Jodie Ginsberg: Five things you need to know before visiting Azerbaijan

baku

London-based daily newspaper Metro ran a feature this month extolling the delights of Baku, the capital of Azerbaijan. The photo-driven feature article comes at a time when the government of President Ilham Aliyev is ratcheting up pressure on dissenters, including denying independent news outlets the kind of freedoms that a paper such as Metro, whose parent company is outspoken on the importance of press freedoms, enjoys in the UK.

Despite attempts to present itself to the outside world as a modern and open society — in part through a concerted international PR campaign — Azerbaijan has a woeful human rights record and continues to arrest, detain and harass any opponents to the regime of President Ilham Aliyev. In the last few months, many campaigners and activists have been arrested in an attempt to silence them.

Metro highlighted 10 things to do in Baku. Here we list just five things you need to know about Azerbaijan before you go. We ask our supporters and all those who care about a free press and free expression to draw attention to these so we can counter the whitewash of the Aliyev regime.

There is an ongoing crackdown on government critics


A number of high profile Azerbaijanis known for their criticism of authorities have been jailed in a matter of weeks. These include human rights activists Leyla and Arif Yunus and Rasul Jafarov, human rights lawyer Intigam Aliyev and journalist Seymur Hezi. This new wave of repression followed the jailing of two human rights defenders who lead the only independent group monitoring elections in Azerbaijan.

Independent media is silenced


Azerbaijan’s last independent newspaper Azadliq, which was named 2013 Guardian Journalism award winner at the Index Freedom of Expression awards in March 2014, was forced to suspend printing in July because of financial pressures from the government. This is a familiar pattern for Azerbaijan’s critical press, which has long been subjected to an array of attacks. Independent news outlets face economic sanctions and are often barred from distribution networks. Journalists are also victim to legal threats. In the first six months of 2013, 36 defamation suits were brought against media outlets or journalists. Award-winning investigative journalist Khadija Ismayilova was subjected to an aggressive smear and blackmail campaign in retaliation for her coverage of government corruption and continues to be targeted by authorities.

Internet users are targeted


Ahead of last year’s election Azerbaijan extended penalties for criminal defamation and insult to cover not just traditional media, but also online content, including social networks. The potential length of pre-trial detention has increased from 15 to 90 days. In May, a university student and member of the Free Youth organisation, was arrested for a Harlem Shake video posted on YouTube. A human rights defender was sentenced to four years in jail on hooliganism charges after posting videos on YouTube containing interviews with victims of a gang they alleged had connections to local police officers. A freelance journalist who was outspoken in his criticism of the government on social media was given a four-and-a-half-year prison sentence on charges that included appealing for mass disorder.

Artists are censored


Despite the fact that Azerbaijan has committed to respect and protect artistic freedom of expression, authorities restrict this right. This is especially the case for alternative artists and those deemed to be critical of the government, whose ability to perform, display, or disseminate their work is limited. Self-censorship is one consequence of this, with many artists shying away from producing critical or controversial work for fear of the possible consequences. Musician Jamal Ali, who has spoken out against President Aliyev, was allegedly tortured by the police.

Democratic principles are ignored


Current president Aliyev has been in power since 2003, when he took over from his father Heydar, and in 2009 he removed term limits for the presidency. According to the international observer mission, the October 2013 election “was undermined by limitations on the freedoms of expression, assembly and association”, with “significant problems” observed throughout election day. The 2003 and 2008 votes also failed to meet international standards. Transparency International has called Aliyev’s government the most corrupt in Europe. Meanwhile, authorities have engaged in a wide-reaching international PR campaign. In 2012, the country was given a chance to project a positive image to the world through hosting the Eurovision Song Contents. Preparations included urban renewal programs that saw homes demolished and families evicted. It remains to be seen what will happen next year, when the inaugural European Games come to Baku.

This article was published on Wednesday 17 Sept 2014 at indexoncensorship.org

Azerbaijan: Azadliq journalist detained in continuing crackdown

Awards Azadliq qazeti

Seymur Hezi, a reporter working for Azadliq, Azerbaijan’s last independent newspaper, was sentenced to a two month pretrial detention on Monday, charged with disorderly conduct. This morning, journalist Khadija Ismayilova was detained at the Baku airport, according to the Institute for Reporters’ Freedom and Safety (IRFS).

Hezi’s arrest is another sign of the continuing clampdown by Azerbaijan’s authoritarian government on civil society. The journalist was charged with an alleged attack on a person in the street, although his lawyers claim he was trying to protect himself after he had been harassed and attacked.

It is not the first time charges of hooliganism and disorderly conduct have been applied against opposition politicians, civil society activists and journalists in Azerbaijan. In previous years, the same charges were used to imprison critical journalists Sardar Alibeili and Ganimat Zahid as well as bloggers Emin Milli and Adnan Hajizadeh.

“Seymur Hezi’s arrest is a serious blow against our newspaper. He is one of the brightest Azerbaijani analysts and journalists, and a true intellectual,” Rahim Haciyev, acting editor of Azadliq newspaper, told Index.

Haciyev said he is sure Hezi’s arrest is the result of a planned provocation and the journalist is prosecuted for publishing critical articles on the authorities in the newspaper, as well as in his online TV program “Azerbaijani Hour”, which he scripts and hosts.

The journalist’s arrest came only a month after the newspaper he works for, Azadliq, was forced into suspension of publication due to financial pressure from the authorities. Now it exists only in its online version.

The authorities of Azerbaijan continue their clampdown on the civil society of the country. Well-know human rights defenders Rasul Jafarov, Intigam Aliyev, Leyla Yunus and her husband Arif Yunus are still behind bars after they were all sentenced to 3 months of pretrial detention. The office of the Institute for Reporters’ Freedom and Safety (IRFS) was searched and sealed.

This wave of repression is connected to new legislation in place in Azerbaijan that restricts the freedom of association. In fact the new law makes it illegal for unregistered civil society organisations to receive funds for their activities.

This article was posted on 5 Sept 2014 at indexoncensorship.org

Azerbaijan: Letter from imprisoned human rights activist Rasul Jafarov

Rasul Jafarov in September 2013 (Photo: Melody Patry)

Rasul Jafarov in September 2013 (Photo: Melody Patry)

In early August, Azerbaijani human rights activist Rasul Jafarov was charged with tax evasion, illegal entrepreneurship and power abuse and sentenced to three months of pre-trial detention, as part of a crackdown on the country’s human rights groups and dissident voices. This is his appeal to the international community. 

Ladies and gentlemen, dear friends,

I would like to bring to your attention that the charges brought against me are completely unlawful and groundless. One might ask why? Because,

  • I was registered as an individual entrepreneur with the tax authorities on 25 August 2008 and obtained a taxpayer identification number (TIN). From that time up until now, I fully and timely paid relevant taxes and social insurance contributions in accordance with the funds paid to me for my services under the projects in which I was involved. It can be easily verified by sending an inquiry to tax agencies.
  • The Human Rights Club was founded in December 2010, and at the founding meeting I was elected the chairman of the organisation. The Human Rights Club has repeatedly applied to the ministry of justice for registration, but due to unjustified and unlawful denial of state registration, appeals were made to all relevant courts in Azerbaijan, and at present this case is pending before the European Court [of Human Rights]. The process of seeking registration and filing appeals continued from 2011 till 2013; since the legislation during this period did not prohibit the activity of unregistered NGOs, we, as the Human Rights Club, implemented a variety of projects during the years 2011-2013. Each of these projects was carried out under the grant agreements signed with donor organisations which I have voluntarily presented to the prosecutor general’s office. Also, at the time of signing of these agreements, the ministry of justice was informed through relevant letters sent to this state body. Moreover, the funds under each grant were transferred not in a secret or non-transparent manner, but through transfers to the bank accounts open and accessible for law enforcement and other relevant agencies, with the purpose of each transfer being indicated as “grant”. Since the Human Rights Club (HRC) was not registered, as the chairman of the HRC the transfers were made to my bank accounts. In this case, what kind of illegal entrepreneurship or abuse of office or tax evasion one can talk about?

You may wonder then why I was arrested. Let’s pay attention to the projects examined by the investigators and covered by the indictment:

  • Human rights campaign related to Eurovision — Sing for Democracy; Art for Democracy campaign that uses different types of art to promote and protect human rights; increasing voter turnout on the eve of elections and so on. Along with being in the spotlight of the local and international community, all of these projects were targeted in libellous and insulting articles of the pro-government media which also included the ruling party’s official newspaper Yeni Azerbaijan.
  • Azerbaijani government argues everywhere and at the highest level that there are no political prisoners in Azerbaijan. However I and my colleagues do not argue, but prove that there are political prisoners in Azerbaijan.
  • During the session of the parliamentary assembly of the Council of Europe held in June 2014, i.e. shortly before my arrest, a roundtable was held on the gravity of the human rights situation in Azerbaijan. I was the person who was directly involved in determination of everything from the technical aspects to the content of the roundtable (together with Intigam Aliyev, Emin Huseynov and Rashid Hajili who are currently persecuted). I was also involved in organising the flash-mob held by our young friends on the day of Ilham Aliyev’s speech. And finally, in the past 2-3 years everyone was asking half-joking, half-serious, when I was going to be arrested. It happened, and now I’m looking forward to your support! Thank you everyone

Sincerely,

Rasul Jafarov

Baku Pre-Trial Detention Center (Kurdakhani settlement)
14 August 2014

Letter: Wave of repression in Azerbaijan

Mr Thorbjørn Jagland
Secretary General of the Council of Europe
67075 Strasbourg Cedex
France

Fax: +33 3 88 41 27 99
Email: [email protected]

13 August 2014

Re: Wave of repression in Azerbaijan

Dear Secretary General,

We are writing to you to express our concern and disappointment with your 11 August 2014 public statement, following your agreement with President Ilham Aliyev that a joint Committee between the Presidential Administration and representatives of the civil society, established in 2005, would be re-convened. You called this initiative “a good opportunity to go through the charges brought against the human rights defenders and to re-launch dialogue between the authorities and civil society.”

This announcement comes in the midst of an “unprecedented repression against civil society leaders in Azerbaijan.”[1]

Just in the last days many indispensible voices were indeed arrested in an attempt to silence them: a well-known and widely respected human rights defender Rasul Jafarov[2]; human rights defenders Leyla Yunus, a Chevalier of the National Order of the Legion of Honour as a tribute for her longstanding work promoting human rights; and human rights lawyer Intigam Aliyev, “a man who many refer to as ‘müəllim’, or ‘teacher’ – an honorific that in Azerbaijan bestows the utmost respect, who […] taught, educated, trained, and provided guidance to Azerbaijan’s newest generation of human rights defenders.”[3] Intigam Aliyev is also engaged as a regional tutor in the Human Rights Education for Legal Professionals (HELP) programme of the Council of Europe.

This new wave of repression comes after the sentencing on 26 May of Anar Mammadli and Bashir Suleymanli to respectively 5 years and 6 months and 3 years and 6 months imprisonment. Those two human rights defenders are the leaders of the only independent group monitoring elections in Azerbaijan. At the same time, 8 activists of NIDA, a non-governmental youth movement, were convicted on charges of hooliganism, possessing drugs and explosives as well as intent to cause public disorder. On Friday, 4 July, another NIDA activist, Ömar Mammadov was sentenced to 5 years imprisonment on charges of drug possession with the aim of selling it.

We are disappointed that you have abstained from any public comment on the charges against the human rights defenders. The Council of Europe Commissioner for Human Rights considers the charges against Rasul Jafarov and the travel ban against Emin Huseynov as “another disturbing illustration of how human rights defenders in Azerbaijan are systematically threatened with an instrumental use of criminal suits.”[4] In her statement issued on 3 August 2014,[5] the rapporteur on human rights defenders of the Parliamentary Assembly of the Council of Europe Mailis Reps denounced Leyla Yunus’ arrest and detention and expressed “concern for the true motivation underlying the charges levied against her,” calling the arrest “another example of the unrelenting suppression of independent voices and crackdown on civil society in the country. This is an unacceptable violation of Azerbaijan’s duties as a member of the Council of Europe.”

We are surprised that you did not publicly call for the release of the detained human rights defenders, at least from the pre-trial detention, which is not necessary[6] and presents a risk to the heath condition of Leyla Yunus. Intigam Aliyev and Arif Yunus also have problematic health conditions.

It is unclear to us which committee you refer to, and we understand it is in fact a working group established in 2005 on political prisoners in the country. The people, who have been over the last years working on the issue of political prisoners in the country and on core human rights issues, are now behind bars or left the country for security reasons. The civil society in Azerbaijan has grown in size and developed in professionalism in the last decade, and now includes strong voices for the promotion of human rights, such as the Institute for Reporters’ Freedom and Safety (IRFS), which was sealed whilst you spoke with President Aliyev on 11 August.[7] Who will today choose the representatives of Azerbaijani civil society in that working group?

To launch a dialogue platform in these conditions and without first step by the government, meaning the unconditional and immediate release of human rights defenders, will at best be ephemeral, and might possibly be counterproductive. How will this group operate without the key professional and defenders who are now jailed or detained? There is no need to “go through the charges brought against the human rights defenders”; they just need to be dropped because they are unfounded and unfair, and indeed based on laws, which de facto criminalise the work of human rights defenders. As Secretary General, you indeed give the impression that you endorse policies by which governments can choose their civil society, fostering it with support for loyal voices and repression for critical voices, contrary to the values embodied by the Council of Europe.

Those persecuted and arrested human rights defenders in Azerbaijan are also the ones, which inform and cooperate with institutions of the Council of Europe, including yourself. They have international recognition and wide outreach. In June 2014, when President Aliyev addressed the Parliamentary Assembly of the Council of Europe, Emin Huseynov, Rasul Jafarov and Intigam Aliyev together organised a side-event in Strasbourg, critical of the Azerbaijani human rights record. This wave of repression is related to Azerbaijan’s chairmanship of the Council of Europe and indeed a reprisal against critical voices cooperating with and reporting to the Council of Europe mechanisms.

This reprisal did not start recently but started with the order to the Human Rights House Azerbaijan to cease its activities in March 2011, following an event organised by HRH Azerbaijan at the Parliamentary Assembly of the Council of Europe in January 2011.[8]

We believe that your role is to protect and defend Council of Europe institutions, including those cooperating with them. We therefore regret that you have not chosen to use your influence and the power of your office to call for immediate and unconditional release of those human rights defenders and have not condemned their arrest.

As said by the Commissioner in the statement quoted above “by stifling dissent, Azerbaijan is failing to comply with its international obligations which require safeguarding freedom of expression, assembly and association. It is necessary that Azerbaijan reverse the situation. A first step would be to free all those detained because of the views they expressed.”

Sincerely,

Jodie Ginsburg                          Florian Irminger                                                  Adela Pospichalovaon
Index on Censorship               Human Rights House Foundation                People in Need

For correspondence:

Florian Irminger
Head of Advocacy and HRHF’s Geneva Office
Human Rights House Foundation (HRHF)
Rue de Varembé 1, PO Box 35
1211 Geneva 20
Tel: +41 22 33 22 552
Fax: +41 22 33 22 559
Email: [email protected]

 

[1] Human Rights House Foundation’s press release of 9 August 2014, available at http://humanrightshouse.org/Articles/20335.html.

[2] More information on that case available at http://humanrightshouse.org/Articles/20306.html.

[3]Article about Intigam Aliyev’s arrest by Giorgi Gogia, Senior Researcher at Human Rights Watch, available at http://www.hrw.org/news/2014/08/08/dispatches-azerbaijan-jails-yet-another-rights-defender.

[4] Council of Europe Commissioner for Human Rights statement of 7 August 2014, available at http://tinyurl.com/qh6snqc.

[5] Mailis Reps’ statement is available at http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=5153&lang=2&cat=5.

[6] Human rights defenders have been facing travel bans and hence, cannot leave the country, despite the fact that they do not present any risk to society if not detained. Conditions making a pre-trial detention necessary are hence not fulfilled, abiding by article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

[7] The visible persecution of IRFS and its leader began on 8 August with a search of its offices. More information available at http://www.indexoncensorship.org/2014/08/azerbaijan-press-freedom-arrest-free-expression-baku/.

[8] More information on the situation of the Human Rights House Azerbaijan available at http://humanrightshouse.org/Articles/20037.html.