Human Rights Campaign
A Call for the Freedom of Expression in Azerbaijan, July 2009
Aim of Campaign
The aim of the Human Rights Campaign is to investigate and update members on the human rights situation in Azerbaijan, including producing reports focused on freedom of expression, particularly in relation to media and journalistic freedom. By working with individuals and groups in Azerbaijan we hope to support the development of freedom of expression, helping to break down the current system which maintains the cycle of intimidation and repression.
We aim to support any individual or group who suffers from the current practice of intimidation and harassment by disseminating details of the cases to an international audience and aiming to provide updates on the situation to our members.
Britain maintains a strong business partnership with Azerbaijan due to it’s oil resources, but it also has the benefit of individual rights to ensure our ability to speak out and express ourselves as free individuals. In turn it is vital that as a nation we support the people of Azerbaijan to develop their own free society. As expressed by Nicola Duckworth, Europe and Central Asia Programme Director at Amnesty International: “a society without an independent media and civil society is a voiceless society’.
Background to the human rights situation in Azerbaijan
In reports from International NGO’s including Reporters Sans Frontiers and Amnesty International, freedom of expression in Azerbaijan continues to be heavily restricted. Both organisations have reported and criticised a number of trials where journalists have faced charges of hooliganism or bribery, wholly unrelated to their journalistic activities. These trials were found not to meet international fair trial standards, and they reflected the government attempts to effectively silence any reporting critical of the government.
‘Opposition and independent journalists continue to face harassment, physical assault and intimidation on account of their journalistic activity. Although defamation and libel continue to be criminal offences, several journalists were imprisoned on other criminal charges ostensibly unrelated to their journalistic activity, such as “hooliganism” or “bribery”’ (Reporters San Frontiers, World Report 2009)
According to Reporters San Frontiers there are currently three journalists imprisoned, Mushfig Huseynov (Bizim Yol, journalist) Ganimat Zahidov – (Azadlig journalist) and Eynulla Fatullayev – (Gundelik Azerbaijan and Realny Azerbaijan journalist). There are also two cyber dissidents, Adnan Hajizade and Emin Milli detained as outlined below.
On 9th March 2009, the Parliament of Azerbaijan voted to amend the Law of Mass Media in Azerbaijan. International Human Rights groups, as well as the European Commission for Democracy Through Law (Venice Commission) expressed concern that the planned changes could be used to prevent the reporting of events of public interest and further stall the developments of free speech in the country.
The referendum of 12th March in addition to the 9th March amendments introduce restrictions and obligations on media organisations, including the prohibition of filming, photographing and recording of people without their consent or permission. There is concern that these laws will be used to restrict individual’s activities even further.
CASES OF CONCERN
1. Journalists repeatedly detained for any article deemed critical of the government
Adnan Hadji Zadeh and Emin Milli were arrested on 8th July 2009 after reporting an incident where they claimed to have been assaulted in a Baku Café. They were then placed in pre-trial detention for two months and have been charged with hooliganism under article 222.1 of the criminal code, whilst the other men were released without further questioning.
Their lawyers, the only people who have had contact with the men since the arrest, state that there is no evidence the two men committed any offence. Furthermore, they believe that the judge’s decision to detain them was illegal. Both Adnan and Emin sustained injuries during the attack and were not provided with immediate medical care, nor access to lawyers of their choice.
Reporters Sans Frontiers state: ‘Under article 5 of the European Convention on Human Rights, the right to freedom is subject to only a few legal exceptions and people may be detained only in certain precise circumstances, for example, where they are suspected of having committed crimes or when a court has sentenced them to imprisonment. Such circumstances do not exist in this case.’
Adnan and Emin are well known in their country for being outspoken about the lack of freedom of expression in Azerbaijan and are engaged in the growing youth movement which aims to bring an end to the intimidation and harassment currently employed by authorities across Azerbaijan. Azerbaijani human rights organizations have expressed concern that the charges brought against them have been fabricated to punish the two youths for their online activism critical of the government.
A court appeal was rejected on 20th July 2009, despite a large number of international human rights groups, political figures and individuals calling for the release of the two men. International support for their release continues to grow with demonstrations outside Azeri embassies including in Paris and London.
Amnesty International have reported on the continued clamp down of journalistic activity in Azerbaijan:
‘This is not the first case in which the Azerbaijani authorities have used criminal charges to silence peaceful dissenting voices. For instance, prisoner of conscience Qanimat Zahid, the editor-in-chief of opposition newspaper Azadliq, was sentenced to four years’ imprisonment on charges of hooliganism and assault in March 2008. Several other journalists have also been imprisoned on questionable charges in the past few years. (Amnesty International)
‘Reporters Sans Frontiers’ classified Azerbaijan as 150th out of 173 countries in their 2008 press freedom index and has raised an international campaign for this case by releasing a public letter to the Minister of Justice in Baku.
2. Media freedom curtailed following the ban of foreign radio stations from 1st January 2009
On 1st January 2009 the government of Azerbaijan withdrew the licences of foreign radio stations to broadcast on local frequencies. As well as Radio Free Europe/Radio Liberty, Voice of America and BBC, local FM broadcasts of Russian radio station Europe Plus was also affected.
‘The underlying reason seems to be political, as RFE/RL, VOA and the BBC have been the only independent news media to tackle subjects that are ignored by media loyal to the government. Broadcasting 67 hours of programming a week, RFE’s Azeri-language service has had a very large audience, one drawn by the diversity of views expressed on the air and its coverage of issues such as corruption, infant mortality, the state of the health system and the elections.’ (Reporters San Frontiers)
In the Human Rights Campaign, Friends of Azerbaijan aims to:
- Research the human rights situation in Azerbaijan, providing updates on specific cases, links to reports and campaigning for justice where required.
- Support individuals and groups in Azerbaijan and the UK in their quest to develop freedom of expression and the media in Azerbaijan.
- Develop a contacts base to support the above aims and update members on a regular basis
References
Amnesty International, (June 2009) ‘Azerbaijan: Independent Journalists Under Seige’, EUR 55/004/2009, http://www.amnesty.org/en/library/info/EUR55/004/2009
Amnesty International, (22 June 2009) ‘Press Release – Azerbaijan: Amnesty International in Support of Independent Journalists’, http://www.amnesty.org/en/for-media/press-releases/azerbaijan-amnesty-international-support-independent-journalists-2009062
Reporters San Frontiers, (Jan 2009) ‘World Report: Azerbaijan’, http://www.rsf.org/en-rapport91-Azerbaijan.html
