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An exiled Azerbaijani rapper who uses his music to challenge his country’s dynastic leadership, a collective of Russian lawyers who seek to uphold the rule of law, an Afghan seeking to economically empower women through computer coding and a Honduran journalist who goes undercover to expose her country’s endemic corruption are among the courageous individuals and organisations shortlisted for the 2018 Index on Censorship Freedom of Expression Awards Fellowships.
Drawn from more than 400 crowdsourced nominations, the shortlist celebrates artists, writers, journalists and campaigners overcoming censorship and fighting for freedom of expression against immense obstacles. Many of the 16 shortlisted nominees face regular death threats, others criminal prosecution or exile.
“Free speech is vital in creating a tolerant society. These nominees show us that even a small act can have a major impact. These groups and individuals have faced the harshest penalties for standing up for their beliefs. It’s an honour to recognise them,” said Jodie Ginsberg, CEO of campaigning nonprofit Index on Censorship.
Awards fellowships are offered in four categories: arts, campaigning, digital activism and journalism.
Nominees include rapper Jamal Ali who challenged the authoritarian Azerbaijan government in his music – and whose family was targeted as a result; Team 29, an association of lawyers and journalists that defends those targeted by the state for exercising their right to freedom of speech in Russia; Fereshteh Forough, founder and executive director of Code to Inspire, a coding school for girls in Afghanistan; Wendy Funes, an investigative journalist from Honduras who regularly risks her life for her right to report on what is happening in the country.
Other nominees include The Museum of Dissidence, a public art project and website celebrating dissent in Cuba; the National Gay and Lesbian Human Rights Commission, a group proactively challenging LGBTI discrimination through the Kenya’s courts; Mèdia.cat, a Catalan website highlighting media freedom violations and investigating under-reported or censored stories; Novosti, a weekly Serbian-language magazine in Croatia that deals with a whole range of topics.
Judges for this year’s awards, now in its 18th year, are BBC reporter Razia Iqbal, CEO of the Serpentine Galleries Yana Peel, founder of Raspberry Pi CEO Eben Upton and Tim Moloney QC, deputy head of Doughty Street Chambers.
Iqbal says: “In my lifetime, there has never been a more critical time to fight for freedom of expression. Whether it is in countries where people are imprisoned or worse, killed, for saying things the state or others, don’t want to hear, it continues to be fought for and demanded. It is a privilege to be associated with the Index on Censorship judging panel.”
Winners, who will be announced at a gala ceremony in London on 19 April, become Index on Censorship Freedom of Expression Awards Fellows and are given year-long support for their work, including training in areas such as advocacy and communications.
“This award feels like a lifeline. Most of our challenges remain the same, but this recognition and the fellowship has renewed and strengthened our resolve to continue reporting, especially on the bleakest of days. Most importantly, we no longer feel so alone,” 2017 Freedom of Expression Awards Journalism Fellow Zaheena Rasheed said.
This year, the Freedom of Expression Awards are being supported by sponsors including SAGE Publishing, Google, Private Internet Access, Edwardian Hotels, Vodafone, media partner VICE News, Doughty Street Chambers and Psiphon. Illustrations of the nominees were created by Sebastián Bravo Guerrero.
Notes for editors:
For more information, or to arrange interviews with any of those shortlisted, please contact Sean Gallagher on 0207 963 7262 or [email protected].
More biographical information and illustrations of the nominees are available at indexoncensorship.org/indexawards2018.
Jamal Ali
Azerbaijan
Jamal Ali is an exiled rapper and rock musician with a history of challenging Azerbaijan’s authoritarian regime. Ali was one of many who took to the streets in 2012 to protest spending around the country’s hosting of the Eurovision song contest. Detained and tortured for his role in the protests, he went into exile after his life was threatened. Ali has persisted in releasing music critical of the country’s dynastic leadership. Following the release of one song, Ali’s mother was arrested in a senseless display of aggression. In provoking such a harsh response with a single action, Ali has highlighted the repressive nature of the regime and its ruthless desire to silence all dissent.
Silvanos Mudzvova
Zimbabwe
Playwright and activist Silvanos Mudzvova uses performance to protest against the repressive regime of recently toppled President Robert Mugabe and to agitate for greater democracy and rights for his country’s LGBT community. Mudzvova specialises in performing so-called “hit-and-run” actions in public places to grab the attention of politicians and defy censorship laws, which forbid public performances without police clearance. His activism has seen him be traumatically abducted: taken at gunpoint from his home he was viciously tortured with electric shocks. Nonetheless, Mudzvova has resolved to finish what he’s started and has been vociferous about the recent political change in Zimbabwe.
The Museum of Dissidence
Cuba
The Museum of Dissidence is a public art project and website celebrating dissent in Cuba. Set up in 2016 by acclaimed artist Luis Manuel Otero Alcántara and curator Yanelys Nuñez Leyva, their aim is to reclaim the word “dissident” and give it a positive meaning in Cuba. The museum organises radical public art projects and installations, concentrated in the poorer districts of Havana. Their fearlessness in opening dialogues and inhabiting public space has led to fierce repercussions: Nuñez was sacked from her job and Otero arrested and threatened with prison for being a “counter-revolutionary.” Despite this, they persist in challenging Cuba’s restrictions on expression.
Abbad Yahya
Palestine
Abbad Yahya is a Palestinian author whose fourth novel, Crime in Ramallah, was banned by the Palestinian Authority in 2017. The book tackles taboo issues such as homosexuality, fanaticism and religious extremism. It provoked a rapid official response and all copies of the book were seized. The public prosecutor issued a summons for questioning against Yahya while the distributor of the novel was arrested and interrogated. Yahya also received threats on social media and copies of the book were burned. Despite this, he has spent the last year giving interviews to international and Arab press and raising awareness of freedom of expression and the lives of young people in the West Bank and Gaza, particularly in relation to their sexuality.
Egyptian Commission for Rights and Freedoms
Egypt
The Egyptian Commission for Rights and Freedoms or ECRF is one of the few human rights organisations still operating in a country which has waged an orchestrated campaign against independent civil society groups. Egypt is becoming increasingly hostile to dissent, but ECRF continues to provide advocacy, legal support and campaign coordination, drawing attention to the many ongoing human rights abuses under the autocratic rule of President Abdel Fattah-el-Sisi. Their work has seen them subject to state harassment, their headquarters have been raided and staff members arrested. ECRF are committed to carrying on with their work regardless of the challenges.
National Gay and Lesbian Human Rights Commission
Kenya
The National Gay and Lesbian Human Rights Commission is the only organisation in Kenya proactively challenging and preventing LGBTI discrimination through the country’s courts. Even though being homosexual isn’t illegal in Kenya, homosexual acts are. Homophobia is commonplace and men who have sex with men can be punished by up to 14 years in prison, and while no specific laws relate to women, former Prime Minister Raila Odinga has said lesbians should also be imprisoned. NGLHRC has had an impact by successfully lobbying MPs to scrap a proposed anti-homosexuality bill and winning agreement from the Kenya Medical Association to stop forced anal examination of clients “even in the guise of discovering crimes.”
Open Stadiums
Iran
The women behind Open Stadiums risk their lives to assert a woman’s right to attend public sporting events in Iran. The campaign that challenges the country’s political and religious regime, and engages women in an issue many human rights activists have previously thought unimportant. Iranian women face many restrictions on using public space. Open Stadiums has generated broad support for their cause in and out of the country. As a result, MPs and people in power are beginning to talk about women’s rights to attend sporting events in a way that would have been taboo before.
Team 29
Russia
Team 29 is an association of lawyers and journalists that defends those targeted by the state for exercising their right to freedom of speech in Russia. It is crucial work in a climate where hundreds of civil society organisations have been forced to close and where increasingly tight restrictions have been placed on public protest and political dissent since mass demonstrations rocked Russia in 2012. Team 29 conducts about 50 court cases annually, many involving accusations of high treason. Aside from litigation, they offer legal guides for activists, advice on what to do when state security comes for you and how to conduct yourself under interrogation.
Digital Rights Foundation
Pakistan
In late 2016, the Digital Rights Foundation established a cyber-harassment helpline that supported more than a thousand women in its first year of operation alone. Women make up only about a quarter of the online population in Pakistan but routinely face intense bullying including the use of revenge porn, blackmail, and other kinds of harassment. Often afraid to report how badly they are treated, women react by withdrawing from online spaces. To counter this, DRF’s Cyber Harassment Helpline team includes a qualified psychologist, digital security expert, and trained lawyer, all of whom provide specialised assistance.
Fereshteh Forough
Afghanistan
Fereshteh Forough is the founder and executive director of Code to Inspire, a coding school for girls in Afghanistan. Founded in 2015, this innovative project helps women and girls learn computer programming with the aim of tapping into commercial opportunities online and fostering economic independence in a country that remains a highly patriarchal and conservative society. Forough believes that with programming skills, an internet connection and using bitcoin for currency, Afghan women can not only create wealth but challenge gender roles and gain independence.
Habari RDC
Congo
Launched in 2016, Habari RDC is a collective of more than 100 young Congolese bloggers and web activists, who use Facebook, Twitter and YouTube to give voice to the opinions of young people from all over the Democratic Republic of Congo. Their site posts stories and cartoons about politics, but it also covers football, the arts and subjects such as domestic violence, child exploitation, the female orgasm and sexual harassment at work. Habari RDC offers a distinctive collection of funny, angry and modern Congolese voices, who are demanding to be heard.
Mèdia.cat
Spain
Mèdia.cat is a Catalan website devoted to highlighting media freedom violations and investigating under-reported or censored stories. Unique in Spain, it was a particularly significant player in 2017 when the heightened atmosphere in Catalonia over the disputed independence referendum brought issues of censorship and the impartiality of news under the spotlight. The website provides an online platform that catalogues systematically, publicly and in real time censorship perpetrated in the region. Its map on censorship offers a way for journalists to report on abuses they have personally suffered.
Avispa Midia
Mexico
Avispa Midia is an independent online magazine that prides itself on its daring use of multimedia techniques to bring alive the political, economic and social worlds of Mexico and Latin America. It specialises in investigations into organised criminal gangs and the paramilitaries behind mining mega-projects, hydroelectric dams and the wind and oil industry. Many of Avispa’s reports in the last 12 months have been focused on Mexico and Central America, where the media group has helped indigenous and marginalised communities report on their own stories by helping them learn to do audio and video editing. In the future, Avispa wants to create a multimedia journalism school to help indigenous and young people inform the world what is happening in their region, and break the stranglehold of the state and large corporations on the media.
Wendy Funes
Honduras
Wendy Funes is an investigative journalist from Honduras who regularly risks her life for her right to report on what is happening in the country, an extremely harsh environment for reporters. Two journalists were murdered in 2017 and her father and friends are among those who have met violent deaths in the country – killings for which no one has ever been brought to justice. Funes meets these challenges with creativity and determination. For one article she had her own death certificate issued to highlight corruption. Funes also writes about violence against women, a huge problem in Honduras where one woman is killed every 16 hours.
MuckRock
United States
MuckRock is a non-profit news site used by journalists, activists and members of the public to request and share US government documents in pursuit of more transparency. MuckRock has shed light on government surveillance, censorship and police militarisation among other issues. MuckRock produces its own reporting, and helps others learn more about requesting information. Last year the site produced a Freedom of Information Act 4 Kidz lesson plan to help educators to start discussions about government transparency. Since then, they have expanded their reach to Canada. The organisation hopes to continue increasing their impact by putting transparency tools in the hands of journalists, researchers and ordinary citizens.
Novosti
Croatia
Novosti is a weekly Serbian-language magazine in Croatia. Although fully funded as a Serb minority publication by the Serbian National Council, it deals with a whole range of topics, not only those directly related to the minority status of Croatian Serbs. In the past year, the outlet’s journalists have faced attacks and death threats mainly from the ultra-conservative far-right. For its reporting, the staff of Novosti have been met with protest under the windows of the magazine’s offices shouting fascist slogans and anti-Serbian insults, and told they would end up killed like Charlie Hebdo journalists. Despite the pressure, the weekly persists in writing the truth and defending freedom of expression.
[vc_row][vc_column][vc_column_text]This year saw 1,035 media freedom violations reported to Index on Censorship’s Mapping Media Freedom, a project that monitors media freedom in 42 countries, including all EU member states. To highlight the most pressing concerns for press freedom in Europe, Index’s MMF correspondents discuss the violations that stood out most.
Russia / 197 verified reports in 2017
“In November Russia adopted a new restrictive law against foreign media. It allows recognising foreign media as foreign agents, which makes them subjects of numerous additional checks and obliges them to mark the content as produced by a foreign agent. The vague and ambiguous wording means it applies to many outlets – from established media to email newsletters. Which media will be recognised as foreign agents will be decided by Russian Ministry of justice. However, US media such as Voice of America or Radio Free Europe/Radio Liberty have already received warnings about possible restrictions on their work in Russia.” — Ekaterina Buchneva
Turkey / 132 verified reports in 2017
“Although 155 journalists are currently imprisoned in Turkey — almost all of them on trumped-up charges — the trial of journalist Nedim Türfent, who reported on security operations in Turkey’s Kurdish regions, is by far the worst violation as open experiences of torture at the hands of police officers were recounted by at least a dozen people in the case. This violation shows that torture is making a comeback in Turkey.” — Barış Altıntaş
Belarus / 92 verified reports in 2017
“The mass detention of journalists on Freedom Day in March was indicative of the Belarusian authorities’ campaign launched in 2017 on preventing journalists from performing their professional duties. The situation was provoked by mass protests across Belarus against introducing presidential decree on “social parasites”, which imposes a tax on the unemployed amid increasing economic crisis. The authorities have shown their real attitude to freedom of speech through real hunting on independent journalists and bloggers that are blocked from access to information, detained, jailed, and fined.” — Volha Siakovich
Spain / 66 verified reports in 2017
“The referendum on the independence of Catalonia, north-east of Spain, provoked an avalanche of incidents against reporters. On 1 October 2017, on the day of referendum considered illegal by the Spanish Constitutional Court, various journalists were assaulted during police intervention in polling stations. Spanish public television RTVE was biased in favour of Spanish unity while Catalan public television TV3 was biased in favour of the independence. In the aftermath of the referendum, many reporters on the ground suffered insults and assaults usually during street rallies. Unionist protesters used to insult and assault Catalan media. Catalunya Radio glass door was smashed and TV3 car window broken. Catalan protesters chanted “Spanish press manipulators” during Spanish televisions live coverage and Crònica Global website headquarters vandalised with spray paints and posters. The Catalan political question brought a wave of intimidation against journalists, never seen in such numbers and scale in recent years.” — Miho Dobrasin
Italy / 57 verified reports in 2017
“In 2017 Italian journalists experienced a high level of conflict with the judiciary. Journalists are constantly possible targets of law enforcement raids, also in breaching the privacy of journalists’ sources. In July, Il Fatto Quotidiano journalist Marco Lillo’s house was searched because he published a scoop concerning the investigation on people close to Matteo Renzi, prime minister at time time, for a case of corruption at the most important contracting authority in Italy: Consip. Last but not least, Il Sole 24 Ore journalist Nicola Borzi had seized his computer and archives by the law enforcement because he revealed a “secret of State”, without any formal charge against the journalist. These events show how hard is making scoops in Italy. Moreover, journalists are constantly targeted with lawsuits, frequently used as threats against freelancers. Nowadays the big unsolved issue for Italian journalism is at court.” — Lorenzo Bagnoli
France / 54 verified reports in 2017
“In February, presidential candidate Fillon smeared media outlets who covered alleged corruption case. This was an important moment in the treatment of the media in France. When accused of corruption, conservative presidential candidate François Fillon refused to step down and chose to attack the media and journalists. Journalists covering his campaign saw their working conditions deteriorate and had supporters insulting and attacking them.” — Valeria Costa-Kostritsky
Azerbaijan / 47 reports in 2017
“While there on-going violations of press freedom in Azerbaijan such as the jailing of journalists, office raids, bogus charges and other forms of persecution of journalists, I chose the blocking of opposition and independent news websites in March because it is a sign of further deterioration of media freedom in Azerbaijan. If before there were deliberate slowdowns or DDoS attacks, changes in legislation give full authority to the government institutions wanting to shut down or limit access to the flow of independent and alternative news.” — Arzu Geybullayeva
Croatia / 33 verified reports in 2017
“In September, around 20 members of the Autochthonous Croatian Party of Rights (A-HSP), a far-right political party, which is led by Drazen Keleminec, burned a copy of weekly newspaper Novosti, regional broadcaster N1 reported. This is another example where nationalistic and conservative narratives are endangering media freedom. In this particular case a right-wing political party is targeting the others, in this case the others is an ethnically and linguistically minority weekly, describing them as enemies of the state. The widespread narrative that has resulted in several severe media freedom infringements in this EU country.” — Ilcho Cvetanoski
Macedonia / 27 verified reports in 2017
“During the April’s storming of the Assembly building in the capital Skopje, 23 media workers were physically assaulted, threatened or barred from reporting at the scene. This case perfectly exemplifies what happens when political elites intentionally demonize and dehumanize media workers that are critically observing theirs work by describing them as traitors and foreign mercenaries. In the eyes of the common people, they instantly became a legitimate target. This is a widespread trend in Southeast Europe.” — Ilcho Cvetanoski
Bosnia and Herzegovina / 21 verified reports in 2017
“The case of Dragan Bursac is one of the many cases in Southeast Europe where journalists/media workers are threatened/attacked for challenging the mainstream nationalistic narrative. Namely, he was critical on the fact that a military leader, accused of committing war crimes, crimes against humanity and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY), is celebrated as a hero by the politicians and media.” — Ilcho Cvetanoski
Germany / 20 verified reports in 2017
“It is extremely concerning that journalists were assaulted and intimidated when reporting on protests in Hamburg. Journalists are there to do their job and it is important that they are able to tell the world what is happening at protests such as the ones in Hamburg.” – Joy Hyvarinen
Hungary / 20 verified reports in 2017
“There is an important change of tactics regarding censorship and defaming independent media in Hungary: instead of attacking the outlets critical to the government, the vast pro-government media started smearing individual journalists, trying to intimidate and discredit the few critical voices who are left in Hungary.” — Zoltan Sipos
Romania / 16 verified reports in 2017
“The national news agency AGERPRES might lose its independence after a draft law enabling the political majority to dismiss the director-general was passed by the chamber of deputies in Romania. If passed in the senate as well, such a provision would have the same impact as on the management of the Romanian Radio Broadcasting Corporation (SRR) and the Romanian National Television Corporation (SRTV): following each election, the SRR and SRTV administration boards can be dismissed before the end of their mandates to reflect the new political forces.” — Zoltan Sipos
United Kingdom / 17 verified reports in 2017
“In the United Kingdom, after the Grenfell tower fire, which claimed 71 deaths, Kensington and Chelsea council tried to ban journalists from attending their first council meeting. Five media organisations had to challenge this legally to gain access. This was a very important case illustrating how difficult it was to gain access and to expect accountability from the organisation which ran the council block.” — Valeria Costa-Kostritsky
Sweden / 15 verified reports in 2017
“The systematic campaign to smear and misrepresent journalists by Granskning Sverige was symptomatic of a wider attack on the legitimacy of liberal and left media by Sweden’s far-right movement, but the campaign detailed by the reporters at the Eskilstuna-kuriren newspaper was orchestrated and unlike anything seen before in the country.” — Dominic Hinde
Greece / 13 verified reports in 2017
“In February 2017, two journalists were harassed by far-right wing protesters, preventing refugee children from attending classes. This is very important, because it shows that although Greece’s economic and refugee crisis seem to have calmed down in the last year, the support for far-right wing organisations doesn’t show any sign of shrinking. This also concerns journalists in Greece, whose safety is in danger every day.” — Christina Vasilaki
The Netherlands / 12 verified reports in 2017
“The Netherlands is considered to be one of the countries where media freedom is widely protected. However, cases like the rape threats levelled at a journalist in May show that media workers are subjected to all sorts of threats. In this case it were rape threats by a popular right-wing weblog. This creates an atmosphere in which it’s conceived normal to use comments and social media to discredit and threaten a journalist. It also highlights the dangers and risks that female journalists face.” — Mitra Nazar
Bulgaria / 11 verified reports in 2017
“In November, it became known that members of an organised crime group from Vratsa planned to murder Zov News website publisher Georgi Ezekiev. The increase of violent incidents and serious threats towards journalists in 2017 is alarming in Bulgaria, a country that already has the worst press freedom status in the European Union.” — Zoltan Sipos
Serbia / 11 verified reports in 2017
“Serbia’s free media had a dark year with many incidents, threats and violence coming towards them. In May, journalists were assaulted during clashes at the presidential inauguration. This is just one of many cases, but it clearly demonstrates just how critical the state of the media is because they happened during the presidential inauguration. The assaults were committed by supporters of the government with a lot of police around. The impunity these assaulters meet is worrying for the lack of condemnation by authorities and the message they clearly want to send to critical journalists.” — Mitra Nazar
Malta / 8 verified reports in 2017
“The most worrying incident regards the murder of anti-corruption, investigative journalist Daphne Caruana Galizia. While this murder gripped the attention of international media and European authorities including the European Commission and Parliament, it is still shocking for every journalist that in a democratic, EU country, journalists’ lives could be in danger because they are doing their job, exposing high-level corruption in political, business and criminal elites.” — Christina Vasilaki
Kosovo / 6 verified reports in 2017|
“Kosovo’s media have been shaken up by two attacks on Insajderi investigative journalists. Insajderi is home to the best investigative journalists in the country, covering corruption and crime topics that nobody else dares to touch. Journalist Parim Olluri was beaten up outside his home in Pristina on 16 August. He needed medical assistance in a hospital. Nobody has been held responsible for the attack. Two months later, his colleague Vehbi Kajtazi was hit on the head in a cafe in downtown Pristina on 13 October. One person was arrested on the spot. We are talking about two violent incidents to Insajderi journalists within a period of three months. This shows that Kosovo’s journalists continue to face violence, even in very public places like cafe’s and neighbourhoods they live. For this reason there are just a few brave journalists who dare to touch sensitive topics, which is a worrying sign for the future of journalism and truth finding in the youngest country in Europe.” — Mitra Nazar
Montenegro / 6 verified reports in 2017
“Attack on journalist’s property is one of most common ways of intimidation. This is not only case for Montenegro, but also for all other countries in the region. What is striking is that intentional setting on fire of journalist’s vehicles is one of most common ways of limitation of media freedom in Montenegro. In recent years there have been several burnt vehicle in this small EU candidate country.” — Ilcho Cvetanoski
Portugal / 5 verified reports in 2017
“Similarly to what’s happening in other countries, Portugal has seen a rise of questioning towards journalism, those who work in the media industry and their work. Besides motivating a new and stimulating debate between journalists and their readers/viewers/listeners, this has also opened the gates to instances of abuse, cyberbullying and slander. The most significant example of that is that of Público’s journalist Margarida Gomes, whose work ethic was put in question by Facebook groups and public officials, who both used false information regarding her personal life to denigrate her work.” — João de Almeida Dias
Latvia / 3 verified reports in 2017
“In Latvia it was a quiet year for press freedom. However, the sudden and swift dismissal of Sigita Roķe, the head of public service Latvian Radio for alleged economic irregularities was seen as a pretext for dismissing her for efforts to disengage the radio from sponsorship agreements with the city of Ventspils, whose politically influential mayor has is on trial for money laundering and corruption. The dismissal raised questions about the political neutrality of Latvia’s media watchdog, the National Electronic Mass Media Council.” — Juris Kaza
Ireland / 3 verified reports in 2017
“Compared to the long list of countries in Europe where it is getting progressively dangerous for reporters to do their work, the situation in Ireland is relatively benign. There are renewed concerns over source protection, and the strict libel regime. However, the most serious concern is regarding media ownership. Index on Censorship published a detailed report on this in August 2017. One significant media takeover – Independent News and Media buying up Celtic Media – fell through after the Government ordered a statutory investigation following objections.” — Flor Mac Carthy
Estonia / 3 verified reports in 2017
“In March, journalists for Estonia’s largest daily in circulation Postimees, sent a letter to the owners and managers to complain about interference with editorial freedom. This event is a disturbing example of the interference attempts from media owners and advertisement department that had grown to the level that journalists of a daily, that prides itself with a long history and high-quality content, had to resort to an unprecedented united protest letter to fight it. Interference in journalistic decision making and content from outside or inside sources is in general the worrisome threat.” — Helle Tiikmaa
Belgium / 2 verified reports in 2017
“In Belgium, a journalist who had published a story on surveillance in Bruxelles’ metro was interrogated on her sources by the police, in clear breach of the principle of sources confidentiality. The case also reminds us of the risk for journalists covering surveillance.” — Valeria Costa-Kostritsky
Denmark / 2 verified reports in 2017
“The killing of Kim Wall by the inventor and entrepreneur Peter Madsen was a headline news event around the world. Stabbed to death and dumped at sea whilst interviewing Madsen on board his home-built submarine, her body was recovered after an extensive marine search. Although not typical of any wider trend, her murder was so brutal it raised significant questions about the safety and ethics of female freelancers working alone without support or safeguards.” — Dominic Hinde
Finland / 2 verified reports in 2017
“In March the Finnish government introduced restrictive changes to the functioning of the public broadcasting company Yle, which entailed putting the state-owned company more firmly under politicians’ decision-making power. The proposal was driven by the True Finns, a nationalist party that have repeatedly complained about Yle’s liberal views and non-sceptical approach to ‘multicultural Finland’. In the official briefing, stated the following: “The proposal is to strengthen the role of the Administrative Council so that they can decide on Yle’s journalistic strategy and regulate the permanent expert consultation process”. The council referred is mainly composed of politicians. — Katariina Salomäki
Iceland / 1 verified report in 2017
“Iceland has been rocked by political scandals and collapsing governments twice in the space of a year. In October it came to light that the prime minister had used financial confidentiality legislation to stop the investigative newspaper Stundin from publishing details of his offshore financial dealings in the run-up to the 2008 financial crash. Iceand’s main newspaper Morgunbladid is controlled by another former Prime Minister, also a member of the powerful Icelandic independence party, and Stundin has consistently sought to expose the Icelandic financial and political elite where other titles have remained silent.” — Dominic Hinde[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mapping Media Freedom” use_theme_fonts=”yes” link=”url:https%3A%2F%2Fmappingmediafreedom.org%2F%23%2F|||”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]
Since 24 May 2014, Mapping Media Freedom’s team of correspondents and partners have recorded and verified more than 3,700 violations against journalists and media outlets.
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It’s easy to dismiss the importance of arts in a democracy; its social value is disregarded when it is seen as the province of the rich and privileged. Yet when we look to more authoritarian regimes across the globe Index is reminded constantly of the importance of the role of arts as a voice of dissent and the extraordinary amount of time that repressive states spend suppressing it. If the spoken or written word, if performance or image did not have power, then dictators wouldn’t spend so much time actively silencing and persecuting artists.
But let’s not just look to repressive regimes when we want to talk about censorship. Artists are often the canaries in the mine, a leading barometer of freedom in any country, with the ability to powerfully capture uncomfortable truths. The consequences are different here in the UK, we don’t imprison artists or worse, but ensuring the creation of work by artists who are by law, free to speak, means creating the environment in which risks can be taken.
Yet, in the UK in 2017, when arts have a critically, crucially important role to express and process the diverse and often divergent opinion and experience that coexist in our society, we have created a risk-averse culture. A raft of social, legal and political pressures threaten to limit the space available for expression. New legislation, lack of clarity around policing roles and responsibilities, fear of media backlash or social media storm, loss of funding, means that arts organisations are not always confident about taking the kinds of risks they would like – or indeed need – to make the best art. If only a few groups feel able to explore the most difficult subjects or give voice to underrepresented communities, then, when something goes wrong, it gets harder for the entire arts community to address sensitive issues.
In 2010, when I started in this work, freedom of expression was not a priority for the arts sector; it was assumed safe and left to fend for itself. This never works, as Michael Scammell, the first editor of Index reminds us: “Freedom of expression is not self-perpetuating…”.
When we asked a conference of theatre directors at the time which was more important: audience development or freedom of expression, 100% said the former. Audience development, as I understand it, is about bringing in new audiences, reaching out to find fresh creative voices and breaking the homogenous mould of arts audiences. Yet the call for inclusivity and equality of access has tended to be resolved around a desire to please and a fear of offending, leading to a loss of appetite for the unpopular expression and risk-taking, as identified in Index’s 2013 conference Taking the Offensive and numerous case studies as part of Index’s Art and the Law guides. And still the arts remain obstinately homogenous.
Playwright, director Javaad Alipoor said in a recent interview with Index: “There is a whole discourse about risk [in the theatre industry] that we need to shift. We take risks all the time, but the way we are willing to do it is mega-racialised. Some people are a risk and some people aren’t a risk. I overheard some relatively sensible liberal people describing the appointment of Kwame Kwei-Armah [ newly appointed director of the Young Vic] as a bold move. I thought – it’s a good move. Here is an internationally successful guy, running an internationally successful theatre.”
Look at the two 2015 plays about radicalisation: Homegrown, commissioned by the National Youth Theatre (NYT) written and directed by Nadia Latif and Omar El Khairy, was cancelled; Another World – Losing our Children to Islamic State – by Gillian Slovo and developed by Nicolas Kent, commissioned by the National Theatre, was produced. Whatever else might have happened at NYT, the fact remains that Latif and El Khairy, two creatives from a Muslim background, and the 115 young people they were working with, were not allowed to speak, while two establishment figures were free to express their view of the same issue. This illustrates Alipoor’s point perfectly.
Add to this the role of the police in cancelling work, going all the way back to Gurpreet Kaur Bhatti’s play Behzti in Birmingham in 2004; more recently the removal of ISIS Threaten Sylvania on the advice of the police in 2015; the policing of the Boycott the Human Zoo picket that led to the cancellation of the Barbican production of Exhibit B in London; the banning of music performances by police in Leicester and Bristol at the behest of local Islamic leaders. All point to the uneasy relations between state, the arts sector and artistic expression about issues of race and religion. A policing pattern has emerged, in which it is easier to remove what is deemed to be provocative and so dispel or prevent protest, than manage the situation and allow the artwork to go ahead. The arts sector has been caught out each time.
This pattern of policing interferes with the fundamental right to freedom of expression, something Index has taken up with National Police Lead on Public Order. Index is now working with a Senior Police Trainer to develop better support for the arts sector. His team will contribute to our training programme next year, which will also feature an introduction to our guidance on the legal and rights framework for artists and arts organisations – see below.
We are living in a society and at a time, when the lived experience of hundreds of thousands of people is becoming unspeakable. Although it doesn’t appear to be the case that Prevent officers are checking out what is going on in our theatres and galleries, the impact of Prevent as a force for pervasive self-censorship across Muslim communities is massive and one of the main free speech issues of the day. This will of course influence what makes its way into our arts venues. Add to that other invasive state surveillance powers, the rolling back of human rights generally, the arts has an ever more important role to play to tackle these issues, to ask the most important questions, to challenge growing authoritarian tendencies; playing safe is not an option.
The sector plays a vital role in providing space for open debate, but as Svetlana Mintcheva, an international arts and censorship experts writes: “That role is threatened if those institutions fail to take on real controversies around difficult and emotionally charged subject matter because some of that subject matter may be offensive or even traumatic. Unless they are prepared to welcome genuine conflict and disagreement, cultural institutions will operate as echo chambers under the pall of a fearful consensus, rather than leaders in a vibrant and agonistic public sphere.”
These are some of the issues that we are grappling with in our training: Rights, Risks & Reputations – Challenging a Risk Averse Culture, aiming to give arts leaders the information they need to take difficult, risky decisions more confidently. They will complement the efforts that many organisations are making, and have been making for decades in some cases, to diversify, by reinforcing the importance of risk and controversy in achieving these aims. To this end, we will be taking a close look at the social importance of risk and controversy and the steps needed to reinforce appetite and capacity for risk-taking; how the powerful complementarity of the rights to freedom of expression and equality gives a useful framework for this work. Looking at issues that could lead to self-censorship – fear of causing offence and/or protest and confusion around new counter-terrorism legislation, we will dig into Index’s legal guides for arts on three legally protected areas of society: Counter-Terrorism, Race and Religion and Public Order; Public Order police trainers will present their perspective on how and when to work with the police around artwork that might generate protest in the public space; and there will be a module on ethical fundraising.
The second part of the Michael Scammells statement quoted above is “freedom of expression...has to be actively maintained by the vigilance of those that care about it”. Freedom of expression is an active stance full of challenges, just like equality – both need to be enacted, not left on the shelf in a policy document. Freedom of expression where everyone agrees is not worth the paper it is written on; it will always include the right to shock, insult and offend. And, coupled with equality, it changes whose stories, imagination, revelations and visions shock, insult and offend even as they inspire, inform and transform.[/vc_column_text][/vc_column][/vc_row]
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Executive Summary
1. The submitting organisations welcome the opportunity to contribute to the third cycle of the Universal Periodic Review (UPR) of Azerbaijan. This submission focuses on compliance with international human rights obligations with respect to freedom of expression, and peaceful assembly and of association, in particular concerns relating to:
2. The Azerbaijani Government has failed to implement many of the recommendations relating to each of these issues accepted during its last UPR, with the situation deteriorating quite significantly in the period under review.
Constitutional amendments
3. Amendments to the Constitution of Azerbaijan were approved through a hasty referendum in September 2016, without any Parliamentary debate or scrutiny of the proposals, and amid a crackdown on journalists, activists and groups opposed to the amendments, preventing voters from having access to all relevant information and opinions. The referendum was also plagued by reports of irregularities, including ballot stuffing and fraud.(1) The Venice Commission also raised concerns that the referendum did not comply with even national legal requirements.(2)
4. The amendments include provisions with deleterious impacts on the rights to freedom of expression, assembly and association in Azerbaijan, including by consolidating the powers of the President and weakening democratic checks and balances, including by weakening the Courts.(3) Article 32 of the Constitution was amended to ostensibly protect against the publication of information about a person’s private life, but its broad scope potentially limits the ability of journalists and others to report information about public officials that are in the public interest. Article 47(III) was amended to prohibit propaganda provoking “hostility based on any other criteria”, which similarly may be applied to limit dissent against the requirements of international human rights law, while Article 49(II) of the Constitution was amended to enable sweeping restrictions on assemblies to prevent the disruption of “public order or public morale”.
5. These Constitutional amendments, and the weakening of the judiciary, further undermine the efforts of civil society, human rights defenders and others to bring national law into compliance with Azerbaijan’s international human rights law obligations, and to secure accountability for human rights violations.
Recommendations
Safety of journalists
6. During its last UPR, the Azerbaijani government accepted 8 recommendations(4) related to ensuring the safety of journalists, including by conducting impartial, thorough and effective investigations into all cases of attacks harassment and intimidation against them, and by bringing perpetrators of such offences to justice.(5) These recommendations have not been implemented, with impunity for attacks against journalists and media workers cultivating a climate of self-censorship.
7. There is still total impunity for the March 2005 murder of Monitor magazine editor-in-chief Elmar Huseynov, as well as for the November 2011 murder of prominent writer and journalist Rafig Tagi.
8. In the period of review, the following cases are highlighted as evidence that impunity, as well as lack of adequate prevention and protection measures, are a continuing problem:
Recommendations
Enact measures to ensure the safety of journalists, in line with Human Rights Council resolution 33/2,(7) including, inter alia:
Arbitrary arrests and detentions of critics
9. During its last UPR, Azerbaijan accepted 16 recommendations(8) related to ensuring 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. Similar recommendations were accepted in relation to the treatment of journalists and writers, including that defamation should be decriminalised.(9)
10. Nevertheless, in the period under review Azerbaijan has continued its practice of targeting critical or dissenting voices with politically motivated arrests on spurious charges, extended pre-trial detentions (ranging from months to more than a year) and custodial sentences. The UN Human Rights Council’s Working Group on Arbitrary Detention, who visited Azerbaijan in May 2016, have noted that, notwithstanding the release of some high profile prisoners, the practice of the government to detain those with oppositional views continues, in violation of their international human rights law obligations.(10)
11. The Azerbaijani authorities arbitrarily arrest individuals for engaging in dissent and release them as a mechanism of control. There are often waves of arbitrary arrests and detentions prior to and around significant events, for example in the run up to and after the European Olympic Games in 2014 and the Formula 1 Grand Prix in 2015. As of August 2017, civil society activists within Azerbaijan estimate there to be 158 confirmed political prisoners. (11, 12)
12. Individuals arbitrarily arrested or detained for their political opposition include:
13. Arbitrarily arrested and detained journalists and bloggers, include:
14. The following writers and poets have been arbitrarily arrested and detained:
15. The following civil society actors have also been arbitrarily arrested and detained in the period under review:
16. The following activists have been arbitrarily arrested and detained:
17. Released political prisoners are commonly unable to return to their previous work and political activities. Many have not had convictions quashed, are under surveillance, face travel bans, and ongoing harassment:
18. The family members in Azerbaijan of dissidents living abroad have also been targeted:
19. During its last UPR, the Azerbaijan authorities accepted recommendations to enhance the role of the Ombudsman as a preventative mechanism against torture.(21) However, as the Working Group also noted, there are serious and credible allegations of torture and cruel, inhuman and degrading treatment or punishment against those detained for exercising their rights to freedom of expression, which are not adequately investigated. These include the case of Bayram Mammadov (above)(22). Mehman Huseynov, a popular blogger known for exposing corruption among Azerbaijani officials, who was convicted to two years’ imprisonment on defamation charges in March 2017. The charges were in connection to a statement Huseynov made in January 2017, describing torture inflicted upon him by police officers after his detention.
Recommendations
Forced closure and harassment of independent media outlets and journalists
20. During its last UPR, Azerbaijan accepted 14(23) recommendations related to ensuring respect for media freedom, independent journalism, and media diversity, including to take into account Council of Europe in this regard.(24)
21. The Azerbaijani authorities dominate the country’s media landscape, through regulations, direct ownership or indirect economic control. In the period under review, the majority of independent media outlets have been forced to close or go into exile, with those still operating inside the country subject to police raids, financial pressures, and prosecution of journalists and editors on politically-motivated charges. Where media outlets have been forced to stop print publication and publish only online, their sites are subject to periodic blocking and throttling by the Azerbaijani authorities.
22. Forced closure of media outlets include:
23. Meydan TV, an independent online media outlet whose coverage includes human rights abuses and government corruption, closed its Baku office in December 2014 due to safety concerns. It continues to operate from its headquarters in Germany, in cooperation with journalists in Azerbaijan, despite relentless harassment and state-level blocking of the site since May 2017.(32) In August 2015, the Azerbaijani Prosecutor General’s Office launched a criminal case in relation to Meydan TV’s activities under Articles 213.2.2 (evasion of taxes in a large amount), 192.2.2 (illegal business) and 308.2 (abuse of power) of the Criminal Code. In April 2016, 15 individuals were named in the criminal investigation, with Aynur Elgunash, Aytaj Ahmadova, Sevinj Vagifgizi, and Natig Javadli subject to travel bans.(33) Journalists associated with Meydan TV have been repeatedly summoned for interrogations by the Prosecutor’s Office.(34) The case remains open.
24. Harassment of individual journalists who express critical opinions or deviate from official State accounts in their reporting remains a serious concern. In September 2017, dozens of journalists were dismissed from the government controlled ATV television channel after well-known journalist and TV host. Turan Ibrahimov spoke on a live broadcast about corruption, including how high-ranking officials targeted an entrepreneur to illegally take over his business.(35)
25. Access to foreign media outlets remains restricted, notwithstanding the government’s acceptance of a specific UPR recommendation to expand media freedoms across broadcast platforms, including by ending its ban on foreign broadcasts on FM radio frequencies as well as restrictions on the broadcast of foreign language television programmes.(36) A 2009 ban imposed by NTRC (based on Article 13 of Law of the Republic of Azerbaijan on Telecommunication), remains in place, preventing foreign entities from accessing national frequencies, which effectively took the BBC, Radio Free Europe/Radio Liberty, and Voice of America, off the air.(37) The NTRC, established on 5 October 2002 by Presidential Decree (#795), is fully funded from the state budget and the President directly appoints its members. Similarly, the Azerbaijani public service broadcaster, Ictimai, consistently demonstrates clear bias favourable to the government and ruling party, a problem exacerbated by the lack of media pluralism and alternative information sources in the country.
26. Civil society organisations focused on media freedom issues have also been targeted. In August 2014, the office of the Institute for Reporters’ Freedom and Safety (IRFS) was raided by the authorities in the capital Baku as part of a broader crackdown on NGOs in Azerbaijan. They confiscated equipment, documents, and assets, and the staff were harassed and interrogated by Azerbaijan’s Public Prosecutor office. As a result, IRFS has been forced to cease its operations in Azerbaijan; its Director, Emin Huseynov, remains in exile since fleeing Azerbaijan in 2014.(38)
Recommendations
Legislative restrictions to freedom of expression online
27. During its last UPR, Azerbaijan accepted recommendations to protect freedom of expression online.(39) However, various laws have been amended to increase restrictions in the period under review.
28. On 15 November 2016, the Azerbaijani Parliament approved amendments to Articles 148 and 323 of the Criminal Code, creating a new offence of “slander or insult” through “fake user names, profiles or accounts”, as well as increasing penalties for “smearing or humiliating the honour and dignity” of the Azerbaijani president where the offence is committed online.(40) The government has not acted on its 2011 proposal to decriminalize defamation,(41) which currently carries a sentence of up to 3 years in prison. This is in spite of accepting a recommendation at the 2nd UPR cycle to abolish defamation provisions in the criminal code, and to “refrain from initiating defamation lawsuits against civil society activists and journalists”.
29. On 10 March 2017, the Parliament passed new amendments to the laws on “Information, Informatisation and Protection of Information” and “Telecommunications”, extending government control over online media.(42) The amendments establish obligations for website owners or hosts to delete within eight hours, on notice from the authorities, unlawful content.(43) Prohibited content includes any information criminalised under national laws, including broad “extremism” and “defamation” provisions. If the content is not removed, authorities can apply for a court order to block the website, though websites with information considered “a danger for the state or society” can be blocked without a court order, subject to subsequent judicial review.
30. Between March and April 2017, access to a number of online new sites with content critical of the government were blocked in Azerbaijan.(44) Contrary to the provisions in the above laws, neither the hosts or owners of these outlets were informed about the blocks in advance. On 12 May 2017, a Baku Court ruled to impose an official ban on five independent media websites deemed harmful and dangerous for national security. Along with Meydan TV, Azadliq newspaper, Radio Free Europe/ Radio Liberty Azerbaijani Service, Azerbaijan Saati website and video channel, and Turan TV video channel have all been blocked.(45)
31. In September 2017, access to the website of the Organised Crime and Corruption Reporting Project (OCCRP) was blocked inside Azerbaijan after they published the “Azerbaijan Laundromat” – a series of reports that uncovered high level corruption by Azerbaijani officials and implicated European and other diplomats and politicians.(46)
Recommendations
Legislative restrictions to freedom of association
32. During its last UPR, the Azerbaijan government accepted numerous specific recommendations to bring its Law on Non-Governmental Organisations into conformity with international human rights law and to create a safe and enabling environment for civil society,(47) but it has not done so.
33. In 2013 and 2014, amendments to the already-onerous 2011 Law on Non-Governmental Organisations (Public Associations and Funds) entered into force. These amendments provided the government with broad discretion to dissolve, impose financial penalties on, and freeze the assets of NGOs for infractions of administrative regulations, closing the few remaining loopholes for the operation of unregistered, independent, and foreign organisations.(48) The Venice Commission has found that the amendments “seem to be intrusive enough to constitute a prima facie violation of the right to freedom of association”(49), and their impact since has caused the UN High Commissioner for Human Rights to call for their repeal.(50)
34. The 2014 amendments established a de facto licensing regime for NGOs, giving the government broad discretion to arbitrarily refuse or delay the registration of grants, establishing complicated and onerous procedures for registration, and allowed for restrictions on NGOs’ access to their bank accounts for non-compliance. The impact of these new rules has been to severely limit civil society space. While some NGOs have reportedly had their bank accounts unfrozen in April 2016,(51) several organisations no longer have in their possession many of the documents required for grant registration, because Azerbaijani investigative authorities seized them in the course of inspections and criminal investigations.(52) Meanwhile, the accounts of many other human rights organisations and independent NGOs remain frozen, including in July 2014 those of the Legal Education Society and its head, Intigam Aliyev, causing the NGO to cease operations.
35. The 2014 amendments have also made it much harder for foreign entities to provide grants to local NGOs, requiring them to have an agreement with government ministries. As a consequence, throughout 2015, foreign governments that previously provided grants to local NGOs postponed their activities.
36. The Government of Azerbaijan established the Azerbaijani State Council for Support to NGOs in 2007, which aims to provide a domestic source of financial assistance to local NGOs. However, NGOs applying to the Council for grants have reported that they were told to sign a statement promising to refuse to have any relations with international NGOs critical of the Government of Azerbaijan, such as Amnesty International, Human Rights Watch, among others. In addition, one NGO receiving funding from the Council has reported that its activities have become subject to constant control by the state donor, undermining its ability to operate independently.
37. On October 21, 2016, President Aliyev signed into law a decree on the Simplification of Registration of Foreign Grants in Azerbaijan, effective from 1 January 2017.(53) The new regulations simplify some procedures for registration of foreign grants, but do not address the legal requirement for NGOs to register grants, and do not eliminate the requirement for the Ministry of Finance to provide an opinion on the expediency of each grant from a foreign donor, and most importantly, they do not change the broad discretion of the authorities to arbitrarily deny grant registration. The Law on Grants and the Law on State Registration and State Register of Legal Entities remains intact.
Recommendations
Restrictions to freedom of assembly and protests
38. During the last UPR cycle, Azerbaijan accepted multiple recommendations regarding protection of the right to peaceful assembly.(54) However, the authorities continue to severely restrict protests in public spaces and organisers of peaceful actions have been arbitrarily arrested and detained.
39. Amendments to the Law on Peaceful Assembly in May 2008 stipulate that demonstrations may only held in a number of approved sites, all of which are far from the centre of Baku, thereby diminishing the impact of protest. Further changes to the Law on Freedom of Peaceful Assembly, adopted in November 2012 and criticised by UN special procedures, criminalised participants of peaceful gatherings when they “cause significant violation of the rights and legal interests of citizens”.(55) On 14 May 2013, amendments to the Code of Administrative Offences increased the penalties for “organising, holding and attending an unauthorised assembly” to 60 days’ detention, receiving criticism from Council of Europe Commissioner for Human Rights.(56)
40. Police have used unlawful and disproportionate force to disperse protests,(57) and participants in peaceful assemblies have been arbitrarily detained.(58) For example:
Recommendations
Footnotes
1. Institute for Reporters’ Freedom and Safety (IRFS), The Institute for Reporters’ Freedom and Safety Statement on the Outcomes of the Constitutional Referendum in Azerbaijan, (29 September 2016), available at https://www.irfs.org/news-feed/the-institute-for-reporters-freedom-and-safety-statement-on-the-outcomes-of-the-constitutional-referendum-in-azerbaijan/.
2. Council of Europe’s Venice Commission, Azerbaijan Preliminary Opinion on the draft modifications to the constitution submitted to the referendum of 26th September 2016, (20 September 2016), available at
http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-PI(2016)010-e p. 5
3. See e.g., amendments to Articles 89, 98, 100, 101, 103, 105, 106, and 108 of the Constitution, available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2016)054-e.
4. Recommendations of Canada, Italy, Germany, Slovenia, United Kingdom, Slovakia, Norway and Austria.
5. Specifically the recommendations of Canada, the United Kingdom, Slovakia, Norway.
6. Council of Europe’s Media Alert Platform, Meydan TV Director Emin Milli Threatened for Critical Reporting on European Games, (30 June 2015), available at – https://go.coe.int/1y4r2
7. ARTICLE 19, “Prevent – Protect – Prosecute: Acting on UN Human Rights Council Resolution 33/2”, (September 2017), available at: https://www.article19.org/data/files/medialibrary/38883/Safety-of-Journalists-guide.pdf
8. Recommendations of Austria, Ireland, Slovakia, United States, United Arab Emirates, Czechia, France, Italy, Canada (x2), Sweden, Chile, Norway, Mexico and Germany.
9. Recommendations of Slovenia, Germany, Canada, and Austria.
10. Report of the Working Group on Arbitrary Detention on its mission to Azerbaijan, A/HRC/36/37/Add.1, 2 August 2017; available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/36/37/Add.1
11. The Working Group on Unified List of Political Prisoners in Azerbaijan, Updated Unified List of Political Prisoners in Azerbaijan, (28 August 2017), available at –
http://smdtaz.org/wp-content/uploads/2017/08/Political-Prisoners-Report_Azerbaijan-August_2017.pdf
12. All Articles in this section refer to Articles of the Criminal Code of Azerbaijan.
13. European Court of Human Rights, Ilgar Mammadov v. Azerbaijan (Application No. 15172/13), 22 May 2014
14. Committee of Ministers of the Council of Europe, Decision CM/Del/Dec(2017)1294/H46-2, 21 September 2017; available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=0900001680749f3c
15. Meydan TV, Customs Service Releases Info. on Arrest of Gozel Bayramli, (29 May 2017), available at – https://www.meydan.tv/en/site/politics/23173/
16. Council of Europe’s Media Alert Platform, Azerbaijani Journalist Elchin Ismayilli Sentenced to 9 year in Prison, (18 September 2017), available at – https://go.coe.int/alXEf
17. International Press Institute, Concerns as head of Azerbaijan news agency arrested, (31 August 2017), available at – https://ipi.media/concerns-as-head-of-azerbaijan-news-agency-arrested/
18. The Azerbaijan Free Expression Platform, Imprisoned (2013): Ilkin Rustemzade, (15 June 2016), available at – http://azerbaijanfreexpression.org/ilkin-rustemzade/
19. The Azerbaijan Free Expression Platform, Arrested (2016): Elgiz Gahraman, (18 August 2016), available at – http://azerbaijanfreexpression.org/arrested-2016-elgiz-gahraman/
20. The Azerbaijan Free Expression Platform, Conditionally Released (2016): Intigam Aliyev, (18 August 2016), available at – http://azerbaijanfreexpression.org/imprisoned-2014-intigam-aliyev/
21. Recommendation of Bulgaria.
22. Meydan TV, Youth activist Bayram Mammadov on torture in police custody, (17 May 2016), available at -https://www.meydan.tv/en/site/politics/14510/
23. Recommendations by Canada (x3), Cyprus (x2), Italy, Germany, Slovenia, United Kingdom, Slovakia, Netherlands (x2), Norway and Austria.
24. Specifically recommendations Italy
25. Reporters Without Borders (RSF), Deprived of income, Azerbaijani paper is forced to stop publishing, (20 June 2014) available at https://rsf.org/en/news/deprived-income-azerbaijani-paper-forced-stop-publishing
26. RFE/RL – Radio Azadliq, Azadliq Radio Baku Bureau Sealed Shut , (26 December 2014), available at -https://www.azadliq.org/a/26763625.html
27. RFE/RL, RFE/RL’s Azerbaijani Service: Radio Azadliq, available at – https://pressroom.rferl.org/p/6126.html
28. https://www.irfs.org/news-feed/private-broadcaster-ans-tvs-broadcast-suspended-for-one-month/
29. Council of Europe (CoE)’s PACE, The functioning of democratic institutions in Azerbaijan (provisional report), p.12
30. Chai-khana, Azerbaijan’s ANS: Death of a TV Station, (17 July 2017), available at: https://chai-khana.org/en/azerbaijans-ans-death-of-a-tv-station
31. CoE, Statement on the arrest of Mehman Aliyev in Azerbaijan, (25 August 2017) available at – https://www.coe.int/en/web/portal/-/statement-on-the-arrest-of-mehman-aliyev-in-azerbaijan
32. http://www.eurasianet.org/node/83591
33. Meydan TV, Fifteen journalists named in criminal investigation of Meydan TV, (21 April 2016), available at -https://www.meydan.tv/en/site/news/13829/
34. E.g. https://www.meydan.tv/en/site/news/24362/
35. IRFS, Major Shake-up at ATV, (27 September 2017), available at – https://www.irfs.org/news-feed/major-shake-up-at-atv/
36. As recommended by Canada.
37. RFE/RL, Azerbaijan Bans RFE/RL, Other Foreign Radio From Airwaves, (30 December 2008), available at https://www.rferl.org/a/Azerbaijan_Bans_RFERL_Other_Foreign_Radio/1364986.html
38. The Guardian, Swiss fly out opposition journalist hiding at its Azerbaijan embassy, (14 June 2015), available at https://www.theguardian.com/world/2015/jun/14/swiss-fly-out-opposition-journalist-hiding-at-its-azerbaijan-embassy
39. Recommendations of Czechia and Canada
40. IRFS, Azerbaijani Parliament Approve Bill Restricting Online Speech, (29 November 2016), available at https://www.irfs.org/news-feed/azerbaijani-parliament-approves-bill-restricting-online-speech/.
41. See National Program for Action to Raise Effectiveness of Protection of Human Rights and Freedoms in the Republic of Azerbaijan, (27 December 2011), available at http://en.president.az/articles/4017.
42. IRFS, Azerbaijani Government Takes Big Steps to Keep Online Media under Control, as Parliament Adopts Restrictive Law related to Information, (10 March 2017) available at https://www.irfs.org/news-feed/azerbaijani-government-takes-big-steps-to-keep-online-media-under-control-as-parliament-adopts-restrictive-law-related-to-information/.
43. As above.
44. Meydan TV, Blocking of Websites in Azerbaijan Moving Ahead at Full Steam, (17 April 2017) available at – https://www.meydan.tv/en/site/news/22317/
45. Eurasianet.org, Azerbaijan: Court Upholds the Blocking of Independent Media Outlets (15 May 2017), available at – http://www.eurasianet.org/node/83591
46. Meydan TV, OCCRP blocked in Azerbaijan, (5 September 2017) available at – https://www.meydan.tv/en/site/news/24988/
47. Recommendations of Austria, Ireland, Slovakia, United States, Switzerland, Czechia, France, Chile, Norway, Mexico, Germany, the Netherlands, Italy, and Uruguay.
48. US State Department, Country Reports for Human Rights Practices 2015: Azerbaijan, http://www.state.gov/documents/organization/253035.pdf p.22
49. Venice Commission Opinion, supra note 3, at para. 91
50. http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16393&LangID=E
51. Minval.az, Власти снимают арест на банковские счета ряда НПО, (06 April 2016), available at – http://minval.az/news/123568530
52. US State Department, Country Reports for Human Rights Practices 2015: Azerbaijan, http://www.state.gov/documents/organization/253035.pdf p.22; See also: http://www.publishwhatyoupay.org/pwyp-news/azerbaijan-authorities-raid-civil-society-offices-in-continued-crackdown-on-ngos/
53. The International Centre for Non-Profit Law, Civic Freedom Monitor: Azerbaijan, (29 May 2017), available at – http://www.icnl.org/research/monitor/azerbaijan.html
54. Recommendations of Slovakia, United States, Germany, France, Uruguay, and Hungary.
55. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/046/29/PDF/G1404629.pdf?OpenElement
56. CoE Europe Commissioner for Human Rights, Report following Commissioner Muižnieks visit to Azerbaijan – 22 to 24 May 2013, (6 August 2013), available at – https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2501767&SecMode=1&DocId=2130154&Usage=2
57. Such as the official shown in the photo on the cover of ARTICLE 19’s report ‘Living as Dissidents’, taken during a 14 April 2010 unsanctioned demonstration staged by the Musavat Party. See ARTICLE 19, ‘Azerbaijan: Authorities Clamp Down on Protesters in First Election-Related Demonstration’, 15 April 2010. http://www.article19.org/pdfs/press/azerbaijan-authorities-clamp-down-on-protesters-in-first-election-related-de.pdf
58. For example, a flash mob by 5 individuals in support Rasul Jafarov, one of the arrested human rights defenders, on his birthday on 17 August 2014, resulted in arbitrary arrests and police violence.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1507719850906-a6d11292-e9f6-0″ taxonomies=”7145″][/vc_column][/vc_row]