Written by the Institute of Reporter Freedom and Safety; placed on the website by Shahla Ismailova/HRH Baku
Over the last year, the Freedom of Expression and Freedom of the Press in Azerbaijan has caught the attention of the local and international community. The persecution and arrest of journalists, countless trials and lack of partiality, threatens to turn Azerbaijan’s independent press outlets and independent journalists into endangered species. Currently, there are 3 imprisoned journalists, 2 journalists on probation and dozens of journalists regularly threatened, attacked or persecuted. The number of murdered journalists within the last the two years is two. (3-OCT-2006)
Azerbaijani journalists: the victims of beatings, threats, lawsuits and fines
FIKRET HUSEYNLI, a correspondent with Azadlig Newspaper, was kidnapped on the night of 5 March 2006, while visiting a suburb of Baku. His attackers stabbed him in the throat and told him to stop writing articles critical of the government. Soon after this Huseynli went unconscious and was left for dead in the area of Baku’s old bus terminal. Huseynli has made a full recovery, but his attackers were not identified or prosecuted. His life remains in danger until the people who tried to kill him are found.
BAHADDIN HAZIYEV, the editor-in-chief of Bizim Yol Newspaper, was kidnapped on the night of 18 May 2006, as he drove from work. His attackers cut his car off, dragged him out of his vehicle, put a sack over his head, took him to unknown location, beat and threatened, and then in the wee-hours of May 19 drove him out to a deserted lake, and tossed him out of their vehicle, still with a sack over his head. As his attackers were driving away from the scene, they ran over his legs. Haziyev sustained multiple fractures in left leg, underwent emergency surgery, and to this day remains in a cast, unable to work. He fears for the safety of his family and coworkers, as his attackers remain unidentified and still at large. His attackers told him, “If you do not stop writing critical articles about the government, we will kill your family.”
SAKIT ZAHIDOV, a satiric/journalist for Azadlig Newspaper, was arrested on 23 June 2006, on a charge of possession of a large quantity of drugs with intent to sell. However, Zahidov, a father of five, has always maintained that the drugs were planted on him and that his arrest is politically motivated. He took a urine drug test that came back clean and prosecutors have been unable to present any evidence that Zahidov was involved in either selling or using drugs. The investigation has been plagued by numerous legal irregularities. Prior to Zahidov’s arrest, a representative of Azerbaijan’s ruling party publicly stated that Zahidov needed to be “silenced.” At present, his trial continues. He has been in pretrial detention since the day of his arrest, despite calls by numerous well-known organizations for his release, and is plagued by chronic heart problems.
SHAHIN AGABEYLI, the editor-in-chief of Milli Yol Newspaper, was detained by police on 10 August 2006, for failing to respond to numerous court summons. On the following day, four claims were considered against him in court back-to-back. He was found guilty in three of the cases, while a fourth case based on Interior Minister Ramil Usubov’s accusations of “insult” and “libel” was postponed; the minister later retracted his claim. It needs to be noted that the articles on “insult” and “libel” are in Azerbaijan’s Criminal Code, despite calls by numerous organizations to move these to the country’s Civil Code and eliminate prison sentences for press offenses. Agabeyli is currently serving a one year prison sentence, but hopes that the Appeals Court will overturn his sentence.
EYNULLA FATULLAYEV, editor-in-chief of Realny Azerbaijan, was found guilty of committing “libel” and “insult” at the end of September on the basis of claims brought forth by Azerbaijan’s Interior Minister Ramil Usubov. Usubov’s charges stemmed from two articles published in July, in which Fatullayev claimed that Usubov was aware of a criminal gang being operated by subordinates in his ministry and profited from the gang’s activities. The court ruled that Fatullayev must pay an 11,500 euro fine, while he paper must pay an additional 6,000 euro. Fatullayev will take his case to the Court of Appeals.
*These are just some of the key cases; numerous other journalists, including Firket Faramezoglu, Sarvan Rizvanov, Iddrak Abbasov, Mustafa Hajibeyli and Genimet Zahidov also face lawsuits, threats and/or have been the subject of physical attacks as a result of their journalist work. In addition, during the run up to Azerbaijan’s November 2005 parliamentary elections, countless journalists were beaten and threatened. Some legal cases are still pending, but to this day absolutely no one has been held responsible for these senseless acts of violence and intimidation against journalists. Two journalists were murdered in 2005, Monitor Editor-in-Chief Elmar Huseynov was shot to death in the doorway to his apartment, and Yeni Musavat Photographer Alim Kazimli died in July of 2005, as the result of head injuries suffered after being beaten in a police station.
International community condemns situation
Parliamentary Assembly of the Council of Europe (PACE) co-rapportuer on Azerbaijan Andres Herkel compared the situation in Azerbaijan with the situation in Belarus, and even more recently OSCE Representative on Media Freedom Miklos Haraszti wrote a letter to Azerbaijan President Ilham Aliyev calling on him to end criminal lawsuits against journalists and ensure transparent trials for journalists.
In addition, Reporters without Borders, Amnesty International, the Committee to Protect Journalists, Article 19, the Helsinki Citizens’ Assembly, International Press Institute, and other organizations, have all called on Azerbaijan’s government reform media legislation, find and prosecute those responsible for attacks on journalists and, in general, foster an environment where freedom of expression is valued, not undermined.
What the OSCE, ODIHR and other Human Rights Organizations need to do
Therefore, we appeal to you, the OSCE, ODIHR and other Human Rights organizations. As leaders of the world’s political, business, culture and media sectors, we ask that during your interactions with Azerbaijan President Ilham Aliyev, you discuss the deterioration of freedom of expression in Azerbaijan, call for Azerbaijan’s government fulfill its international freedom of expression and human rights obligations ( e.g. the European Convention on Political and Civil Rights, the Universal Declaration of Human Rights, etc.), and demand that the attack on independent journalists be ended.