Civil society call on PACE to appoint a Rapporteur to examine the issue of political prisoners in Azerbaijan

Representatives of 42 international and national non-governmental organizations issue the appeal to the Parliamentary Assembly of the Council of Europe (PACE) to request the appointment of a Rapporteur to examine the situation of political prisoners in Azerbaijan.

Below is a short version of the document. Read the full statement here: csp_letter_to_pace_on_az_political_prisoners_12_june.pdf

Civil society groups report that today there are at least 100 prisoners held on politically motivated charges in Azerbaijan. Among them are dozens of religious activists, at least nine journalists, editors and bloggers as well as members of the political opposition, human rights defenders and several persons who have been imprisoned in retaliation for the actions of their relatives who have fled the country. The most notable cases include the continued imprisonment of former opposition Presidential candidate Ilgar Mammadov, investigative journalist Afghan Mukhtarli, the leader of Muslim Unity Movement Tale Baghirzade, and Mehman Huseynov, young blogger and journalist who documented corruption among high-ranking government officials through his YouTube posts.

It is time for PACE to take decisive action to tackle the issue of political prisoners in Azerbaijan in order to hold the authorities accountable for implementing the commitments undertaken upon the country’s accession to the Council of Europe in 2001.

Resuming the work started by Christopher Strässer will send a first strong signal to the Azerbaijani authorities to demonstrate that the Assembly will not tolerate a continuation of this systematic repressive practice which has no place in a Council of Europe Member State. As politically motivated imprisonment violates the underlying principles of the Council of Europe, appointing a Rapporteur with the mandate to investigate the issue and make recommendations is consistent with the mandate of the organisation.

Reiterating our concerns about the widespread use of politically motivated imprisonment in Azerbaijan we, the undersigned civil society organizations call upon the members of the Committee on Legal Affairs and Human Rights the PACE, which has been mandated to make a decision on this matter, to:

  1. Appoint a Rapporteur to examine the issue of political prisoners in Azerbaijan;
  2. Ensure that the Rapporteur is appointed through a fully transparent process and in close consultation with civil society.

Signatures:

  1. ARTICLE 19 (United Kingdom)
  2. Association UMDPL (Ukraine)
  3. Austrian Helsinki Association (Austria)
  4. Bir Duino (Kyrgyzstan)
  5. Center for Civil Liberties (Ukraine)
  6. Center for Participation and Development (Georgia)
  7. Centre de la protection internationale (France)
  8. Centre for the Development of Democracy and Human Rights (Russia)
  9. Citizens’ Watch (Russia)
  10. Crude Accountability (USA)
  11. Freedom Files (Russia/Poland)
  12. Freedom Now (United States)
  13. German Russian Exchange – DRA (Germany)
  14. Helsinki Association (Armenia)
  15. Helsinki Foundation for Human Rights (Poland)
  16. Human Rights Club (Azerbaijan)
  17. Human Rights House Foundation (Norway)
  18. Human Rights Information Center (Ukraine)
  19. Human Rights Monitoring Institute (Lithuania)
  20. humanrights.ch (Switzerland)
  21. Index on Censorship (United Kingdom)
  22. International Partnership for Human Rights (Belgium)
  23. Italian Coalition for Civil Liberties – CILD (Italy)
  24. Kazakhstan International Bureau for Human Rights and the Rule of Law (Kazakhstan)
  25. Legal Policy Research Center (Kazakhstan)
  26. Macedonian Helsinki Committee (Macedonia)
  27. Moscow Helsinki Group (Russia)
  28. Netherlands Helsinki Committee (The Netherlands)
  29. Norwegian Helsinki Committee (Norway)
  30. OMCT (Switzerland)
  31. Promo LEX (Moldova)
  32. Protection of rights without borders (Armenia)
  33. Public Alternative (Ukraine)
  34. Public Association “Dignity” (Kazakhstan)
  35. Public Verdict Foundation (Russia)
  36. Regional Center for Strategic Studies (Azerbaijan/Georgia)
  37. SOLIDARUS (Germany)
  38. The Barys Zvozskau Belarusian Human Rights House (Belarus)
  39. The Kosova Rehabilitation Centre for Torture Victims (Kosovo)
  40. The Swedish OSSE Network (Sweden)
  41. Truth Hounds (Ukraine/Georgia)
  42. Women of the Don (Russia)

Individual signatories from Azerbaijan

  1. Zohrab Ismayil, Open Azerbaijan Initiative
  2. Khalid Baghirov, lawyer
  3. Khadija Ismayilova, investigative journalist
  4. Akif Gurbanli, Democratic Initiatives Institute

Guilty verdicts against the Cumhuriyet journalists and executives must be overturned

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Cumhuriyet

Turkish newspaper Cumhuriyet has a history of tangling with the country’s governments.

We, the undersigned freedom of expression and human rights organisations, strongly condemn last night’s guilty verdicts for staff and journalists of Cumhuriyet newspaper and note the harsh sentences for the defendants. The verdict further demonstrates that Turkey’s justice system and the rule of law is failing: this was a trial where the ‘crime’ was journalism and the only ‘evidence’ was journalistic activities.

While three Cumhuriyet staff were acquitted, all the remaining journalists and executives were handed sentences of between 2 years, 6 months and 8 years, 1 month. Time already served in pretrial detention will likely be taken into consideration, however all will still have jail terms to serve, and those with the harshest sentences would still have to serve approximately 5 years. Travel bans have been placed on all defendants, barring the three that were acquitted, in a further attempt to silence them in the international arena.

Several of our organisations have been present to monitor and record the proceedings since the first hearing in July 2017. The political nature of the trial was clear from the outset and continued throughout the trial. The initial indictment charged the defendants with a mixture of terrorism and employment related offenses. However, the evidence presented did not stand the test of proof beyond reasonable doubt of internationally recognizable crimes. The prosecution presented alleged changes to the editorial policy of the paper and the content of articles as ‘evidence’ of support for armed terrorist groups. Furthermore, despite 17 months of proceedings, no credible evidence was produced by the prosecution during the trial.  

The indictment, the pre-trial detention and the trial proceedings violated the human rights of the defendants, including the right to freedom of expression, the right to liberty and security and the right to a fair trial. Furthermore, the symbolic nature of this trial against Turkey’s most prominent opposition newspaper undoubtedly has a chilling effect on the right to free expression much more broadly in Turkey and restricts the rights of the population to access information and diverse views.  

“We observed violations of the right to a fair trial throughout the hearings. Despite the defence lawyers arguing that the basic requirements for a fair trial, such as an evidence-based indictment, were lacking these arbitrary sentences were handed down in order to attempt to intimidate one of the last remaining bastions of the independent press in Turkey,” said Turkey Advocacy Coordinator, Caroline Stockford.

The defence team repeatedly relied on the rights enshrined in the Turkish Constitution, as well as the case law of the European Court of Human Rights, demonstrating the importance of European human rights law to Turkey’s domestic legal system.

“‘Journalism is not a crime’ was declared again and again by the defendants and their lawyers and yet, despite the accusations containing no element of crime, the defendants served a collective total of 9.5 years in pretrial detention, and were found guilty at the end of an unfair trial,” said Jennifer Clement, President of PEN International.

Speedy rulings on legal cases of Turkish journalists, which include the Cumhuriyet cases of Murat Sabuncu and others and staff writer Ahmet Şık cases, pending before the European Court of Human Rights (ECtHR) are crucial. This is not only to redress the rights violations of the many journalists still languishing in detention, but also to defend the independence and impartiality of the judiciary itself in Turkey. The Cumhuriyet case and other prominent trials against journalists clearly demonstrate that the rule of law is totally compromised in Turkey then there is little hope for fair or speedy domestic judicial recourse for any defendant.

“The short three hours of deliberation by the judicial panel did not give the impression that the case was taken seriously. The 17 months during which there have been 7 hearings of this utterly groundless trial have damaged independent journalism in Turkey at a time when over 90% of the media is under the sway of the administration,” said Nora Wehofsits, Advocacy Officer, European Centre for Press and Media Freedom (ECPMF).

The guilty verdicts against the Cumhuriyet journalists and executives must be overturned and the persecution of all other journalists and others facing criminal charges merely for doing their job and peacefully exercising their right to freedom of expression must be stopped. The authorities must immediately lift the state of emergency and return to the rule of law. The independence of the Turkish courts must be reinstated, enabling it to act as a check on the government, and hold it accountable for the serious human rights violations it has committed and continues to commit.

In light of the apparent breakdown of the rule of law and the fact that Turkish courts are evidently unable to deliver justice, we also call on the ECtHR to fulfil its role as the ultimate guardian of human rights in Europe, and to rule swiftly on the free expression cases currently pending before it and provide an effective remedy for the severe human rights violations taking place in Turkey.

Furthermore, we call on the institutions of the Council of Europe and its member states to remind Turkey of its international obligation to respect and protect human rights, in particular the right to freedom of expression and the right to a fair trial, and to give appropriate priority to these issues in their relations with Turkey, both in bilateral and multilateral forums. In addition, the Council of Europe’s member states should provide adequate support to the ECtHR.

We also call on the European and International media to continue to support their Turkish colleagues and to give space to dissenting voices who are repressed in Turkey.

Amnesty International
Article 19
Articolo 21
Association of European Journalists (AEJ)
Committee to Protect Journalists (CPJ)
Cartoonists Rights Network International (CRNI)
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Freedom House
Global Editors Network
Index on Censorship
Initiative for Freedom of Expression
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Italian Press Federation
Norwegian PEN
Osservatorio Balcani e Caucaso – Transeuropa
Ossigeno per l’informazione
PEN America
PEN Belgium-Flanders
PEN Centre Germany
PEN Canada
PEN International
PEN Netherlands
Platform for Independent Journalism (P24)
Reporters without Borders
Research Institute on Turkey
South East Europe Media Organisation (SEEMO)
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Turkish authorities must halt their repression of Kurdish culture and language

[vc_row][vc_column][vc_column_text]The undersigned international press freedom groups call on Turkish authorities to immediately release the 12 printworkers and staff arrested on 28 March at the premises and print works of the newspaper Özgürlükçü Demokrasi and the further 15 staff taken into custody after home raids on the morning of 29 March 2018. Authorities must also restore control over the paper and its premises to the rightful owners.

The below-named organizations also denounce the fact that lawyers acting for those arrested have been denied contact with prosecutors or access to any written documentation in relation to the raids.

Two officials purporting to be from the Savings Deposit Insurance Fund (TMSF) are in place at the print works and premises of Özgürlükçü Demokrasi, a pro-Kurdish daily, and claim to be holding the sites until they receive further instructions. For its part, the TMSF, now part of the Ministry of Finance’s Directorate of National Estates and formerly an independent banking watchdog under the auspices of the Central Bank of the Republic of Turkey, has denied having received instructions to seize the newspaper’s assets.

According to lawyers acting for the detained printworkers and Özgürlükçü Demokrasi’s principal signatory İhsan Yaşar and Kasım Zengin the owner of Gün Printing Advertising Film and Publishing Inc, where the newspaper is printed, a press crimes investigation into the paper was opened on February 7. This was followed by a separate counter-terrorism investigation that began on March 23. It is believed that both investigations, of which no written notification has been made to the paper, are in relation to Özgürlükçü Demokrasi’s coverage of Turkey’s incursion into Afrin, northern Syria.

As the sole remaining Kurdish daily newspaper in Istanbul, Özgürlükçü Demokrasi is vital in maintaining the extremely fragile access to information that is not controlled by the state. Following the closure of other pro-Kurdish newspapers and television stations such as Azadiya Welat, IMC TV and Hayatın Sesi in 2016, Özgürlükçü Demokrasi is one of the last sources of pro-Kurdish daily printed news in Turkey.

“The Turkish authorities must halt their sustained repression of Kurdish culture and language. We are highly alarmed by the onslaught on Kurdish and pro-Kurdish media outlets and journalists that has intensified dramatically since the crackdown on freedom of expression since the attempted coup of July 2016, and now reached a new low point with this takeover of Özgürlükçü Demokrasi,” said Carles Torner, Executive Director of Pen International.

We, the signatories of this statement, strongly condemn the takeover of Özgürlükçü Demokrasi, which has taken place without any legal justification or documentation. We reject the denial of information and prosecutorial access to lawyers acting for Özgürlükçü Demokrasi’s arrested staff members.

“The government’s takeover of Özgürlükçü Demokrasi is extremely concerning,” said Joy Hyvarinen, head of advocacy at Index on Censorship, “We urge European and other governments to condemn the obliteration of free media in Turkey.”

We call for the release of the arrested staff members and printworkers and official confirmation from the TMSF of the legal status of the alleged acquisition of Engin Publishing Print Inc. — and the Gün Printing Advertising Film and Publishing Inc.

Katie Morris, Head of Europe and Central Asia Programme at Article 19 said: “The takeover of Özgürlükçü Demokrasi restricts the space for freedom of expression even further in Turkey and curtails the right of the public to access information on issues of public interest, particularly in relation to the on-going conflict in the South East of the country. We call for the authorities to cease harassing this newspaper and restore much-needed media freedom in Turkey.”

The takeover of one of the last remaining opposition newspapers follows the acquisition last week of Turkey’s largest media organization and newspaper distributor, Doğan Group, by Turkish conglomerate Demirören, whose media outlets are known for taking a pro-government stance. In the week prior to the purchase, an internet streaming bill was passed granting the Radio and Television Supreme Council (RTÜK) sweeping powers to monitor, license and block online streaming channels and news providers.

“This latest act against freedom press confirms that Erdogan wants to repress any free voice in Turkey. A firm position in Europe is needed to make pressure the Turkish government to restore the rule of law as soon as possible with the cessation of the state of emergency,” said Antonella Napoli member of Articolo 21 and coordinator of Free Turkey Media in Italy.

International Press Institute (IPI)’s Turkey Advocacy Coordinator Caroline Stockford said, “IPI strongly condemns yesterday’s raid and the government’s tactic of shutting down Özgürlükçü Demokrasi in an apparently illegal manner in order to silence dissenting voices in the run-up to the presidential elections. Despite the opportunity presenting itself at this week’s Varna summit, Europe failed again to strongly condemn Turkey’s repression of free media and free speech.”

The peoples of Turkey have a right to access informative opposition reporting in order to form a balanced opinion, especially in the lead up to an election. We call on Turkey to respect the human right to freedom of expression and to refrain from its practice of stifling all opposition media and to release the Özgürlükçü Demokrasi workers from detention.

We, the undersigned, call on European newspapers and governments to make clear statements to Turkey that access to balanced, critical reporting is essential to democracy and that the freedom of the press must be respected and maintained.

International Press Institute (IPI)
Pen International
European Centre for Press and Media Freedom (ECPMF)
The European Federation of Journalists (EFJ)
Association of European Journalists (AEJ)
Reporters Sans Frontières (RSF)
Article 19
Norwegian Pen
Index on Censorship
English Pen
Articolo 21
Committee to Protect Journalists (CPJ)
Pen Belgium/Flanders
Wales Pen Cymru
Pen Germany
Pen Club Français
Pen Suisse Romand[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1522334755757-294591af-d9eb-2″ taxonomies=”1743″][/vc_column][/vc_row]

Smockey: Burkinabe rapper and activist on European tour despite years of censorship

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Music in Exile Fellowship Winner Serge Bambara, aka Smockey (Photo: Elina Kansikas for Index on Censorship)

On 3 March in Belfort, France, Burkinabe rapper and activist Smockey began a two-month long European tour, despite having his studio destroyed twice in recent years. The rapper, whose given name is Serge Bambara, was the inaugural Index on Censorship Music in Exile Fellow in April of the same year. Just three months after the awards, his recording studio, Studio Abazon, was wrecked in a devastating fire.

“All my music files since 2001, including my master tapes and those of my productions and clients, were lost,” Smockey told Index in September 2016. Two years on, it remains unclear how the fire began.

Smockey’s studio was also bombed in September 2015 by armed forces loyal to Burkina Faso’s former president Blaise Compaoré. This was a vengeful attack for his political activism and music critical of Compaoré’s regime.

Despite these aggressive and censorious acts, Smockey continues to record and perform, combating different forms of injustice with each track. As the founder of the grassroots political movement Le Bilai Citoyen, which helped to oust Compaoré, he often promotes the progressive ideas of Burkina Faso’s former socialist leader Thomas Sankara. The Sankarist ideology involves advocating for women’s rights, fighting corruption and imperialism, and upholding the integrity of Burkinabe people, all of which are reflected in Smockey’s lyrics. La Bilai Citoyen translates as the “the citizen’s broom,” which is “a tribute to Thomas Sankara, who organised weekly street-cleaning sessions,” Smockey told the BBC.

In March 2018 Smockey told news website Africa is a Country that Sankara’s image was that of “simplicity, modesty, and integrity … a model for anyone aspiring to manage public property”. He also noted that Sankara had the “courage and determination to build a Burkina Faso of social justice and inclusive development.”

Although the uprising of 2015 was successful in ridding Burkina Faso of an oppressive twenty-seven-year regime, Smockey is not an enthusiastic supporter of the country’s current government led by the progressive former opposition leader Roch Marc Christian Kaboré. Smockey is still a watchdog for human rights violations within his country. “The ones who were our friends before the revolution can be our enemies today,” he told Quartz Africa in July 2016. “We helped them have this power, but we are not friends because we are still sentinels.” For example, his song Tomber la Lame takes aim at widespread Female Genital Mutilation throughout Africa.

Despite multiple attempts to stop his political and artistic expression, Smockey continues to create and share his music globally. Over six weeks he will perform throughout Europe, finishing his tour in Brussels, Belgium, on 14 April.

Smockey’s European Tour Dates and Locations 2018

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