Fifty Fatullayevs protested the continued detention of Azerbaijani journalist

For an hour, demonstrators, wearing masks bearing a photograph of Eynulla Fatullayev’s face, faced the embassy and sent their message, calling in both English and Azerbaijani for freedom for Eynulla Fatullayev, and greater freedom of expression in Azerbaijan.

Letter handed to the embassy
Robert Sharp, English PEN; Ruth Dawson, Amnesty International UK; Rebecca Vincent, Article 19; Natasha Schmidt, Index on Censorship; and Pedja Urosevic, Media Diversity Institute – handed a letter in to the embassy, signed by the five organisations, calling for Fatullayev to be immediately and unconditionally released.

Protests were also held in Paris, and in Azerbaijan itself, where a group of Azerbaijani journalists held a symbolic fast in Baku to mark the fourth anniversary of the imprisonment Fatullayev.

Fatullayev’s case
Fatullayev remains wrongfully imprisoned following his conviction in July 2010 on a charge of drugs possession. This latest charge is widely believed to have been fabricated in order to keep Fatullayev in prison despite a European Court of Human Rights judgment in April 2010 relating to charges from 2007 – only the second judgment of its kind – ordering his immediate release.

Fatullayev has a long history of being persecuted by the Azerbaijani authorities, and the July 2010 conviction is believed to be just the latest in a series of politically motivated charges connected to his journalistic activities. The five London-based human rights organisations are urging the Azerbaijani authorities to honour their international obligations to respect the right to freedom of expression.

Situation continue to deteriorate
Whilst Fatullayev remains in prison, the freedom of expression situation in Azerbaijan continues to deteriorate. Recent weeks have seen a wave of arrests in connection with a series of pro-democracy protests, increased pressure against non-governmental organisations working on democracy and human rights, and the abduction and beating of two journalists in connection with their criticism of the authorities.

“Fatullayev’s imprisonment has had a distinct chilling effect on freedom of expression in Azerbaijan. The longer he remains in jail, the longer journalists will continue to engage in self-censorship for fear of retaliation. It’s time to put an end to this pervasive climate of fear”, said Article 19 Executive Director Agnès Callamard.

“Holding Fatullayev in prison for so long proves that freedom of expression in Azerbaijan is deteriorating. Economic interests in a country rich with resources must not be misunderstood as a „carte blanche” for prosecution of journalists and use of repressive methods to silence independent media outlets in Azerbaijan”, said Media Diversity Institute Executive Director Milica Pesic.

“Azerbaijan’s international standing has already been seriously damaged by this case. Concocting new, trumped-up charges against Fatullayev to dodge a European Court ruling is not the action of a government that respects the rule of law. Azerbaijan should release this award-winning journalist and show the rest of Europe that it respects the right to freedom of expression”, said Amnesty International UK Director Kate Allen.

“The continued detention of Fatullayev is a travesty of justice. Through his journalism, Fatullayev has exposed the reality of Azerbaijan that the Government wants to keep concealed. Instead of protecting his freedom, the Azerbaijani Government has disregarded a judgment in his favour from the European Court of Human Rights. He should be released immediately and unconditionally”, said Salil Tripathi, Chair of the Writers in Prison Committee, English PEN.

From terrorism to drugs
Arrested on 20 April 2007 following publication of a series of news articles critical of the authorities, Fatullayev was initially convicted on criminal defamation charges. In October 2007, Fatullayev was convicted of additional politically motivated charges of supporting terrorism, inciting ethnic hatred and tax evasion.

In its judgment of April 2010 pertaining to these convictions, the European Court of Human Rights found that the Azerbaijani authorities had violated Fatullayev’s rights to freedom of expression and to a fair trial, and ordered Azerbaijan to immediately release him and pay damages.

However, in July 2010, during the period before this ruling became final, the Azerbaijani authorities convicted Fatullayev of drug possession after prison officials allegedly found drugs in his clothing in December 2009.

Fatullayev vehemently denies the accusation, and international experts, including Council of Europe Commissioner for Human Rights Thomas Hammarberg and former OSCE Representative on Freedom of the Media Miklos Haraszti, have noted their concerns, stating respectively that the charge of drugs possession “lacks credibility” and is “highly improbable”.

“We believe the drugs possession charge to be fabricated and intended to keep Fatullayev in prison despite the European Court judgment ordering his release. This is another example of the Azerbaijani authorities using politically motivated charges in an attempt to restrict freedom of expression”, said Natasha Schmidt, Assistant Editor at Index on Censorship.

As a Council of Europe Member State, Azerbaijan is obligated to respect and protect the right to freedom of expression and to execute European Court of Human Rights judgments. Instead, by keeping Fatullayev in prison on politically motivated charges, the Azerbaijani authorities are continuing to demonstrate their lack of commitment to upholding fundamental human rights.

Related articles:

Azerbaijan: Free speech activists call on journalist’s release

PACE must take action to address alarming freedom of expression situation in Azerbaijan

Fatullayev’s fate – in the hands of the Council of Europe Committee of Ministers

Azerbaijan: Human rights organisations demand to comply with European Court decision

Remembering a brave journalist in Azerbaijan

Azerbaijan: On 5. anniversary of editor’s murder, Article 19 calls to bring perpetrators to justice

Police use pressure against journalists in Azarbaijan

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