The Sabail District Court passed a verdict on the criminal case against “Senet” newspaper chief editor Samir Sedagetoglu and Rafik Tagi (on the right), author of the controversial religious article “Europe and Us”. Sedagetoglu received four years of imprisonment and Rafik Tagi received 3 years due to their alleged violation of articles 187.1 and 187.2. of Azerbaijan’s Criminal Code. (07-MAY-07)
Written by Shahla Ismailova /HRH Baku on the basis of materials from IRFS, Turan News Agency, Yeni Musavat; photo by Yeni Musavat
In article “Europe and Us”, written in November 2006, the author compared European and Islamic traditions, stating that Islam was an obstacle to Azerbaijan’s economic and political development. The article led to protests and death threats from religious extremists, who called for the execution of journalists.
Lawyer Isakhan Ashurov, who was defending the journalists, stated that in general the trial was not properly conducted. Tagi told the court that there was no evidence to prove he was guilty and that there was no criminal intent in his article. Sedagetoglu noted that he had been imprisoned for ideas he did not express or share. He also recalled that he was the sole breadwinner in his family, which includes 3 small children.
Even though religious activities shouted out remarks throughout the process and Ashurov demanded that these people be thrown out of the courtroom, the judge took no action. Sedagetoglu also declared that his life was in danger in the courtroom and demanded that the judge throw out people who threaten him.
Condemn from IRFS
We believe that the government has two goals behind the imprisonment of these journalists. First and foremost the government wants to instill a sense of fear in all journalists by showing them that journalists can be arrested for anything they write, and even some, like Sadagetoglu, can be imprisoned for no reason at all. Second, the government will use this case as an example for international organizations that demand the annulment of criminal responsibility for the expression of ideas. The government is trying to prove to the international community that if criminal responsibility for the expression of ideas is terminated this could result in attacks, insults, mass protests and other similar problems. It is no secret that in international talks on speeding up the process of democratic reforms in Azerbaijan, Azerbaijan’s government claims that the people of Azerbaijan are not ready for this yet and that it could lead destabilization of the situation in the country.
OSCE 
The OSCE Representative on Freedom of the Media, Miklos Haraszti (on the right), said that he was deeply concerned about the harsh prison sentences handed down to two Azerbaijani journalists from the monthly newspaper Senet. “This is a serious violation of Azerbaijan’s OSCE commitments obliging it to guarantee a free flow of information and freedom of expression,” said Haraszti. “I call on the authorities to free Sadagatoglu and Tagi. The trial perverts the truth by treating peaceful philosophers as extremists. In fact, it is their imprisonment that encourages extremism by surrendering to opponents of freedom of discussion.”
Article 19 
“We would like to refer to our previous statements documenting numerous instances of direct and indirect harassment of journalists and media in Azerbaijan and stress once again that Azerbaijan is currently in breach of its obligations under international law to protect and promote freedom of expression. This creates a climate of fear, which is incompatible with a free and independent media and ultimately undermines the credibility of Azerbaijan’s democracy.
We call on the Azerbaijani authorities to:
– Immediately release Samir Sadagatoglu and Rafiq Tagi;
– Ensure that 283 of the Azerbaijani Criminal Code is interpreted and applied in a manner that is in
line with Azerbaijan’s obligations under international law;
– Ensure the safety of Samir Sadagatoglu and Rafiq Tagi in the face of the threats they have
received;
– Ensure the safety of all journalists who express their views in a peaceful manner.
