The participating organisations, which are members of the International Partnership Group for Azerbaijan, include Article 19, the Human Rights House Foundation, Reporters Without Borders, and the World Association of Newspapers and News Publishers.
Human rights meeting of the Committee of Ministers’ Deputies is taking place in Strasbourg on 30 November – 3 December. The Committee of Ministers’ Deputies are set to discuss the case of imprisoned Azerbaijani journalist Eynulla Fatullayev, who remains in jail despite a European Court of Human Rights judgment on 22 April ordering the Azerbaijani government to release him immediately.
Azerbaijan’s obligation needed
“Given the clear court order to release journalist Fatullayev, the Committee of Ministers needs to recall the State’s obligation to abide by the judgments of the Court and that such is unconditional and is a requirement for the membership of the Council of 
Europe,” said Florian Irminger, Head of the Geneva office of the Human Rights House Foundation (HRHF).
“The organisations call upon the Committee of Ministers to carefully consider Eynulla Fatullayev’s case during the upcoming meeting and to adopt strong interim measures taking note that no measures have been taken to comply with the Fatullayev case judgment,” said Lucie Morillon, Reporters Without Borders.
“The ongoing imprisonment of investigative journalist Eynulla Fatullayev is totemic of the Azerbaijani government’s disregard for its obligations under the European Convention on Human Rights. Council of Europe Member States cannot continue to turn a blind eye to Azerbaijan’s alarming freedom of expression record,” said Rebecca Vincent, Europe Programme Manager, Article 19.
European Court’s decision ignored
In addition to the deteriorating freedom of expression situation in the country marked by the criminalisation of defamation, systematic acts of violence against journalists critical of the government and a pervasive climate of impunity, Azerbaijan has a poor record of implementing European Court rulings.
In this particular case, the European Court ordered the immediate release of Fatullayev, which is exceptional as the Court does not usually order the release of individuals. Adherence to European Court decision
s is a requirement for Council of Europe Member States, including Azerbaijan.
The European Court of Human Rights is the ultimate arbiter of compliance with the European Convention on Human Rights.
On 22 April, the European Court ruled that Azerbaijan had violated Fatullayev’s rights to freedom of expression and to a fair trial by imprisoning him, and called for his immediate release. However, rather than releasing him, authorities proceeded with a new charge against Fatullayev of possessing illegal drugs, for which he was convicted on 6 July.
The charge was widely believed to have been fabricated in order to keep him in prison despite the European Court’s judgment in his case. On 4 October, the decision became final and legally binding on Azerbaijan, after the European Court’s Grand Chamber rejected the Azerbaijani government’s request for the review of the decision.
“New allegations” in Fatullayev’s case improbable
“Realniy Azerbaijan” has been published as weekly newspaper, and “Gundelik Azerbaijan” was published as a daily newspaper since 2005. Eynulla Fatullayev established the newspapers and was the editor-in-chief of both publications. The newspapers ceased their activity after the arrest of the editor-in-chief in 2007.
After writing a series of articles critical of the government, Eynulla Fatullayev was sentenced to two and a half years of imprisonment on 21 April 2007 for insulting honor and dignity. Later he was convicted under articles 214.1 (threatening terror), 283.2.2
(incitement of ethnic/national, social or religious hatred abusing authority), and 213.2.2 (tax evasion) of the Criminal Code and sentenced to a total of eight and a half years in prison on 30 October 2007.
On 29 December 2009, 0.22 grams heroin was found on Fatullayev. A criminal case was launched under article 234 (preparing, producing, obtaining and/or selling of narcotics illegally). Eynulla Fatullayev, who has no reported history of drug use, strongly refuted the new allegations. According to Fatullayev, the drugs were planted on him.
Miklos Haraszti, former OSCE Representative on Freedom of the Media, stated that he “visited Eynulla Fatullayev twice in his high security-prison and find[s] allegations of heroin smuggling or possession highly improbable.”
Eynulla Fatullayev, his family, local and international community assessed this incident as an operation set-up to increase the journalist’s prison term. This was the second conviction put forth against Fatullayev during his imprisonment.
The trial continues regardless of the European Court of Human Rights, which found that his trial in April 2007 was unfair.
NGOs’ calls
On 22 October 2010 eleven international freedom of expression organisations, inclu
ding four NGO organisations undertaking the mission to Strasbourg, have submitted an open letter to Azerbaijani President Ilham Aliyev calling for the immediate and unconditional release of imprisoned Editor-in-chief Eynulla Fatullayev.
In the joint letter, the organisations also called for the Azerbaijani authorities to ensure Fatullayev’s health and safety whilst in detention, in light of his hunger strike action.
In September the annual meeting of the HRHN adopted the following statment regarding statements on the detoriation of the freedom of expression in Azerbaijan
In July 42 human rights organisations and members of the HRHN condemned the 6 July 2010 decision by a Baku district court to convict Editor-in-chief Eynulla Fatullayev of drug possession and sentence him to two years and six months imprisonment.
In May 2009 Amnesty International, Article 19, and International PEN called on the Azerbaijani government to comply with the ruling of the European Court of Human Rights and immediately release Fatullayev.
The organizations also urged Azerbaijan to drop the new charges brought against him in December 2009, as they believe them to have been fabricated in an effort to silence Fatullayev’s investigative journalism, which has been critical of the government.
In April members of the HRHF called upon the Azerbaijani authorities to immediately execute the decision of the European Court of Human Rights from 22 April 2010.
No freedom of expression during elections
The deteriorating freedom of expression situation in the country was magnified during the period surrounding Azerbaijan’s 7 November parliamentary elections. The lack of political pluralism in the broadcast media in the pre-elections period, the continued imprisonment of journalists and bloggers critical of the government during the elections, and authorities’ interference with journalists’ coverage of election day proceedings were heavily condemned by a group of n
ine international non-governmental organisations, including those undertaking the mission to Strasbourg.
Three of the organisations participated in an international freedom of expression mission to Azerbaijan in September, which released a report titled “Free Expression under Attack: Azerbaijan’s Deteriorating Media Environment”.
HRH London, based on n the joint press release of Article19, HRHF and Reporters´ Without Borders.
Related links:
Azerbaijan: joint mission concerned by state of freedom of expression ahead of elections
Azerbaijan: freedom of expression situation has deteriorated over the past five years
Azerbaijani bloggers sentenced
No news is not good news regarding freedom of expression in Azerbaijan
Azerbaijan: Human rights organisations demand to comply with European Court decision
Profound pessimism about Azerbaijan’s elections
Azerbaijan: free expression under attack before elections
Azeri authorities clamp down on election-related demonstration
