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President of France, Mr. Emmanuel Macron
L’Élysée
55 Rue du Faubourg Saint-Honoré
75008 Paris, France
Ministry of Europe and Foreign Affairs of France
37, Quai d’Orsay
75351 Paris, France
Embassy of France to Azerbaijan
9, rue Rassoul Rza
AZ 1000, Baku, Azerbaijan
Subject: Support for political prisoners in Azerbaijan
11 July 2017
Dear President Macron,
We are writing to you on behalf of the undersigned organisations to draw your attention to the repressive free speech situation in Azerbaijan and to request your support to ensure the release of those imprisoned on politically motivated grounds in this country. In particular, we urge you to use your administration’s influence and leverage to help ensure the implementation of the ruling issued by the European Court of Human Rights (ECtHR) on the case of political opposition activist Ilgar Mammadov. He remains in prison, although the Court concluded that he was detained in retaliation for his criticism of the government. The persistent non-execution of the ruling in his case by the Azerbaijani authorities is undermining the credibility of the human rights protection regime established by the Council of Europe and sets a dangerous precedent for all those wrongfully prosecuted in Azerbaijan who turn to the Court in search of justice.
In view of France’s role as a leading European state and host country for the ECtHR and other Council of Europe bodies, as well as its well-developed cooperation with Azerbaijan in trade and other areas, your engagement on this issue would be particularly important. We welcome the moral, value-based and human rights oriented leadership that you have embraced for your presidency and are confident that you will vigorously pursue human rights in relations with Azerbaijan’s government on the basis of the common standards set out in the European Convention on Human Rights.
In the last few years, Azerbaijan’s government has carried out a relentless crackdown on alternative voices in the country. Legislation seriously restricting the operation of NGOs has been enforced, independent media subjected to pressure, the political opposition has been marginalised and human rights defenders, journalists and political opposition activists have been arrested, convicted and imprisoned on politically motivated charges.
While some of those imprisoned on such grounds have been released as a result of international pressure, new arrests continue to take place. For example, well-known blogger Mehman Huseynov was arrested and sentenced to two years in prison on defamation charges in March this year after speaking out about police ill-treatment. Journalist Aziz Orujov and opposition member Gozel Bayramli were arrested on other spurious charges in May, while in the same month journalist Afgan Mukhtarli was abducted in Georgia only to resurface in Azerbaijani custody. Many government critics imprisoned in previous years also remain behind bars, including Ilgar Mammadov.
Ilgar Mammadov, who chaired the political opposition REAL party and served as director of the Council of Europe School of Political Studies in Azerbaijan, was detained in February 2013 after monitoring and reporting on street protests in the town of Ismayilli, which resulted in clashes with the police. He was groundlessly accused of instigating these clashes and sentenced to seven years in prison on trumped-up charges of organising mass riots and using violence against police. In a judgment issued in May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated his rights to liberty and security, judicial review of his detention and to be presumed innocent under the European Convention on Human Rights. The court also found that Azerbaijan’s government had imposed restrictions on his rights for purposes other than those permitted, in violation of its obligations under the Convention. The court concluded that Mammadov was detained on political rather than legal grounds for the purpose of punishing and silencing him for his criticism of the government.
It has now been more than three years since the ECtHR adopted its judgement in this case, but the Azerbaijani authorities have consistently failed to implement it, although Azerbaijan is legally bound to comply with ECtHR rulings as a party to the European Convention on Human Rights. The Azerbaijani authorities have ignored repeated calls by other Council of Europe bodies, including its Committee of Ministers – which supervises the implementation of court rulings, its Secretary General and its Human Rights Commissioner to execute the judgment on Mammadov’s case. In November 2016, Azerbaijan’s Supreme Court rejected an appeal submitted by Mammadov on the basis of the ECtHR ruling and upheld his seven- year prison sentence. As a result, he continues to be unlawfully imprisoned.
To date the case of Ilgar Mammadov is the only one where the relevant authorities have failed to implement an ECtHR ruling that has found that the detention of an individual violates the right to liberty and security under the European Convention on Human Rights. As emphasized in a joint statement issued by 44 members of the Civic Solidarity Platform and the Sport for Rights Coalition in May 2017, the non-implementation of the ECtHR’s judgment on this case has developed into a test of the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region. Thus, this case is no longer only about the unlawful deprivation of liberty of Ilgar Mammadov. On the contrary, it has become a case that risks weakening the effectiveness of the entire human rights protection regime established by the Council of Europe, as well as eroding confidence in this regime among people in Azerbaijan and other member states who turn to the ECtHR when their rights are being trampled upon by their governments.
We urge you to do all in your power to help prevent this dangerous outcome and to ensure the implementation of the ECtHR judgment in the case of Ilgar Mammadov, as well as the release of him and others arbitrarily detained on politically motivated grounds in Azerbaijan. To this end, we urge you in particular to:
We thank you for your consideration of the issues raised in this letter and would be happy to provide additional information should you so request.
Sincerely,
Human rights defenders from Azerbaijan who have signed the letter:
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Dear Secretary General,
We, the undersigned organisations call on Interpol, and all other relevant bodies and authorities to act with due diligence in accordance with Interpol’s constitution to prevent the misuse of Interpol alerts against Leyla Yunus and Arif Yunus, two prominent human rights defenders from Azerbaijan. The couple currently resides in exile in the Netherlands, where they were granted refugee status in 2016. Detailed information about their human rights activism can be found below. Interpol’s constitution prohibits the misuse of its systems for political purposes and in ways that violate human rights.
Leyla and Arif Yunus were arrested on 30 July and on 5 August 2014 respectively. Azerbaijani authorities prosecuted both on politically motivated charges of large-scale fraud, while also charging Leyla with bogus forgery, tax evasion, and illegal entrepreneurship offences. In August 2015, a court sentenced Leyla Yunus to eight and half years imprisonment, and Arif Yunus to seven, having convicted them of tax evasion and other economic crimes. Authorities also filed treason charges against them both, but later suspended the investigation.
On 9 December 2015, Leyla Yunus was released from detention and her eight-and-a-half-year prison sentence was converted into five-year suspended sentence, following a decision by the Baku City Court of Appeal on the basis of a request from her lawyers with reference to her deteriorating health condition. Similarly, Arif Yunus’s prison term was changed to a five-year suspended sentence. He was placed under house arrest on 12 November 2015. In April 2016 the Azerbaijani government allowed the couple to travel abroad to receive needed medical treatment for conditions they had developed during their prison ordeal.
Due to the politically motivated nature of their prosecution, in spring 2016 the couple received political asylum in the Netherlands.
When Leyla and Arif left Azerbaijan, their cassation appeal was still pending before the Supreme Court. On 27 December 2016, the Supreme Court sent the case back for re-examination to the Baku Appeal Court. On 17 May 2017, at the hearing at the Baku Appeal Court, the Yunus’s lawyer asked the court to ensure the couple’s participation in the proceedings via internet. The court rejected the petition. The same day, the court ordered the couple to return to the country to participate in the subsequent court hearings in their case. The court hearing was rescheduled from 31 May to 3 July 2017.
The arrest of Leyla and Arif Yunus happened against the backdrop of a rapidly deteriorating human rights situation in Azerbaijan. Since 2014, several dozens of human rights defenders, lawyers and journalists and opposition politicians have been arrested and prosecuted on politically-motivated grounds. The arrests and other steps by the government of Azerbaijan have served to severely close the space for independent activism, critical journalism, and opposition political activity in the country.
Azerbaijan has been ranking as Not Free in the Freedom in the World rankings of the Freedom House for several years, scoring the lowest on the political rights and civil liberties. In the latest Freedom of the Press rankings, Azerbaijan scored the 162nd place out of 180 countries.
The United Nations Working Group on Arbitrary Detention recently concluded an official visit to Azerbaijan. In a statement issued at the end of its visit, the Working Group concluded that human rights defenders, journalists, and political and religious leaders continue to be detained on criminal or administrative charges in the country as a way to impair their exercise of basic human rights and fundamental freedoms and to silence them. The Working Group stressed that these practices constitute abuse of authority and violate the principle of the rule of law that Azerbaijan has undertaken to comply with. One of the cases highlighted by the Working Group is that of Leyla and Arif Yunus. In his recent report to the Human Rights Council, the United Nations Special Rapporteur on human rights defenders, Michel Forst also drew attention to the legal persecution of human rights defenders in Azerbaijan.
An official request has been made to Interpol on 12 June 2017 by the European Human Rights Advocacy Centre (EHRAC), which represents the couple, to inquire about the existence of any alerts made against Leyla and Arif Yunus by the Azerbaijani Government and to request Interpol to take all appropriate steps to prevent the dissemination of such an alert. Taking into consideration the very poor human rights record in Azerbaijan and the routine practice of politically-motivated prosecutions by the authorities, any attempt by the Azerbaijani authorities to use Interpol alerts against Leyla Yunusova and Arif Yunusov would violate the prohibition in Interpol’s constitution against the misuse of its systems for political purposes and in ways that violate human rights. Interpol should, therefore, refuse any request from the Azerbaijani authorities to use the Interpol Information System against Leyla Yunusova and Arif Yunusov, and we call on all relevant national bodies and authorities not to act on Interpol alerts against them, in case they are issued.
Short biographies:
Leyla Yunus is a long time human rights defender and activist since the late Soviet era. She is the director of the Institute for Peace and Democracy, a human rights organisation in Azerbaijan that focused on political prisoners, women’s rights and other issues. For almost 30 years Leyla Yunus and Arif Yunus have been involved in compiling comprehensive lists of political prisoners in Azerbaijan. Leyla Yunus is a Knight of the French Legion of Honor, winner of the International Theodor Hacker award, Laureate of the Polish Sergio Vieira de Mello Award and a finalist of the 2014 Sakharov Prize of the European Parliament.
Arif Yunus is a prominent Azerbaijani historian and human rights activist. He is the chairperson of the Conflict and Migration departments at the Institute for Peace and Democracy. Throughout his career, Arif has published over 30 books and several articles on the history of Azerbaijan and on Azerbaijani-Armenian relations. In his work, he has promoted dialogue between intellectuals from Azerbaijan and Armenia, and for many years has advocated for a peaceful resolution of the conflict in Nagorno-Karabakh. He has supported numerous victims of torture and spoken out repeatedly against politically motivated detentions.
The list of signatory organisations:
1. Amnesty International
2. Association UMDPL (Ukraine)
3. Bir Duino
4. Centre for the Development of Democracy and Human Rights
5. Committee Against Torture
6. Crude Accountability
7. Fair Trials
8. FIDH and OMCT under “Observatory for the protection of human rights defenders”
9. Freedom Files
10. Front Line Defenders
11. Helsinki Foundation for Human Rights
12. Human Rights House Foundation
13. Human Rights Watch
14. Index on Censorship
15. International Partnership for Human Rights
16. Institute for Reporters’ Freedom and Safety (IRFS)
17. Kazakhstan International Bureau for Human Rights and the Rule of Law
18. KRF Public Alternative
19. Legal Policy Research Centre
20. Public Verdict
21. Regional Center for Strategic Studies
22. The Barys Zvozskau Belarusian Human Rights House
23. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
24. The Netherlands Helsinki Committee
25. Women of the Don[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1497944614160-ae286e6b-fd24-9″ taxonomies=”7145″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
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Over the last seven days, violence, intimidation, harassment and assault have been used to stop journalists from doing their job in the countries covered by Index on Censorship’s project Mapping Media Freedom.
Project manager Hannah Machlin explained why incidents in Azerbaijan and Ukraine are particularly alarming. She called the Azerbaijani incident “the most serious violation to press freedom in the past few days and it shows the situation in the region continues to be disturbing”.
The violation, which took place in late May, was against exiled Azerbaijani journalist Afgan Mukhtarli, who was abducted and allegedly tortured before being taken across the border and put in pre-trial detention in Azerbaijan.
“This shows that Georgia can’t be considered a safe haven for opposition journalists and activists as well as reiterates the continued crackdown on press freedom in Azerbaijan,” Machlin said. The incident has been reported to the Council of Europe’s platform on the protection of journalism to enable that organisation to pursue discussions with the country’s representatives. Index on Censorship joined other press freedom organisations to request the Georgian government take action on the incident.
Machlin said the situation in Ukraine “indicates a complex issue in a war-torn area”. She said the “the report shows that there’s still renewed violent intimidation tactics perpetrated by the separatists against Ukrainian public broadcasters in Donbas”. She explains this is interesting because it shows that the separatists are targeting channels of free information set up by Kyiv and that Ukraine is even trying to install public broadcasters in the eastern region controlled by self-proclaimed authorities because the country “is trying to put a press presence back in there”.
29 May 2017 – Azerbaijani journalist Afgan Mukhtarli was on his way home but never made it.
Mukhtarli was reportedly kidnapped from his neighbourhood after being forced into a car with his hands tied together. He was also beaten with a broken nose and bruises all over his head and face.
He then was transported back to Azerbaijan without a passport.
Mukhtarli was charged for illegally crossing the border, smuggling and resisting law enforcement and was also accused of being in possession of 10,000 EUR during the police search at the border.
One day later on 30 May, he was sentenced to three months in pretrial detention.
Mukihtarli’s wife and child in still in Tbilsi where they fled after escaping Azerbaijan in 2015 when Mukhtarli was threatened over his investigative reporting on corruption in the Azerbaijan.
26 May 2017 – Do TeBe, a new TV channel, endured a smashing of their front door by two unidentified assailants.
Police came to the channel, located in Donetsk oblast and are now investigating the incident.
Do TeBe’s deputy director Ilya Suzdalyev said “We are in the front line region, even what looks like hooliganism must be thoroughly investigated and perpetrators should be punished. Especially when it is, in fact, an attack on the public broadcaster, which was just created in Ukraine.”
Do TeBe TV channel is a regional branch of the National Public Broadcasting Company of Ukraine.
31 May 2017 – Outside the parliament building where the 2017 presidential inauguration took place journalists were assaulted by supporters of the new president.
Lidija Valtner, a journalist for daily Danas, was filming and interviewing an anti-government protester when she was assaulted by a group of supporters. Not only did they shove her around and try to take her mobile phone, but they also assaulted the protester she was interviewing.
Another journalist on the scene was reporting for Radio Belgrade when she was pushed and her equipment thrown to the ground.
Journalists for Balkan Investigative Reporting Network (BIRN) and Vice Serbia were also harassed with violence from the crowd whilst they were taking photos of the clashes. The police asked for their IDs after they witnessed a few men ripping a protest banner.
The assailants are still on the loose.
31 May 2017 – An unknown person called the editor-in-chief of the local news website Kurier.Sreda.Berdsk and threatened her and the editorial staff. Galina Komornikova’s outlet is located in the Novosibirsk region in Berdsk.
On the call, the individual said that “the Syrian theme is not one for journalists”.
The call may have been in response to a story published by the outlet the day before about the secret funeral of a Berdsk resident and Russian military officer. Yevgeni Tretyakov, who was killed in Syria on 15 May, may have belonged to private Russian military troops as he was not an official Russian army contractor.
The outlet then commented on the article saying “An unknown individual called us and promised to ‘come and handle us on behalf of law enforcement agencies’ following the article.”
Para-military private troops are not a new concept. Both Russian and international civil investigative groups and media outlets have been reporting evidence for these groups in the Syrian conflict.
A comment was also left by user “The Animal” stating “Actually, data on military casualties is classified, therefore, I would not be surprised if special people came to visit you to shake a bit, you and your sources.”
29 May 2017 – After elimination while being interviewed, tennis player Maxime Hamou tried to kiss channel Eurosport journalist Maly Thomas several times.
It was at the Rolland Garros tournament where Hamou grabbed Thomas and tired kiss her on the neck and cheek.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
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]
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Index on Censorship and 22 other NGOs have written to Georgian Prime Minister Giorgi Kvirikashvili calling on his government to respect its international obligations and, in particular, to conduct a full investigation into Azerbaijani journalist Afgan Mukhtarli’s abduction in Tbilisi on 29 May.
Att.: Prime Minister of Georgia, Mr. Giorgi Krvirikashvili
Parliament of Georgia
26, Abashidze Street
Kutaisi, Georgia, 4600
6 June 2017
Dear Mr. Krvirikashvili,
We write to express our deepest concern about the abduction of Afgan Mukhtarli, an exiled Azerbaijani journalist, on 29 May in Tbilisi. He went missing after leaving his colleagues in the evening, before resurfacing the following day in Baku in the custody of Azerbaijan’s state border agency.
Mukhtarli reports that he was forced into a car near his home, tied up and beaten. His abductors put a bag over his head and 10,000 euros were stuffed into his pockets while crossing the Azerbaijani border. His lawyer Elchin Sadygov, who managed to visit him in detention, confirmed that he bore the marks of blows to his face and that he may have had one of his ribs broken. On 31 May, a court in Baku sentenced him to a three months’ pre-trial detention while he is now being charged with smuggling, illegal border crossing and violence against police authority.
This disturbing development does not only expose Afgan Mukhtarli to the possibility of torture and a long prison sentence, but also sets a worrying precedent, threatening the security of dozens of other Azerbaijanis living in exile in Georgia. Numerous independent journalists, human rights defenders and other civil society activists fled Azerbaijan in recent years to escape repression, but they are increasingly becoming targets of harassment and persecutions abroad. They were hoping to find a safe haven in Georgia, but must now live with the constant fear of being illegally brought back to their country of origin.
Afgan Mukhtarli’s abduction and illegal deportation to his country while in process of applying for asylum in Georgia is a clear violation of international law. The prohibition of torture, inhuman or degrading treatment or punishment enshrined in Article 3 of the European Convention on Human Rights, to which Georgia is a state party, clearly implies an obligation for each country not to expel, extradite or deport an individual to a state, where he or she faces a real risk of being subjected to this type of treatment. It is therefore Georgia’s responsibility to guarantee the safety of Azerbaijanis living in its territory and to prevent any forced return to their country.
Afgan Mukhtarli’s abduction is a black stain on Georgia’s reputation as a leader in upholding human rights standards in the Caucasus region. The Azerbaijani authorities are engaged in a relentless war against their remaining critics. The Council of Europe’s Commissioner for Human Rights, Nils Muiznieks, stated in May 2017: “The situation in Azerbaijan continues to worry me. Since 2015, I have intervened before the European Court of Human Rights in seven cases, which are in my view emblematic of the human rights problems of the country: limitations to freedom of expression, shrinking space for NGOs, and official harassment of human rights defenders and their lawyers. While the applicants of the cases I intervened in are no longer in prison, we should not forget all the others who are still detained on charges which defy credibility, often after having expressed critical views against the authorities.” As the neighbour of such a repressive state, Georgia has a moral duty to maintain its historical role of welcoming Azerbaijani dissidents.
We welcome the opening of an investigation into Afgan Mukhtarli’s “illegal abduction”. We hope that it will fully shed light on the abductors’ identities and clarify the potential role of the Georgian authorities in what happened. A clear message needs to be sent regarding that illegal actions of a neighbouring state on Georgian territory will not be accepted, and that any public servant implicated in such grave violations of international law will be held accountable.
Georgia has co-sponsored all recent United Nations resolutions on human rights defenders. Most recently, Georgia was amongst the States expressing grave concern at the United Nations Human Rights Council – of which Georgia is a member – “that the practice of enforced disappearance is often used to repress and intimidate human rights defenders” (resolution 34/5 adopted on 23 March 2017 by the Human Rights Council, with Georgia voting in favour). The credibility of Georgia’s commitment to the protection of fundamental rights and freedoms is hence at stake.
We thank you in advance for the attention you give to our request.
Sincerely,
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