of the National Statehood party Nemat Penahli; and Musavat party activist Yadigar Sadigov.
A further political prisoner, journalist Rauf Mirkadirov, was released on 17 March by the Baku Court of Appeals, which commuted his six-year prison sentence into a suspended five-year sentence. Mirkadirov had been unjustly jailed since April 2014 on politically motivated treason charges.
“We are incredibly relieved for those released yesterday, including Rasul Jafarov, who was arrested in August 2014 after launching our campaign to draw attention to human rights abuses taking place in Azerbaijan. But none of these 15 people ever should have been arrested in the first place, and dozens more remain unjustly jailed now, neglected by this pardon decree. They must be released, and this vicious cycle of politically motivated arrests must end”, said Rebecca Vincent, coordinator of the Sport for Rights campaign.
While the release of these political prisoners was the right step, we note that they never should have spent a single day in jail. Further, dozens of other political prisoners remain in Azerbaijani jails, including journalists Khadija Ismayilova and Seymur Hezi, human rights lawyer Intigam Aliyev, youth activist Ilkin Rustemzade, and opposition REAL movement leader Ilgar Mammadov, whose release has been ordered by the European Court of Human Rights.
We reiterate our call for the immediate and unconditional release of all political prisoners, and for an end to the cycle of politically motivated arrests in Azerbaijan. We urge the international community to continue to press for the release of the remaining political prisoners as a matter of urgent priority, and for further concrete reforms to improve the country’s dire human rights situation.
Supporting organisations:
ARTICLE 19
Civil Rights Defenders
Committee to Protect Journalists
Freedom Now
Front Line Defenders
Helsinki Foundation for Human Rights
Human Rights House Foundation
Index on Censorship
Institute for Reporters’ Freedom and Safety
International Federation for Human Rights (FIDH)
International Media Support
International Partnership for Human Rights
NESEHNUTI
Netherlands Helsinki Committee
Norwegian Helsinki Committee
PEN America
People in Need
Platform
Polish Green Network
Reporters Without Borders
World Organisation Against Torture (OMCT)
04 Dec 15 | Azerbaijan, Azerbaijan News, Campaigns, mobile
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
