Nils Muižnieks: Azerbaijan’s reprisals against brave activists and journalists must stop now

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Council of Europe Commissioner for Human Rights Nils Muižnieks (Photo: Council of Europe)

I recently returned from one of the most difficult missions of my two-and-a-half year tenure as Council of Europe Commissioner for Human Rights. In late October I was in Azerbaijan, the oil-rich country in the South Caucasus, which just finished holding the rotating chairmanship of the 47-member Council of Europe. Most countries chairing the organisation, which prides itself as the continent’s guardian of human rights, democracy and the rule of law, use their time at the helm to tout their democratic credentials. Azerbaijan will go down in history as the country that carried out an unprecedented crackdown on human rights defenders during its chairmanship.

All of my partners in Azerbaijan are in jail. It was heart-wrenching to visit Leyla Yunus in pre-trial detention outside of Baku, Azerbaijan’s capital. Head of the Institute for Peace and Democracy, Leyla is Azerbaijan’s most prominent human rights activist and one of three finalists for this year’s prestigious Sakharov award, granted by the European Parliament. I do not know whether it was due to her cataracts or her emotional distress, but she cried throughout our half-hour meeting. The 58-year-old also has diabetes, Hepatitis C and kidney problems. She was in particular anguish for not having had the chance to see Arif, her husband of 26 years, for more than three months. He is also in pre-trial detention, despite having had a stroke just prior to his arrest.

The Yunus couple are among the brave activists in the region that have sought to promote dialogue with their counterparts in Armenia, a country with which Azerbaijan has been at war for the last 25 years over the Nagorno-Karabakh region, which was violently wrested from Azerbaijan as the Soviet Union collapsed. Arif and Leyla Yunus have both been charged with the crime of treason. Leyla regularly compiled lists of the country’s political prisoners for submission to international organisations. On October 24, the day I left Azerbaijan, a Baku court prolonged Leyla’s pre-trial detention for another four months.

Another difficult meeting was with Intigam Aliyev, one of Azerbaijan’s most renowned human rights lawyers, who is also in pre-trial detention for allegedly violating the restrictive provisions that make human rights work virtually impossible in the country. Until his arrest three months ago, Intigam was the co-ordinator of the Council of Europe’s legal training programme in the country. He was also legal counsel for dozens of cases against Azerbaijan before the European Court of Human Rights. When the authorities seized all of his documents, including the case files, he said he felt like the rug had been pulled from under his feet. He did not know how he could continue pushing the cases at the European Court or how he could defend himself. Again, the day I left Azerbaijan, his pre-trial detention was prolonged for another three months. When the judge announced his decision, Intigam nearly fainted.

I had a more upbeat meeting with Anar Mammadli, winner of this year’s Vaclav Havel prize, granted by the Parliamentary Assembly of the Council of Europe. Anar has already been convicted to a five-and-a-half-year prison sentence for violating the country’s cumbersome NGO laws (the formal charges were tax evasion, illegal entrepreneurship and abuse of authority). Anar was appealing his conviction and was in good spirits, despite the scant chances of success of his appeal. As one of the country’s most professional organisers of election monitoring, Anar had been harshly critical of several previous ballots in the country. Anar spends most of his time exercising and reading books on political science, philosophy and history. He wanted to know how from prison he could provide input to the Council of Europe’s efforts to assist Azerbaijan improve the legal framework for NGOs.

I also left heartened by a meeting with Rasul Jafarov, the head of an NGO called the Human Rights Club. Though he had had his pre-trial detention extended for another three months the day before I met him, Rasul was in good spirits. Rasul made a name for himself by organising a campaign called “Sing for Democracy” in the run-up to the holding of the Eurovision Song contest, which Azerbaijan hosted in 2012. He had planned to organise a new campaign called “Sports for Democracy” in the run-up to the holding of the European Games in Azerbaijan in 2015. Though he is charged with violations of the NGO law, as we bid farewell to each other, he related his plans to organise a human rights NGO among detainees.

While most of my partners are in detention, others discontinued their human rights work, left the country over the summer, or went into hiding as the crackdown spread. I visited one of the activists in hiding, Emin Huseynov, head of the Institute for Reporters’ Freedom and Safety, an NGO defending journalists in Azerbaijan’s restrictive media context. Though Emin is only 35 years old, he has very high blood pressure and an old spinal injury caused by an encounter with Azerbaijani police batons at an “unauthorised” demonstration a few years ago. Doctors who have examined him say he will not survive an Azerbaijani prison.

These are just some of the activists and journalists languishing in prison or under pressure in Azerbaijan. They are core partners for the Council of Europe – they have all attended roundtables for human rights defenders organised by my office or participated in events organised by the Parliamentary Assembly. The Council of Europe’s primary friends and partners in the country have almost all been targeted. While this pains me deeply, it also makes practical cooperation between Azerbaijan and the Council of Europe extremely difficult. The reprisals must stop. Now.

This article was originally posted on the Facebook page of the Council of Europe Commissioner for Human Rights. It is republished here with permission from the Council of Europe and the Council of Europe Office of the Commissioner for Human Rights.

Bahrain releases Zainab Al-Khawaja

Update: Bahrain will hold parliamentary elections on Saturday. Opposition groups including Al-Wefaq will boycott the vote, as leading member  Abdul-Jalil Khalil told the Associated Press “”These elections are destined to fail because the government is incapable of addressing the political crisis. The next parliament is going to be powerless and unrepresentative.”

In October, a Bahraini court suspended all Al-Wefaq activities for three months, including hosting rallies or press conferences. Just weeks before US State Department official Tom Malinowski was ordered to leave Bahrain after meeting with Al-Wefaq leaders.

In the last elections, held in 2010, before Arab Spring protests, the Bahraini governement claimed 67 percent voter turnout. Many doubt whether turnout will be as great to help narrow down the 419 candidates.

Bahrain human rights activist Zainab Al-Khawaja was released from prison on Wednesday after spending five weeks imprisoned. Al-Khawaja, who is more than eight months pregnant, must return to court on 4 and 9 December for her sentencing.

Al-Khawaja was arrested on 14 October after she ripped a picture of the king in court, where she faced charges for insulting the king.

“I am the daughter of a proud and free man,” Al-Khawaja said in court. “My mother brought me into this world free, and I will give birth to a free baby boy even if it is inside our prisons. It is my right, and my responsibility as a free person, to protest against oppression and oppressors.”

Maryam Al-Khawaja, Zainab’s sister, spoke with Index last month, urging the UK to speak out against human rights violations in Bahrain.

“It isn’t that the people who are being arrested will stop doing what they do, because I don’t think that they will and I think the past four years have been evidence to that,” Maryam said. “My worry is that those people become voiceless. Those people become people who are not heard or seen or cared about. Because that’s when the Bahraini government will find the platform to do whatever they want to do to those people. ”

Maryam also spent time in prison recently and will return to court on 1 December. Their father remains imprisoned.

Nabeel Rajab, President of the Bahrain Center for Human Rights and director of the Gulf Center for Human Rights (GCHR), was recently released on bail after his 1 October arrest. Rajab was imprisoned for “denigrating government institutions” on Twitter.

The GCHR released a statement calling for Rajab’s charges to be dropped.

“Bahrain has made international commitments to protect freedom of expression, yet it continues to jail human rights defenders who are simply exercising their right to free speech, whether via twitter or while speaking internationally about Bahrain’s problems,” said Khalid Ibraham, co-director of GCHR.

Rajab must return to court on 20 January 2015 and may not leave Bahrain until then.

Rajab was released in May after spending two years in prison for “making offensive tweets and taking part in illegal protests.”

This article was originally posted on 20 Nov 2014 indexoncensorship.org and was updated on 21 Nov 2014.

Recap report: Is it ever better to censor than to cause offence?

(Photo: Melody Patry)

(Photo: Melody Patry)

Should there ever be censorship of the arts was the subject of an Index/Bush Theatre debate, held last night. The event was provoked by the cancellation of Exhibit B in London, and Israeli play The City at this year’s Edinburgh Festival Fringe as well as controversy around this year’s Jewish Film Festival, all in the past few months.

Taking part in the debate were, among others: Stella Odunlami, artist and a cast member of Exhibit B; Zita Holbourne, artist, activist and co-organiser of the campaign to boycott the show; and Arik Eshet, artistic director of Incubator Theatre, which produced The City.

An Exhibit B performer Stella Odunlami told the audience: “We, a group of intelligent and informed actors and performers, have been censored and silenced by protestors, who truly have an ill-informed and misguided perspective of this significant and informative piece of work.

We are appalled, outraged, angry…extremely angry as artists, as human beings. We cannot believe that this is London in 2014. We are appalled that Exhibit B has been cancelled because of the actions of some of the demonstrators.”

Protester Zita Holbourne put her point of view as a poem, she said: “We said to them, Barbican please take that down, 2014 and you want to put black people in a cage? Then telling us you don’t understand our outrage!”

Read  their full statements, made to the audience, below.

Stella Odunlami read the statement from the London cast of Exhibit B

It is with utter disappointment that we write these words.

Exhibit B is an important work that has given us an education into the lives of other human beings. We believe everybody has the right to their specific story being told, and this work provided that platform, through the medium of art – living and breathing. It is a shame that these stories will no longer be heard, seen, nor felt. An even greater shame that those who were open and brave enough to purchase a ticket, have now been robbed of that experience.

Exhibit B afforded us the opportunity to explore and engage with our past, while reminding and reawakening us to its impact on the present.

To the 23,000 petitioners who complained that Exhibit B objectified human beings – you missed the point.

This is the 21st Century and we believe that everyone has a choice, a right, an entitlement, to do or say whatever they deem to be right for them. We can accept someone seeing the piece and not liking it-that’s fine. What we cannot accept about the events of Tuesday evening and the subsequent cancellation of Exhibit B, is the physical action that was taken outside of the Vaults, by a minority of the demonstrators who would not even entertain the thought of seeing the piece.

We, a group of intelligent and informed actors and performers, have been censored and silenced by protestors, who truly have an ill-informed and misguided perspective of this significant and informative piece of work.

We are appalled, outraged, angry…extremely angry as artists, as human beings. We cannot believe that this is London in 2014. We are appalled that Exhibit B has been cancelled because of the actions of some of the demonstrators.

We are artists who, after thoughtful and careful deliberation, decide what projects we want to work on. Grown men and women who decided that our contribution to Exhibit B would be worthwhile and important. Who, on Tuesday, were told, by way of the protestor’s force, that we couldn’t make creative and life decisions for ourselves.

That complete strangers knew what was best for us.

For all of us.

Our voices and ideas were deemed not worthy of being shared with the world. This is exactly what Exhibit B is about: we want to denounce oppression, racism and bigotry. We want to denounce actions like this. And the fact that this is still happening in London in 2014, proves even more why this piece is necessary.

The anger and vitriol and hysteria which the protestors have and continue to level at the company of Exhibit B, astounds us.

It doesn’t feel rational. It doesn’ t feel measured. There simply has not been room for an exchange of ideas.

There’s such vulnerability in holding a mirror up to humanity. No one wants to see a representation of themselves oppressed, but it doesn’t mean that we shouldn’t look.

We welcome protest, but surely it’s best to have as much information beforehand, so your opinion is truly informed. Surely as a protestor, you have a duty to ensure your ‘peaceful protest’ really is peaceful. And, surely your right to protest should not impact another person’s freedom of thought and speech.

We are actors and performers who believe that art should be meaningful. Challenging. Provoking.

Not only for us, as participating collaborators in the work, but also for the audience who witness the work.

This project afforded us the opportunity to be the most vulnerable, most on display, silently engaging and being engaged, while exploring themes around other, sex, race, and gender.

Exhibit B was created with love and sensitivity. We are intelligent creatives who made a brave choice to be part of a thought provoking piece of work. As Londoners, we are embarrassed that this has happened in our city, as the show has already been seen by 25,000 people from all over the world, and will continue to tour.

We would like to thank the Barbican for their immense support and Brett Bailey for his inspired work.

Zita Holbourne read Prejudice, Privilege, Power: A Poem for the Barbican (listen to it here)

Barbican announced a human zoo in town
We said to them, Barbican please take that down
2014 and you want to put black people in a cage?
Then telling us you don’t understand our outrage!

Strapped to plane seats, placed in iron masks
And nobody in a whole arts institution thought to ask
Our views before taking a decision to host
Then you have the bare faced audacity to boast

That you’ve placed black people in a human zoo
Going around talking about the good it can do
In challenging racist attitudes and views
But to listen to our concerns you refuse

Shackles and cages at £20 per ticket
But you don’t get why we organised a picket
We don’t need to see a black woman shackled to a bed
To know that racism is rearing its ugly head

We’re forced to battle daily with modern day enslavement
Power and privilege versus our self-empowerment
You are arrogant telling those of us that live with racism every day
What is or is not racist, like we don’t have a say

Let’s make clear that a boycott campaign is not censorship
For your actions and failures you must take ownership
We don’t need a lecture on what it is to be banned
We’re treated like third class citizens in this land

Blocked by institutions, so take a moment, pause
Think about the anger and pain you cause
By insulting our ancestors, our histories
Adding insult to our multiple injuries

If anything is censored it’s the art we produce
Rejected repeatedly by art institutions that refuse
To acknowledge our stories told by us through art
We’ve never had a level playing field from the start

We have a legitimate right to protest
It’s disingenuous of you to suggest
That our demonstration was aggressive
When it was simply passionate and expressive

Using the very arts that you claim to stand for
To demonstrate our strength of feeling outside the door
We made music, danced, lifted our voices in song
Displayed placards that had our beautiful art on

Yet you state that we were extreme and threatening
In contrast, press there say we were peaceful and welcoming
Police confirm there was no damage, injury or arrest
So perhaps it’s you trying to censor our right to protest

Their singing was threatening is what the headlines say
Brandishing placards and drums that barred the way
You accuse us of blocking freedom of expression
But then you call our expression aggression!

What does this say about you as a leading arts institution?
When you resort to this vicious persecution
Barbican you are cowardly and insincere
Resorting to this malicious smear

You simply confirm what we said from the start
You are defending racism in the name of art
When prejudice, privilege and power are combined
Institutional racism becomes clearly defined.

Arik Eshet, Artistic Director of Incubator Theatre, spoke via Skype about the cancellation of The City at the Edinburgh Fringe Festival

The Index/Bush Theatre debate was part of the RADAR Festival.

This article was posted on 14 November 2014 at indexoncensorship.org

30 Oct: We Are the Giant screening + discussion at BFI

Index on Censorship is partnering with the BFI and others for a screening of We Are the Giant – a documentary featuring inspirational and gripping stories of three individuals who spoke their minds during the Arab Spring including Bahraini activist Maryam Al-Khawaja. The screening will be followed by a discussion featuring Maryam and Index on Censorship’s Melody Patry.

Directed by award-winning filmmaker Greg Barker and first presented at the Sundance Film Festival 2014, We Are the Giant tells the stories of three ordinary individuals who are transformed by the critical, moral and personal challenges they encounter when standing up for what they believe is right during the Arab Spring.

The screening will be followed by a panel discussion featuring Bahraini human rights activist Maryam Al-Khawaja with Greg Barker (film director), Kristyan Benedict (Amnesty International) and Melody Patry (Index on Censorship). The chair will be New York Times columnist and Arab spring authority Roger Cohen.

WHEN: Thursday 30th October, 6.20pm
WHERE: BFI Southbank, London
TICKETS: Available to buy here