22 May 2017 | Azerbaijan, Azerbaijan Statements, Campaigns -- Featured, Digital Freedom, Europe and Central Asia, Statements
Ilgar Mammadov
Today three years have passed since the European Court of Human Rights (ECtHR) delivered its judgment on the case of political prisoner Ilgar Mammadov, concluding that the Azerbaijani authorities had detained him to punish him for his criticism of the government. In spite of this ruling, and repeated calls for his release by Council of Europe bodies in follow-up to the ruling, the Azerbaijani authorities have persistently refused to execute the decision of the Court and free Ilgar Mammadov. In view of this, we, members of the Civic Solidarity Platform and the Sports for Rights Coalition, call on the Committee of Ministers of the Council of Europe to refer the case back to the ECtHR on the grounds of non-execution of the judgment. This is crucial to ensure justice for this wrongly imprisoned government critic, who has already spent more than four years behind bars, as well as to safeguard the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region.
Ilgar Mammadov, chair of the political opposition REAL party, was a well-known opponent of the regime when he was arbitrarily detained in February 2013. He attempted to stand in the 2013 presidential elections, gathering the required 40 000 signatures in support of his candidacy, which the Central Election Commission ruled as invalid.[i] He was also outspoken in his criticism of the policies of the authorities on his blog and in the media. Ilgar Mammadov was detained after monitoring and reporting on street protests in the town of Ismayilli in January 2013, which resulted in clashes with the police. He did not participate in these protests, but travelled to the region after they took place to observe developments and revealed the role of individuals with ties to the authorities in initiating the clashes. In spite of the lack of evidence llgar Mammadov was accused of instigating the Ismayilli clashes and on 17 March 2014, he was sentenced to seven years in prison on trumped-up charges of “organizing mass riots” and using “violence against police officers”. His sentence was upheld on appeal.
In a judgment issued on 22 May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated numerous provisions of the European Convention on Human Rights, including Articles 5.1, 5.4 and 6.2 on the right to liberty and security, the right to judicial review of one’s detention and the principle of presumption of innocence, as well as article 18 that limits the applicability of restrictions on rights. The Court concluded that Ilgar Mammadov had been detained without any evidence to reasonably suspect him of having committed a crime and that the actual purpose of his detention was to silence and punish him for criticizing the government and publishing information it was trying to hide.[ii]
In its follow-up to the ECtHR’s ruling, the Committee of Ministers of the Council of Europe — the body responsible for supervising the execution of ECtHR judgements — has repeatedly called on the Azerbaijani authorities to release Ilgar Mammadov. The Committee has examined this case as a matter of priority in its review of the execution of ECtHR judgments by Council of Europe member states and adopted a number of decisions and interim resolutions on it.[iii]
Other Council of Europe bodies, including the organization’s Secretary General, its Human Rights Commissioner and the President of its Parliamentary Assembly have also repeatedly called for Ilgar Mammadov to be released. However, the Azerbaijani authorities have flagrantly ignored these calls and refused to implement the ECtHR’s judgment and release Mammadov.
In view of the continued failure of the Azerbaijani authorities to implement the ECtHR’s decision on Ilgar Mammadov’s case, the Council of Europe’s Secretary General Thorbjørn Jagland launched an official inquiry into Azerbaijan’s implementation of the European Convention on Human Rights in December 2015.[iv]Under Article 52 of the Convention, the Secretary General may initiate an inquiry into how the domestic law of member states ensures the effective implementation of the Convention. This was the first time that Secretary General Jagland had taken such a measure and his initiative was welcome and important.
However, in November 2016, Azerbaijan’s Supreme Court nevertheless rejected an appeal submitted by Ilgar Mammadov on the basis of the ECtHR ruling and upheld his seven-year prison sentence. Thus, Ilgar Mammadov remains behind bars for no other reason than speaking out critically about those in power. This continued defiance by the Azerbaijani authorities leads us to conclude that further action is urgently required.
Therefore, we call on the Committee of Ministers to refer the case back to the ECtHR under Article 46.1 of the European Convention on Human Rights, which obliges the parties to the Convention to abide by the final judgment of the Court in any case to which they are parties. The Convention authorizes the Committee to take action to this end. Article 46.4 states: “If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.”
Ilgar Mammadov v. Azerbaijan has become a test case of the legitimacy of the Council of Europe. When commenting on the Supreme Court’s failure to uphold Azerbaijan’s obligation to execute the ECtHR judgment last year, Secretary General Jagland stated: “Azerbaijan’s flagrant disrespect of the European Convention on Human Rights undermines the entire scope of our cooperation” [and] “affects the 46 Member States of the Council of Europe who have a collective responsibility for the implementation of the Convention”.[v]
By resorting to the ultimate mechanism for addressing non-compliance of judgments set out by the European Convention on Human Rights, the Committee of Ministers can take resolute action to safeguard the Council of Europe’s integrity and ensure that the Azerbaijani authorities finally abide by their obligations under the Convention, implement the ECtHR ruling and free Ilgar Mammadov.
Signed by the following members of the Civic Solidarity Platform and the Sport for Rights Coalition:
1. Association of Ukrainian Human Rights Monitors on Law Enforcement (UMDPL, Ukraine)
2. Barys Zvozskau Belarusian Human Rights House
3. Bir Duino-Kyrgyzstan
4. Bulgarian Helsinki Committee
5. Center for Civil Liberties (Ukraine)
6. Center for Participation and Development (Georgia)
7. Center for Regional Strategic Studies (Azerbaijan)
8. Center for the Development of Democracy and Human Rights (Russia)
9. Civil Rights Defenders (Sweden)
10. Committee Against Torture (Russia)
11. Crude Accountability (USA)
12. Fair Trials (UK)
13. International Federation for Human Rights (FIDH, France)
14. Freedom Files (Poland)
15. Freedom House (USA)
16. Freedom Now (USA)
17. Helsinki Foundation for Human Rights (Poland)
18. Human Rights Center of Azerbaijan
19. Human Rights Club (Azerbaijan)
20. Human Rights Monitoring Institute (Lithuania)
21. Humanrights.ch (Switzerland)
22. IDP Women Association “Consent” (Georgia)
23. Index on Censorship (UK)
24. Institute for Reporters Freedom and Safety (Azerbaijan)
25. Institute Respublica (Ukraine)
26. International Partnership for Human Rights (IPHR, Belgium)
27. Kazakhstan International Bureau for Human Rights and the Rule of Law
28. Kosova Rehabilitation Centre for Torture Victims
29. Libereco – Partnership for Human Rights (Germany)
30. Moscow Helsinki Group (Russia)
31. Netherlands Helsinki Committee
32. Norwegian Helsinki Committee
33. Notabene (Tajikistan)
34. PEN America (USA)
35. PEN International
36. Promo LEX Association (Moldova)
37. Public Alternative (Ukraine)
38. Public Association “Dignity” (Kazakhstan)
39. Public Verdict Foundation (Russia)
40. Swedish OSCE Network: signed in personal capacity by Olof Kleberg and Anki Wetterhall
41. Truth Hounds (Ukraine)
42. Ukrainian Helsinki Human Rights Union
43. Women of the Don (Russia)
44. World Organisation Against Torture (OMCT) (Switzerland)
[i] In several rulings against Azerbaijan, the ECtHR has found that the practices of the Central Election Commission with respect to the validation of signatures violate Article 3 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to free elections.
[ii] The judgment is available at: http://hudoc.echr.coe.int/eng?i=001-144124
[iii] The most recent decision on this case adopted by the Committee of Ministers is available at: https://rm.coe.int/16806c4554
[iv] See press release at: http://bit.ly/2q8CRNI
[v] His statement is available at: https://www.coe.int/en/web/portal/-/azerbaijan-statement-by-secretary-general-jagland-on-the-decision-of-the-supreme-court-today-rejecting-the-appeal-by-ilgar-mammadov
19 May 2017 | Digital Freedom, Europe and Central Asia, Mapping Media Freedom, News and features
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Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are five recent reports that give us cause for concern.
15 May 2017 – The editor-in-chief of Cumhuriyet’s website, Oğuz Güven, was arrested on charges of spreading propaganda on behalf of a terrorist organisation.
The journalist was detained on 12 May when a headline used in the online version of the newspaper about a prosecutor who died in a car crash upset government supporters.
Cumhuriyet reported that Güven was taken to the İstanbul Police Department located on Vatan Street after his detention.
Also read: Turkey: International coalition slams Cumhuriyet arrests and media closures
15 May 2017 – Ukrainian President Petro Poroshenko signed a National Security and Defence Council decree that bans a number of Russian media and social media sites, including VKontakte and Odnoklassniki, along with search engine Yandex and email service Mail.ru.
The sanctions also apply to antivirus providers Kaspersky Lab and DrWeb. Ukrainian internet service providers will be forced to block access to these sites for three years.
According to Radio Liberty, economic sanctions have also been imposed against major Russian television stations TV Center, RBC, RTR, NTV-Plus, Zvezda, TNT, REN and OTR.
Sanctions have also been imposed against 1,228 individuals how are both citizens of Ukraine, Russia and other countries. According to Detector media, the sanction list includes 13 foreign journalists who are now prohibited from entering the territory of Ukraine for one year.
The list includes five journalists who are citizens of European countries: Magdalena Tasheva (Bulgaria), Novorossia News, Agency blogger David Berezitskyy (Poland), NTV television reporter Maxim Byerozin (Germany), Novorossia News Agency journalist and blogger David Hudzhets (Poland), head of Unified Information and Analytical Center Eurasia inform Vladimir Bukarskyy (citizen of Moldova).
Also the sanction list includes seven: Russian citizens: news agency Ruptly journalist Daniel Anisimov, First Channel CEO of the international network Alexey Efimov, Red Star media holding president Alex Pimanov, Izvestia newspaper editor-in-chief Alexander Potapov, Expert magazine editor-in-chief Valery Fadeev, Rossiyskaya Gazeta newspaper editor-in-chief Vladislav Fronin, Vzhlyad.ru online news outlet editor-in-chief Alex Sharavskyy.
Ukrainian citizen Olena Berezovska, who lives in Moscow and manages the Internet news outlet Ukraina.ru created by RT, is also on the sanction list. The ban is a continuation of government policies to block the activities of Russian companies in Ukraine after the annexation of Crimea and Russia’s military support of separatist groups in the Donbass region.
15 May, 2017 – Investigative crime reporter Håkan Slagbrand was assaulted in his home by an unknown man in the early morning. The assailant, who wore overalls, claimed to be a painter and spoke in English.
“I think this could be connected to some of my work from a while back on financial crime,” Slagbrand said.
He sustained injuries to his face during the assault. By the time police arrived, the assailant had vanished. Slagbrand had previously had a firebomb thrown at his car.
13 May, 2017- Prominent journalist Arbana Xharra has been assaulted by unknown individuals in a parking lot close to her apartment in the capital Pristina.
Xharra was beaten severely and brought to the hospital where she’s in stable condition, according to the police.
A few days before the attack, Xharra had announced that she was resigning from her work in journalism and joining the largest political party in the country, the PDK. She was the editor-in-chief of Zeri, the biggest newspaper in Kosovo. She is well-known for her investigative reporting on corruption and religious extremism.
12 May, 2017 – Chechen interior minister Ruslan Alkhanov told Interfax that the ministry will sue Novaya Gazeta after police checks the newspaper’s allegations on the detainment of gay people in the republic.
Akhanov said the allegation by Novaya Gazeta that more than 160 men were detained, 50 of which were killed (Novaya Gazeta only reported on three killings), “does not have any grounds and is fictitious”. He said no complaints of harassment were submitted to the police and hotline.
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Mapping Media Freedom
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/[/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:1495188040093-d2601eaf-7081-4″ taxonomies=”6564″][/vc_column][/vc_row]
12 May 2017 | Events
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Join notable free-thinkers from around the world for a weekend of discussions and debates on freedom of conscience and expression in the 21st century at a spectacular venue in central London during 22-23 July 2017.
On 24 July, an activist strategy meeting will be followed by body-painting in support of ex-Muslims, which will be open to the public.
The two-day conference will discuss censorship and blasphemy laws, freedom of and from religion, apostasy, the limits of religion’s role in society, LGBT and women’s rights, atheism, secular values and more.
Speakers from countries or the Diaspora as diverse as Afghanistan, Algeria, Bangladesh, Canada, Egypt, France, India, Iran, Iraq, Iraqi Kurdistan, Ireland, Lebanon, Malaysia, Morocco, Nigeria, Norway, Pakistan, Palestinian Territories, Poland, Saudi Arabia, Sudan, Sweden, Switzerland, Syria, Turkey, Tunisia, UK, Ukraine, US and Yemen will gather in London to defend freedom of conscience and expression and argue that freedoms are not western but universal.
The conference will highlight the voices of people on the frontlines of resistance – many of them persecuted and exiled – as well as address challenges faced by activists and freethinkers, elaborate on the links between democratic politics and free expression and conscience, promote secular and rights-based alternatives, and establish priorities for collective action.
Art and culture will be integral to the event as will lively debate with the dauntless use of the free word.
Full schedule: http://www.secularconference.com/agenda-2017/
Confirmed Distinguished Speakers:
A C Grayling, Philosopher
Aliaa Magda Elmahdy, Egyptian Feminist Activist
Alya Al-Sultani, British-Iraqi Vocalist and Composer
Ani Zonneveld, Founder and President of Muslims for Progressive Values
Annie Laurie Gaylor and Dan Barker, Co-Presidents of the Freedom From Religion Foundation
Armin Navabi, Founder of Atheist Republic
Asher Fainman, President of Goldsmiths Atheist Society
Benjamin David, Editor-in-Chief of Conatus News
Bonya Ahmed, Activist, Writer and Blogger at Mukto-Mona
Cemal Knudsen Yucel, Co-Founder and Chair of Ex-Muslims of Norway
Chris Moos, Secular Activist
Damon Conlan and Neil Edwards, Magicians
Dave Silverman, President of American Atheists
Deeyah Khan, Filmmaker
Djemila Benhabib, Author and Activist
Elham Manea, Yemeni-born Author and Human Rights Campaigner
Fariborz Pooya, Bread and Roses TV Presenter and Editor
Fauzia Ilyas, Founder of Atheist & Agnostic Alliance Pakistan
Gina Khan, One Law for All Spokesperson
Gita Sahgal, Director of Centre for Secular Space
Gona Saed, Co-Founder of Kurdistan Secular Centre
Gurpreet Kaur Bhatti, Award-winning Playwright
Halima Begum, Ex-Muslim Feminist Researcher and Blogger
Hassan Radwan, Agnostic Muslim Khutbahs blog
Houzan Mahmoud, Culture Project Co-Founder
Imad Iddine Habib, Founder of Council of Ex-Muslims of Morocco
Inna Shevchenko, FEMEN Leader
Iram Ramzan, Journalist and Founder of Sedaa
Ismail Mohamed, Egyptian Atheist and Founder of Black Ducks Talk Show
Jane Donnelly and Michael Nugent, Atheist Ireland’s Human Rights Officer and Chairperson
Jodie Ginsberg, CEO of Index on Censorship
Karima Bennoune, UN Special Rapporteur in the Field of Cultural Rights
Karrar D. Al Asfoor, Co-founder of Atheist Alliance Middle East and North Africa
Kate Smurthwaite, Comedian
Kenan Malik, Author and Broadcaster
London Humanist Choir
Maajid Nawaz, Founding Chairman of Quilliam Foundation
Marieme Helie Lucas, Algerian Sociologist and Founder of Secularism is a Women’s Issue
Mario Ramadan, Co-Founder of Freethought Lebanon
Maryam Namazie, Iranian-born Rights Activist, Writer and Conference Organiser
Nadia El Fani, Tunisian Filmmaker
Nasreen Rehman, Co-Founder and Chair of British Muslims for Secular Democracy
Nina Sankari, Polish Atheist Activist
Noura Embabi, Muslim-ish President
Peter Tatchell, Human Rights Campaigner
Pragna Patel, Director of Southall Black Sisters
Rana Ahmad, Head of the RDF Arab Atheist Community
Rayhana Sultan, ExMuslimBecause
Richard Dawkins, Author and Scientist (subject to availability)
Sadia Hameed, Spokesperson of the Council of Ex-Muslims of Britain
Sanal Edamaruku, Founder and President of Rationalist International
Sarah Haider, Co-Founder of Ex-Muslims of North America
Sarah Peace, Nigerian Artist and Director of Fireproof Library
Savin Bapir Tardy, Counselling Psychologist for The Iranian and Kurdish Women’s Rights Organisation
Shabana Rehman, Performance Artist and Human and Animal Rights Advocate
Shelley Segal, Singer/Songwriter
Tasneem Khalil, Swedish-Bangladeshi Journalist and Editor of Independent World Report
Teresa Gimenez Barbat, MEP, Group of the Alliance of Liberals and Democrats for Europe and Euromind
Victoria Gugenheim, Award-winning Body Artist
Waleed Al Husseini, Palestinian Writer and Founder of Council of Ex-Muslims of France
Yasmine Mohammed, Confessions of an ExMuslim
Yasmin Rehman, Women’s Rights Campaigner
Zehra Pala, President of Atheism Association of Turkey
Zineb El Rhazoui, Moroccan-born Columnist for Charlie Hebdo
Speaker biographies available here: http://www.secularconference.com/speakers-2017/
For more information, contact Maryam Namazie, [email protected].uk.
The conference is sponsored by: Alliance of Liberals and Democrats for Europe; Atheist International Alliance; Bread and Roses TV; Center for Inquiry; Centre for Secular Space; Council of Ex-Muslims of Britain; Culture Project; Euromind; Equal Rights Now; Fitnah; Freedom from Religion Foundation; National Secular Society; One Law for All; Richard Dawkins Foundation for Reason and Science; Southall Black Sisters; and Secularism is a Women’s Issue.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
When: 22-24 July
Where: Central London
Tickets: From £65 via Secular Conference No tickets will be sold at the door.
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26 Apr 2017 | Digital Freedom, Europe and Central Asia, France, Greece, Mapping Media Freedom, News and features, Russia, Ukraine
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Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are recent reports that give us cause for concern.
Nikolay Andruschenko, an investigative correspondent for weekly newspaper Novyi Petersburg died on 19 April after being subjected to two brutal assaults in March, Open Russia reported.
Alevtina Ageyeva, the director of Novyi Peterburg, told Mapping Media Freedom that on 9 March, two unknown individuals approached him near his house and demanded that he hand over documents and materials relating to an ongoing investigation into abuse of power by police officers.
When Andruschenko refused to cooperate, they hit him several times in the head and ran away. The journalist refused to file a complaint to the police.
The second assault took place a few days later. According to Ageyeva, she was called by the Mariinskaya hospital and told that Nikolay Andruschenko was in a critical state and being treated in the intensive care unit. He was found unconscious with a brain injury near his apartment.
Despite undergoing surgery he never recovered.
Although the local police have opened an investigation, Ageyeva doubts it will be conducted properly because of Andruschenko’s history of investigating cases of police corruption.
She is convinced that both assaults are related to Andruschenkov’s work as an investigative reporter.
Two reporters for Buzzfeed News, David Perrotin and Paul Aveline, were physically prevented filming a meeting with French presidential candidate Francois Fillon on 17 April.
The journalists were filming two people who had interrupted Fillon’s meeting by shouting “Give the money back!” and were detained by the police when members of the candidate’s security staff physically prevented them from filming.
Guards first grabbed David Perrotin, pulling him by the collar, physically threatened him and demanded that he delete his video. A fuard then grabbed Aveline’s phone to prevent him from filming the scene.
At this point, according to Buzzfeed, a member of Fillon team said: “Throw them out.” It was only when the two journalists said they would write an article on the incidents that the members of the security team stopped threatening them.
During the same meeting, journalist Hortense Gerard, who works for BFMTV, was spat on. She later tweeted a photo of her sleeve covered in spit.
Independent newspaper Novaya Gazeta has received “direct threats addressed to its journalists” following publications on harassment of gay people in Chechnya according to a statement they released.
It says: “On 1 April 2017, Novaya Gazeta wrote on mass detainment and torture of Chechen residents who were suspected of being homosexual. We know the names of three persons murdered and we know that the number of those who were killed is much higher.(…)”
The backlash in Chechnya has left the entire staff of the newspaper fearful, the Guardian reported.
According to official data, on 3 April around 15,000 people attended an urgent meeting of representatives from the republic’s Muslim communities in the central mosque in Grozny, the capital of Chechnya.
During the meeting, Adam Shakhidov, an adviser to the head of the Chechen Republic, Ramzan Kadyrov, publicly accused the editorial staff of Novaya Gazeta of defamation and called them “enemies of our religion and our motherland”. This was broadcast live by a local TV channel and led to aggressive comments on social media.
After the meeting, a resolution was accepted. The second paragraph states the following: “The centuries-old traditions of Chechen society, the dignity of Chechen men, and our faith have all been insulted, and we promise that those behind it will face reprisals, whoever they are and wherever they are.”
Novaya Gazeta has called on the Russian authorities to prevent the hate speech directed at journalists for doing their jobs. When Novaya Gazeta’s statement was published online, its website crashed and staff are convinced this was due to a DDoS attack.
The backlash was sparked by an 1 April story from reporter Elena Milashina and her colleague Irina Gordienko. In March, Milashina had discovered evidence that gay men were being detained, tortured and even killed in an anti-homosexual purge in Chechnya.
Milashina spoke to The Washington Post on Friday 14 April from an undisclosed location and said she was thinking of leaving the country because of safety concerns.
Unidentified assailants shot at journalists from investigative program Slidstvo.Info on 14 April. The journalists were filming the estate of oligarch Rinat Akhmetov around Kyiv, the Institute of Mass Information reported.
“Our reporters Maxim Opanasenko and Kirill Shapar were filming a new estate near Kyiv which belongs to Rinat Akhmetov,” Slidstvo.Info reported.
Unidentified individuals shot a meter and a half above the car where Slidstvo.Info journalists were seated, Maxim Opanasenko told IMI. “I didn’t see the gunman. We suspect this was intended to scare us because they saw our drone,” the journalist said.
He added that the journalists are planning to investigate who the shooters were. No journalists were injured according to the IMI report.
Journalist and publisher Kostas Vaxevanis was arrested following a libel lawsuit against him filed by Lina Nikolopoulou, who is married to Bank of Greece Governor Yiannis Stournaras, Naftemporiki newspaper reported.
On 9 April Vaxevanis published an article in the weekly newspaper Documento about Nikolopoulou, who he claimed had received up to €400,000 of state money for medical and pharmaceutical lobbying and conference work and Stournaras presence in these conferences as a lecturer.
Vaxevanis alleges that contracts for these services were awarded to Nikolopoulou without being offered for public tender.
“The Stournaras family is not struggling in a legal battle, as it pretends. Mr and Mrs Stournaras struggle for their survival. They are trying to cover the way they act and operate,” Vaxevanis wrote in a statement asking for support.
The party leading the Greek government, Syriza, issued a statement stressing that the lawsuit “directly challenges journalism and press freedom” and adding that “the report raises some critical questions about the public health area, which require serious and documented answers”.
Vaxevanis was released later the same day.
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