Press release 30 June 2009 Baku, Azerbaijan

Institute for Reporters’ Freedom and Safety

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  INSTITUTE FOR REPORTERS’ FREEDOM AND SAFETY STATEMENT
  
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  POLICE USE PRESSURE AGAINST JOURNALISTS AND PICKET PARTICIPANTS
  
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  CIVIL SOCIETY DEFENSE COMMITTEE CONDUCTS MEETING
  
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  AMNESTY INTERNATIONAL CONDUCTS ACTION IN CONNECTION WITH AZERBAIJAN
  
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  GANIMAT ZAHID CONSIDERED PRISONER OF CONSCIENCE
  
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  GANIMAT ZAHID CALLS ON NGOS TO UNITE
  
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  MAHAL ISMAYILOGLU TO BE SENTENCED TOMORROW
  
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  LAWSUIT AGAINST PRESS COUNCIL NOT FULFILLED
  
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  HEARING AGAINST “NOTA” NEWSPAPER EDITOR-IN-CHIEF SUBSTITUTE POSTPONED
  
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  DAVACHI RESIDENT CLAIMS HIS SON’S ARREST UNFOUNDED
  

The Institute for Reporters’ Freedom and Safety (IRFS) condemns the failure to permit the Civil Society Defense Committee to hold a picket in connection with a packet of proposed amendments to the Azerbaijan Republic’s laws on Non-governmental Organizations, Mass Media and police pressure against the journalists and NGO representatives today.

IRFS declares that this police interference in taking photos and filming and the failure to permit the media representatives to go near the parliament building violate the journalists’ right to information freedom.

IRFS believes that these actions represent violations of freedom of expression, which is envisaged in Article 50 of Azerbaijan’s Constitution and Article 10 of the European Convention (Freedom of Expression), as well as Article 163 of Azerbaijan Criminal Code (interference in the professional work of journalist). In addition, failure to permit NGO representatives to assemble to express their protest and to let the participants chant slogans and conduct a peaceful picket violate articles 58 and 49 of Azerbaijan’s Constitution (Freedom of Association and Assembly), and Article 10 of the European Convention on Human Rights (Freedom of Expression).     

IRFS calls for Azerbaijan’s government to respect legislation, to not violate people’s rights to freedom assembly and expression, and to create conditions for journalists to fulfill their professional work and citizens to freely assemble and express themselves.

Today, 30 June, the journalists and NGO representatives faced harassment during a protest action held by the Civil Society Defense Committee (CSDC) in front of Milli Mejlis in connection with proposed changes and amendments to Law on Non-governmental Organizations (Public Unions and Funds) and Mass Media.   

Civil clothed people approached action participants who were gathered by former Azizbayov monument to conduct a march and told them to disperse. They did not introduce themselves. These civil clothed people who were later identified as police wanted to prevent media representatives from taking photos and filming, and used physical pressure against several people, including Institute for Reporters’ Freedom and Safety Chairman Emin Huseynov to prevent the action participants and journalists from moving towards Parliament.

As a result of physical pressure, Emin Huseynov’s handbag was torn. Besides, police attempted to hinder the accredited employee of “Radio Liberty” from going towards Milli Mejlis. However, “Radio Liberty” employee was able to move on after Yasamal District police Department Chief Mohubbet Huseynov interfered.

The police took the slogans that read “No to Antidemocratic Laws!!!” and “Recognize Our Right to Unite” from the participants forcefully. Yasamal DPD Chief permitted three people from CSDC’s Three Working Groups to go to the Parliament, and they submitted the resolution to Milli Mejlis.

Photo: http://www.irfs.az/component/option,com_datsogallery/Itemid,30/func,viewcategory/catid,276/lang,az/

Today, 30 June, the Civil Society Defense Committee (CSDC) conducted a meeting in the Azerbaijan Media Center in connection with the amendments and changes made to the Azerbaijan Republic’s Law on Non-governmental Organizations. Expressing their hopes that these changes will not destroy NGOs, they emphasized that these changes will not have any effect in the development of the NGOs either.

Working Group member Gubad Ibadoglu said that the objectionable changes to the legislation failed due to the hard work of the Committee.

Noting the importance of regular activity in this sphere, Institute for Reporters’ Freedom and Safety Emin Huseynov evaluated this as the initial victory.

Another member of the working group Ilgar Mammadov said that the danger has not subsided yet, and discussions will be hold until fall. The changes will obstacle the work of foreign organizations and the creation of new funds.

Haji Ibrahim Ibrahimoglu noted that the first victory shouldn’t make them sit back reminding the meeting participants the government’s attempts to restrict religious freedoms recently.

During today’s meeting of Milli Mejlis several changes considered to be added to law on NGOs, which would limit their activity, have been removed; however, articles 10.4 (After a public union receives state registration, it must within 30 days ensure creation of registry of its members and present information about the registry of its members to relevant executive authority within 15 days. Public union must within 15 days provide information to the relevant executive authority about changes made to membership registry), 12.1-1 (During the creation of a foundation, its authorized capital cannot be less than 50,000 AZN), 12.3 (Non-governmental organizations that endanger the foundations and security of the state constitution or public safety, promote racial, national or religious discrimination, or insult morality cannot be created) and 31.2-1 (For failure by legal entities to provide necessary information for the state registry or the presentation of incorrect information the non-governmental organization shall be warned) have been adopted.  
AMNESTY INTERNATIONAL CONDUCTS ACTION IN CONNECTION WITH AZERBAIJAN

Amnesty International has released a press release in connection with Azerbaijan. IRFS introduces the full text of the press release.

29 June 2009

Today, Amnesty International members across Europe, including the United Kingdom, Germany and Turkey, take to the streets in support of independent media in Azerbaijan which is coming under increasing pressure from the authorities.

This action, part of the organization’s solidarity campaign with independent journalists and human rights activists in Azerbaijan, comes as the country’s parliament (Milli Mejlis) prepares to discuss on 30 June legislative changes affecting the registration and financing of independent media and civil society.

If adopted, they will increase the government’s control and scrutiny of the activities of journalists and human rights activists and will undermine their ability to monitor abuses and hold the authorities to account. They could also limit the access to the country for representatives of international human rights organisations.

Emin Hüseynov, head of the country’s media watchdog Institute for Reporters’ Freedom and Safety (IRFS) said that if voted through by parliament, the legislative changes would pave the way for the closure of independent media and organizations that stand for freedom of expression.

“The introduction of restrictive legislation and the banning of foreign radio broadcasters are some of the methods that the authorities in Azerbaijan are using to muzzle the media there,” said Nicola Duckworth, Europe and Central Asia Programme Director at Amnesty International.

“Independent journalists are being intimidated, arrested and sent to prison after unfair trials. Attacks on and even murder of independent journalists remain unresolved.”

Amnesty International has compiled a list of cases illustrative of the range of human rights abuses that journalists in Azerbaijan have been subjected to in recent months (Azerbaijan: Independent journalists under siege, AI Index: EUR 55/004/2009, 29 June 2009).

“President Ilham Aliyev has declared that the state should protect the rights of all journalists. It is high time that the authorities of Azerbaijan match their words as well as international obligations with deeds,” Nicola Duckworth said.

As the urgent first step, Amnesty International calls upon the Milli Mejlis not to pass any amendments that could be used in effect to prevent the legitimate activities of media and civil society organizations. The country should bring its existing legislation and practice into line with the government’s international obligations.

Aqil Xalil from Azadliq newspaper was stabbed in the chest and later physically attacked again in 2008 but though the authorities claimed they had found a perpetrator; Aqil Xalil and Azerbaijani human rights organizations believe that the true assailants have escaped justice.

Elmar Hüseynov, editor-in-chief of the newspaper Monitor, was shot dead in 2005. Four years on, no one has been brought to justice.

Qanimat Zahid and Eynulla Fatullayev are in prison after unfair trials for their peaceful journalistic work. Amnesty International considers them prisoners of conscience and calls for their immediate and unconditional release.

Journalists in Naxçivan, an autonomous Azerbaijani exclave situated between Armenia, Iran and Turkey, have also been repressed for trying to report alleged abuses of power by local officials.

GANIMAT ZAHID CONSIDERED PRISONER OF CONSCIENCE

“Azadlig” Newspaper Editor-in-chief Ganimat Zahid has been officially recognized a prisoner of conscience. According to Amnesty International, Qanimat Zahid and Eynulla Fatullayev are in prison after unfair trials for their peaceful journalistic work. Amnesty International considers them prisoners of conscience and calls for their immediate and unconditional release.

Note that although Eynulla Fatullayev was considered a prisoner of conscience, Ganimat Zahid is recognized as a prisoner of conscience for the first time. This status was also given to former Foreign Minister Tofig Gasimov.

People who are imprisoned for their diverse political or religious opinions are considered prisoners of conscience.

Ganimat Zahid was convicted under articles 127.2.3 (hooliganism with intentional infliction of minor bodily harm) and 221 (hooliganism) of the Criminal Code and imprisoned for four years. 

GANIMAT ZAHID CALLS ON NGOS TO UNITE
On 29 June, Ayanda Mursaliyeva visited her spouse, imprisoned “Azadlig” Newspaper Editor-in-Chief Ganimat Zahid in Prison #17.  The Institute for Reporters’ Freedom and Safety was told this by A. Mursaliyeva. Mursaliyeva said that Ganimat’s health is normal and he does not have any complaints about prison conditions.  
G.Zahid expressed his opinion about events going in Azerbaijan and abroad, according to Mursaliyeva.

“Ganimat responds late to incidents because he is not able to obtain information on time,” said Mursaliyeva. “He expressed his opinion on NGOs and wants them to have strong union. Ganimat thinks this idea of government is well-thought issue.”

Ganimat Zahid was convicted under articles 127.2.3 (hooliganism with intentional infliction of minor bodily harm) and 221 (hooliganism) of the Criminal Code and imprisoned for four years. This charges are widely understood to be spurious and Zahid is considered a prisoner of conscience.  

 

MAHAL ISMAYILOGLU TO BE SENTENCED TOMORROW

Today, 30 June, in the Absheron District Court, under the chairmanship of Judge Shemseddin Abbasov, a hearing took place on the case under article 127 (intentional infliction of minor severe bodily harm), 128 (intentional infliction of minor bodily harm) and 221.3 (hooliganism with use of a weapon or weapon-like item) of the Criminal Code against "Yeni Musavat" Newspaper columnist and former Editor-in-Chief of “Khalg” Newspaper Mahal Ismayiloglu. 

Defendant M. Ismayiloglu, his lawyer Elchin Sadigov, alleged victim Najiba Safarova, her lawyer Novruz Aliyev and prosecutor Tofig Suleymanoglu participated in the hearing.   

M. Ismayiloglu and his defense lawyers stated in their final speeches that this criminal case is full of prejudice and defamation and the journalist was subjected to harassment due to his professional work. Emphasizing that the investigation into the case was not carried out fairly, the defense side asked the court to throw out the case, to open a criminal case against N.Safarova participating in the hearing as injured party, and to issue a decision for N.Safarova to pay compensation.

Judge S.Abbasov said that the verdict will be announced tomorrow, 1 July.   

On 27 June 2008, M. Ismayiloglu was called to a police department on the basis of a lawsuit filed against him by his neighbor Vahid Imanov, who works in the Ministry of Interior. In the complaint it is alleged that the journalist beat his neighbor's servant for dumping trash in his yard. Therefore a criminal case on Article 221.3 of the Criminal Code (hooliganism with use of a weapon or weapon-like item) was instituted against M. Ismayiloglu.  Ismayiloglu claims that this incident never occurred and his neighbor is angry about articles that Ismayiloglu wrote.

Today, June 30, in the Binegedi District Court, under the chairmanship of Judge Allahveren Hasanov, a hearing was conducted on the lawsuit of “Korrupsiya va Jamiyyet” Journal’s Editor-in-Chief Mammad Ahmedoglu against the Press Council and the Council’s Deputy Chairman Vugar Rahimzade.

Plaintiff Mammed Ahmedoglu and lawyer Abdulla Afendizade, as well as Vugar Rahimzade’s representative Rahim Huseynzade and Press Council Social Committee Chairman Mushfig Alesgerli participated in the hearing.

During the hearing the judge issued a decision not to fulfill the lawsuit.

 “Korrupsiya va Jamiyyet” Journal was included on the list of ‘racketeering newspapers unveiled recently by Azerbaijan’s Press Council. M. Ahmedoglu says that his journal is not involved in racketeering. Therefore he has appealed to the Binagadi District Court asking the Press Council to publish a refutation and every defendant to pay 4,000 AZN for moral damages.

HEARING AGAINST “NOTA” NEWSPAPER EDITOR-IN-CHIEF SUBSTITUTE POSTPONED

Today, 30 June, in the Nizami District Court, under the chairmanship of judge Vidadi Mammadov, a preliminary hearing was held on the special lawsuit of Internal Army Department Head on Personal Staff, Colonel Nasir Huseynov under article 147.2 (accusing someone in grave or especially grave crimes) of the Criminal Code against “Nota” newspaper’s Editor-in-Chief Substitute Sardar Alibeyli.

Lawyer Alirza Habilov represented the plaintiff, and S.Alibeyli represented the defendant.

The hearing on this case was rescheduled to take place on 10 July at 4:00 p.m. due to health problems of S.Alibeyli.

The lawsuit stems from the investigative articles about the internal troops published in the latest editions of the newspaper.

DAVACHI RESIDENT CLAIMS HIS SON’S ARREST UNFOUNDED

Today, June 30, in the press center of the Institute for Reporters’ Freedom and Safety, Davachi region resident Nazim Bayramov conducted a press conference in connection with his son’s arrest under pressure of Justice Deputy Minister Nazim Alakbarov.     

According to authoritative representative of the injured party Ali Alakbarov, on 14 July 2008, in 86km of Baku-Guba road, Justice Deputy Minister Nazim Alakbarov’s sister Naila Alakbarova’s “Honda CR-V” car with state plate number 10-UR-333 hit Vasig Bayramov’s “Vaz 2107” car which was going the opposite direction on his way, and as a result ended three people’s lives.

“During this accident, Deputy Minister’s father, who was going to Guba’s recreational place Gachrash, was also killed,” said A.Alakbarov. “Although the sides came to an agreement, V.Bayramov and N.Abdurrahmanov, the driver of “Vaz 201” car with state plate number 29-BA-294, whom N.Alakbarova wanted to pass, were arrested after Nazim Alakbarov’s interference. During a hearing held in the Grave Crimes Court under the chairmanship of Judge Anvar Seyidov V.Bayramov was sentenced to 8 years and N.Abdurrahmanov to 9 years.

Appeals have been made to government organs, to the president, to the first lady M.Aliyeva many times asking for fair trial. However, no result has ever been achieved.

Lawyer A.Alakbarov emphasized that the injured party went to Naila Alakbarova’s house, but the woman refused to listen to them.

V.Bayramov is being held in Shuvalan prison.
*When using this material please attribute it to the Institute for Reporters' Freedom and Safety.

 

Institute for Reporters' Freedom and Safety (IRFS)