Posted: 22 October 2010
Location: Azerbaijan & Worldwide
Media Diversity Institute and nine other press freedom organisations have sent a joint letter to President Ilham Aliev voicing deep concern about former newspaper editor Eynulla Fatullayev’s continuing detention, which the European Court of Human Rights regards as a violation of his rights and Azerbaijan’s international legal obligations.
Also, ahead of Azerbaijan’s upcoming Parliamentary elections, Media Diversity Institute is joining ten other organisations in launching a new report titled Free Expression under Attack: Azerbaijan’s Deteriorating Media Environment.
“We call on the Azerbaijani government to comply with the ruling that the court issued last April ordering it to release Fatullayev, the former editor of Realny Azerbaijan and Gundalik Azerbaijan, and to pay him 27,822 euros in compensation for holding him illegally since April 2007.” – says in a letter to Azerbaijan’s president Aliev.
Signatories of the letter are outraged by a charge of possession of heroin which the authorities used in July to impose an additional jail sentence on Fatullayev.
Milos Haraszti, former representative in the Organisation for Security and Cooperation in Europe’s media freedom, says he regards the veracity of the charge as “highly improbable” and thinks it was designed solely to block any possibly implementation of the European Court’s ruling. We urge the government to respect its international undertakings to free Fatullayev unconditionally without delay.
This is the original letter, sent to the President of Azerbaijan:
“22 october 2010
Dear President Aliyev,
ARTICLE 19, Committee to Protect Journalists, Freedom House, Human Rights House Foundation, Index on Censorship, Institute for War and Peace Reporting, International Federation of Journalists, Media Diversity Institute, Norwegian Helsinki Committee, and Reporters Without Borders are writing to express our strong concern regarding the continued imprisonment of Editor-in-chief Eynulla Fatullayev, which constitutes a breach of Azerbaijan’s international legal obligations and a violation of Mr Fatullayev’s rights.
As a member state of the Council of Europe and a party to the European Convention on Human Rights, Azerbaijan is obligated to comply with judgments of the European Court of Human Rights. As you are aware, on 22 April this year, the European Court ruled that Mr Fatullayev’s imprisonment constituted a violation of his freedom of expression and right to a fair trial and ordered the Azerbaijani Government to immediately release him and to pay him €27,822 for damages and legal expenses. Since the request of the Azerbaijani Government to have the case referred to the Grand Chamber was rejected on 4 October, the European Court’s decision in the case has become effective.
We are deeply disturbed by the latest charge against Mr Fatullayev of drug possession, for which he currently remains in prison. As Miklos Haraszti publicly stated as OSCE Representative for Freedom of the Media in December 2009, this charge is “highly improbable”, and “aimed at pre-empting the European Court of Human Rights’ [then] expected verdict”.
We call upon your government to fully comply with the European Court of Human Rights’ judgment, including by immediately and unconditionally releasing Mr Fatullayev. We further urge your government to do its utmost to ensure Mr Fatullayev’s health and safety in detention, in accordance with Azerbaijan’s international legal obligations.
Sincerely yours,
Agnès Callamard, Executive Director, ARTICLE 19
Joel Simon, Executive Director, Committee to Protect Journalists
Paula Schriefer, Director of Advocacy, Freedom House
Ane Tusvik Bonde, Regional Manager for Eastern Europe and the Caucasus, Human Rights House Foundation
Rohan Jayasekera, Associate Editor and Deputy Chief Executive, Index on Censorship
Tony Borden, Executive Director, Institute for War and Peace Reporting
Aidan White, General Secretary, International Federation of Journalists
Milica Pesic, Executive Director, Media Diversity Institute
Bjørn Engesland, Secretary General, Norwegian Helsinki Committee
Jean-François Julliard, Secretary General, Reporters Without Borders
Virginie Jouan, Executive Director, Press Freedom and Media Development, World Association of Newspapers and News Publishers (WAN-IFRA)”
Ahead of Azerbaijan’s upcoming Parliamentary elections, Media Diversity Institute is joining ten other organisations in launching a new report titled Free Expression under Attack: Azerbaijan’s Deteriorating Media Environment.
The report findings come out of a joint freedom of expression mission to the country in September 2010 and highlight the Azerbaijani government’s failure to comply with its international commitments to promote and protect freedom of expression.
“In Azerbaijan, those who attack or harass journalists do so in the knowledge that they will not be punished for their crimes. The fact that the authorities fail to conduct effective investigations into these crimes contributes significantly to the current climate of fear and vulnerability,” said Agnès Callamard, Executive Director, ARTICLE 19.
The deteriorating freedom of expression situation in the country is the result of a number of worrisome trends, including the continuing practice of imprisoning journalists and bloggers in connection with expressing critical opinions; the enduring cycle of violence against journalists and impunity for those who commit these acts; and the continued existence of criminal defamation provisions in domestic law. These trends are particularly concerning in the context of the upcoming parliamentary elections, set to take place on 7 November 2010.
“There are few – if any – signs of the emergence of a free press, a fundamental cornerstone of any democratic society,” said Rodrigo Bonilla, Missions Coordinator, World Association of Newspapers and News Publishers (WAN-IFRA). “In its place, there is a handful of independent media trying to survive in a pervasive climate of intimidation and fear, financially crippled and with insignificant audiences. Drastic reforms are urgently needed,” continued Bonilla.
One editor who spoke with the mission reported that he had lost track of the number of times he had been threatened or attacked. Another journalist said “the life of every citizen or journalist who wants freedom is under constant threat.” In the regions outside of the capital, the situation for journalists is even worse. They face violence and threats regularly and most instances go unreported.
“Efforts to build a credible and professional journalistic environment are systematically undermined by political interference and control in the media, shocking employment conditions, and a fundamental lack of respect for the role of independent journalism in a democratic society,” said Oliver Money-Kyrle, Assistant General Secretary, International Federation of Journalists.
The report also contains the mission’s recommendations to the Azerbaijani authorities on concrete steps to improve the freedom of expression climate in the country, including by investigating and prosecuting all acts of violence against journalists; immediately and unconditionally releasing the currently imprisoned journalists and bloggers; and decriminalising defamation.
“The Government, in cooperation with international organisations, intergovernmental structures, and local media and civil society groups, should take immediate steps to support the independent media, end the climate of self-censorship, and help foster dialogue,” said Rovshan Bagirov, Freedom of Expression/Media Program Director, Open Society Institute-Assistance Foundation/Azerbaijan.
The report is the result of joint freedom of expression mission undertaken from 7 to 9 September, 2010. The mission representatives met with journalists and other media workers, collected testimonies from survivors of violent attacks, and family members of imprisoned journalists, and held meetings with civil society activists and government representatives.
The nine organisations that participated in the joint mission are members of the International Partnership Group for Azerbaijan, and actively work towards the promotion and protection of human rights. The participating organisations included: ARTICLE 19; Freedom House; Index on Censorship; International Federation of Journalists; Media Diversity Institute; Open Society Foundations; Press Now; Reporters Without Borders; and World Association of Newspapers and News Publishers.
Click here to read the report – Free Expression under Attack: Azerbaijan’s Deteriorrating Media Environment
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