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

Khadija Ismayilova

Khadija Ismayilova

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

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

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

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

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

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

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

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

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

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

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

Supporting organisations:

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

Flag Day: The illusion of progress in Azerbaijan

azerbaijan flag

November is a month of historical anniversaries. Last Thursday was the annual commemoration of the foiling of the Gunpowder Plot and yesterday the UK fell silent to pay tribute to its war dead on Remembrance Sunday.

A much lesser-known date — at least to anyone outside Azerbaijan — is the country’s Flag Day, the celebration of the tricolour which was first adopted as the national flag on 9 November 1918.

The flag hoisted in the capital city of Baku was once confirmed by the Guinness Book of Records as being the tallest in the world. It flies on a pole 162 meters high and measures 70 by 35 meters. While the flag underwent a hiatus while Azerbaijan was part of the Soviet Union between 1920 and 1991, it is now a proud symbol of the country’s independence.

The tricolour consists of three horizontal stripes, each being deeply symbolic. The blue stripe stands for the Turkish origin of Azerbaijani people and the green stripe at the bottom expresses affiliation to Islam. Neither can be disputed. The red stripe in the middle, however, is problematic. It stands for progress, modernisation and democracy.

But Azerbaijan’s status as a modern democracy is less than convincing. Sure, the country has made some significant strides since the collapse of communism. It boasts a 98.8% literacy rate, and since the early 2000s spending on education has increased five-fold, for example.

However, there is an illusion of material progress in Azerbaijan. As Index on Censorship has been reporting, the country has experienced an unprecedented crackdown on human rights and freedoms.

Little over a week ago, Azerbaijan held a parliamentary election while an estimated 20 prisoners of conscience sat in prison. Azerbaijani journalist Khadija Ismayilova, who was sentenced to seven years and six months in jail in September for exposing state corruption, is one of them. The award-winning journalist was detained on 5 December 2014 and eventually convicted of libel, tax evasion and illegal business activity.

President Ilham Aliyev’s government has long claimed that “all freedoms are guaranteed in Azerbaijan“. Given his government’s lack tolerance for dissent, this clearly isn’t the case. Leyla Yunus, founder and director of the Institute for Peace and Democracy, and her husband, historian Arif Yunus — both outspoken critics of the government — have been detained since summer 2014 when they were arrested on charges of treason and fraud. On 13 August, the Baku Court on Grave Crimes sentenced Leyla to eight years and six months in prison and Arif to seven years in prison.

Democracy activist Rasul Jafarov, human rights lawyer Intigam Aliyev and journalist Seymur Hezi are also serving prison sentences on charges that were widely condemned for being politically motivated to silence outspoken critics of the government of President Aliyev.

The list of journalists and activists who have been arrested, abused, beaten and even killed goes on. In June 2015, on the eve of the inaugural European Games in Baku, activists from Amnesty International and Platform were banned from entering the country. Both organisations have been highly critical of Aliyev’s government, and its continuing targeting, jailing and prosecution dissenters. Even The Guardian was blocked from reporting on the games when its reporter was barred.

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

Flag Day is set against a backdrop of arrests and human rights abuses. If Azerbaijan is to earn its stripes, the authorities must uphold their human rights obligations, release all prisoners of conscience and allow for elections that meet basic democratic standards.

This article was posted on 9 November 2015 at indexoncensorship.org

Coalition calls for release of detained journalist

Shirin Abbasov (Photo: Meydan.tv)

Shirin Abbasov (Photo: Meydan.tv)

The Sport for Rights Coalition condemns the Azerbaijani authorities’ extensive pressure against the staff of independent online television station Meydan TV, as part of a wider unprecedented crackdown on free expression and independent media. Following months of increased pressure in the aftermath of the European Games and the run-up to the 1 November parliamentary elections, on 17 September, Meydan TV reporter Shirin Abbasov was sentenced to 30 days of administrative detention for “disobeying police”.  On 18 September, authorities searched the flat of another Meydan TV reporter, Javid Abdullayev, in connection with the case against Abbasov, seizing computers and cameras – indicating more serious charges might be forthcoming.

Abbasov, a 19 year-old freelance journalist and Meydan TV contributor, went missing on his way to university early the afternoon of 16 September, and his whereabouts were unknown for nearly 30 hours. Authorities eventually disclosed that Abbasov was being held at the Ministry of Internal Affairs’ notorious Department to Combat Organised Crime. Abbasov has so far been prevented from seeing his lawyer, who fears that Abbasov may be under pressure to sign a false confession.

“The arrest of Shirin Abbasov is yet another act by the authorities aimed at silencing independent voices in Azerbaijan”, said IMS Executive Director Jesper Højberg. “Locking up government critics and stepping up pressure on the country’s few remaining independent media outlets and NGOs has had disastrous consequences for Azerbaijan’s international relations, and certainly does not bode well for the upcoming parliamentary elections. The Azerbaijani government must take action now to put a stop to this downward spiral”.

Prior to his arrest, Abbasov was one of four Meydan TV staff prevented from leaving Azerbaijan after the conclusion of the European Games in June, told they were placed on a “blacklist” for unclear reasons. More recently, he covered the trials of human rights defenders Leyla and Arif Yunus, and journalist Khadija Ismayilova, capturing some of the only images of the political prisoners that were used in the press. Abbasov is also a popular video blogger, whose Facebook posts critical of the government have drawn widespread attention. He was one of six Meydan TV staff previously questioned over Meydan TV’s coverage of protests in the city of Mingechevir calling for the resignation of the local police chief following the 20 August death of a man in policy custody.

Also on 16 September, another young freelance journalist and Meydan TV contributor, Aytaj Ahmadova, was detained along with a friend and questioned for five hours by employees of the same Department to Combat Organised Crime, before being released. She reported that similarly to her colleagues, questions were focused on the Mingechevir protests, as well as Meydan TV’s activities, and its management and salary structure. Ahmadova’s parents have reportedly been fired from their jobs and threatened with arrest.

“The extensive questioning of Meydan TV’s staff in connection with the Mingechevir protests bears similar hallmarks to the cases built against journalist Tofig Yagublu and opposition leader Ilgar Mammadov – both of whom remain imprisoned on spurious charges connected with the 2013 protests in Ismayilli”, stated Thomas Hughes, ARTICLE 19’s Executive Director. “The Azerbaijani government should immediately cease its persecution of journalists working with Meydan TV, as well as any others legitimately expressing critical or independent viewpoints. Azerbaijan’s current actions, following a year of persistent crackdown down on freedom of expression, are in direct violation of its international obligations”.

In June, Meydan TV Director Emin Milli reported that he had received a threat from the Azerbaijani Minister of Youth and Sport, Azad Rahimov, in connection with Meydan TV’s critical reporting on the European Games. In July, 23 of his relatives signed a letter to Azerbaijani President Aliyev stating that they did not support Milli’s “anti-Azerbaijani policy” and had excluded him from the family for his “betrayal of Azerbaijan”. Meydan TV editor and popular writer Gunel Movlud also reported that her relatives have faced pressure in connection with her work; so far at least four have been fired from their jobs.

The growing pressure against the staff of Meydan TV takes place against a broader unprecedented crackdown on free expression and the independent media. In addition to Abbasov, there are eight journalists behind bars in Azerbaijan, as well as six human rights defenders who are strong free expression advocates, along with dozens of other political prisoners, many of whom were targeted for expressing critical opinions.

For more than a year, the staff of media freedom NGO the Institute for Reporters’ Freedom and Safety (IRFS) – where detained journalist Shirin Abbasov worked prior to Meydan TV – has faced tremendous pressure, culminating with the murder of IRFS Chairman Rasim Aliyev, who died in hospital on 9 August after being severely beaten the day before. The attack on Aliyev took place one year from the date authorities had raided and closed the office of IRFS and its online TV project, Obyektiv TV, which were forced to cease operations.

That same day, 8 August 2014, IRFS Director Emin Huseynov was forced into hiding, and was soon after granted refuge at the Swiss Embassy in Baku, where he remained for 10 months until he was finally allowed out of the country, but stripped of his Azerbaijani citizenship. Huseynov remains in exile abroad as a stateless person. His brother Mehman Huseynov, a well-known photojournalist and blogger, was detained earlier this month when he tried to obtain a replacement ID card as authorities had seized his in connection with a politically motivated criminal case against him from 2012. He has been prevented from leaving the country since June 2013. In January this year, IRFS deputy head Gunay Ismayilova was attacked outside her apartment in Baku.

Other independent media that have been facing extensive pressure include Radio Free Europe/Radio Liberty (RFE/RL)’s Baku bureau, which was raided and closed by authorities in December 2014, shortly after the arrest of its former bureau chief and prominent investigative journalist Khadija Ismayilova, who was sentenced on 1 September to 7.5 years in prison on spurious charges. Opposition Azadliq newspaper once again teeters on the brink of closure after years of excessive fines from defamation cases filed by public officials and their supporters, and other financial pressures. ‘Azerbaycan saati’ (Azerbaijan Hour), an opposition-minded online television station, has also faced extensive pressure, including the arrest of its presenter Seymur Hezi, who is currently serving a five-year prison sentence on spurious charges.

The Sport for Rights coalition condemns these acts aimed at silencing independent voices in Azerbaijan and punishing those who were critical in the run-up to the European Games. Sport for Rights believes that the pressure against Meydan TV is directly connected to its critical coverage of the European Games. Sport for Rights also notes that Meydan TV and the other organisations and individuals being targeted have all played an important role in exposing corruption and human rights abuses  — which has become downright dangerous in Azerbaijan.

Sport for Rights calls for the immediate and unconditional release of Shirin Abbasov, as well as the other jailed journalists and human rights defenders in Azerbaijan. Sport for Rights also calls for the Azerbaijani authorities to put a stop to all acts of persecution of Meydan TV’s staff and other journalists and human rights defenders, and to take urgent steps to address the broader human rights crisis in the country ahead of the 1 November parliamentary elections.

Supporting organisations:

ARTICLE 19

Civil Rights Defenders

Committee to Protect Journalists

Human Rights House Foundation (HRHF)

Index on Censorship

International Federation for Human Rights (FIDH), in the framework of the

Observatory for the Protection of Human Rights Defenders

International Media Support (IMS)

International Partnership for Human Rights (IPHR)

Norwegian Helsinki Committee

PEN American Center

People in Need

Platform

Polish Green Network

World Organisation Against Torture (OMCT), in the framework of the

Observatory for the Protection of Human Rights Defenders

YouAid Foundation

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Azerbaijan: Sport for Rights coalition condemns sentencing of journalist Khadija Ismayilova

The Sport for Rights coalition strongly condemns the sentencing of Azerbaijani journalist Khadija Ismayilova to a staggering 7.5 years in jail. On 1 September, the Baku Court of Grave Crimes convicted Ismayilova on charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office. Ismayilova was acquitted of the charge of inciting someone to attempt suicide. 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 Azerbaijani elite.

“We condemn today’s verdict in the case of Khadija Ismayilova, which puts an outrageous yet expected ending to the grotesque proceedings against her”, CPJ Europe and Central Asia Program Coordinator Nina Ognianova said. “The time for business as usual with Azerbaijan is over. We call on Baku’s counterparts in the international community to make no further dealings with this highly repressive state until Ismayilova is unconditionally released and fully acquitted of all fabricated accusations”.

“Khadija Ismayilova’s trial failed to meet minimum fair trial guarantees, a pattern that has been regularly observed by IPHR’s monitors in similar cases in Azerbaijan”, said Brigitte Dufour, IPHR Director. “The defence’s motions are routinely rejected, which runs contrary to the principle of equality of arms – a cornerstone of the right to a fair trial – and indicates that the judges in these trials are openly siding with the prosecution”.

One of Azerbaijan’s most prominent investigative journalists, Ismayilova is also among the most courageous, one of very few willing to report on risky topics such as human rights violations and corruption. In the months leading to her arrest in December 2014, Ismayilova was aware she could be targeted, which she linked to her investigations into the business interests of President Ilham Aliyev’s family. Despite being warned not to return to the country from trips abroad – during which she spoke at international organisations on abuses taking place in Azerbaijan – Ismayilova persisted, speaking out critically until her arrest, and even afterwards, in letters smuggled out from jail.

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 2015. Sport for Rights has referred to Ismayilova as a “Prisoner of the European Games” – along with human rights defenders Leyla and Arif Yunus, Rasul Jafarov, and Intigam Aliyev, who were also arrested in the run-up to the games.

“For her thorough and fearless investigative journalism, which has uncovered corruption at the highest levels of power, Khadija has earned numerous accolades, including PEN American’s 2015 Barbara Goldsmith/Freedom to Write Award”, said Karin Deutsch Karlekar, director of Free Expression programmes at PEN American Center. “However, speaking the truth has grave consequences in Azerbaijan, where independent reporting has been all but extinguished through farcical trials, imprisonment, murder, and other forms of severe harassment. We demand that the government cease this unprecedented witch-hunt against journalists and their family members, and enable Azerbaijani citizens to freely access a range of news and information”.

The harsh sentencing of Ismayilova is the latest incident in an unprecedented crackdown being carried out by the Azerbaijani authorities to silence all forms of criticism and dissent. Less than two weeks before Ismayilova’s verdict, the same court sentenced human rights defenders Leyla and Arif Yunus to 8.5 and seven years in jail, respectively. Authorities have so far disregarded the widespread calls for humanitarian release of the couple, who both suffer serious health problems that continue to worsen in custody. Human rights defenders Intigam Aliyev, Rasul Jafarov, and Anar Mammadli are also serving staggering sentences of 7.5 years, six years and three months (recently reduced from 6.5 years by the appellate court), and 5.5 years, respectively, all on politically motivated charges.

The situation for journalists is also dire. On 9 August, journalist and chairman of the Institute for Reporters’ Freedom and Safety Rasim Aliyev died in hospital after being severely beaten the previous day. Aliyev had reported receiving threats in the weeks leading to the attack, and the police failed to provide him with protection. This attack followed an earlier high-level threat against an Azerbaijani journalist, Berlin-based Meydan TV Director Emin Milli, in connection with his critical reporting on the European Games. In addition to Ismayilova, journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu are also behind bars on politically motivated charges.

The Sport for Rights coalition reiterates its call for Ismayilova’s immediate and unconditional release, as well as the release of the other jailed journalists and human rights defenders in Azerbaijan. The coalition also calls for the Azerbaijani government to take immediate and concrete steps to improve the broader human rights situation in the country, particularly in the context of the upcoming November parliamentary elections. Without independent media coverage, including critical voices such as Ismayilova’s, the elections cannot be considered free and fair. Finally, Sport for Rights calls for greater vigilance by the international community to developments in the country, and increased efforts to hold the Azerbaijani government accountable to its international human rights obligations.

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 (HRHF)
Index on Censorship
International Federation for Human Rights (FIDH), within the framework of the Observatory for
the Protection of Human Rights Defenders
International Media Support (IMS)
International Partnership for Human Rights (IPHR)
NESEHNUTI
Norwegian Helsinki Committee
PEN American Center
People in Need
Platform
Polish Green Network
Solidarity with Belarus Information Office
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders