Below is only a small group of women and children who became victims of torture, police and judges� arbitrariness.

1934-born Gulhar Shaban gizi Pashayeva was beaten by the police in November, 2000 in the aftermath of the parliamentary elections. (Photos 1.2.3)

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Mahira Muradova was born in 1949. Photo 4 shows her with both of her eyes (taken in 2002). Photo 5 was taken on November 4, 2004. She lost her eye on October 16, 2003 having been beaten by the police in the aftermath of the presidential elections.

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After the parliamentary elections held on November 26, 2005 the police attacked the peaceful demonstrators 10 minutes before the scheduled end time allowed by the city authorities.

The police, internal and special troops were used against unarmed women, children, students and the elderly. Photos 6, 7, 8, 9, 10 show women and girls beaten by the law enforcement agencies of Azerbaijan. Photo 9 shows 68-year-old Samaya Hadjiyeva. 45-year-old Peri Gasimzade (Photo 6) was taken to hospital with collarbone and chest injury and brain concussion. Hundreds of women and girls were exposed to the same injures. The leg, collarbone and hand of 7-year-old Leyla Aliyeva (Photo 7) were injured.

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Photo 11 shows 1974-born Sayyara Heydarova as a parliamentary candidate during the parliamentary elections in 2005. Photo 12 shows Sayyara in 2008 after the illegal custody in Pretrial Investigation Ward No. 3 (November 21, 2007 � March 07, 2008). As a result, she became a disabled person of group 2.

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“VIOLATION OF HUMAN RIGHTS AND DEMOCRATIC FREEDOMS IN AZERBAIJAN”

The state turns into a band of robbers in conditions of lack of justice
Augustine Avreliy

Leyla Yunus
Director, Institute of Peace and Democracy (IPD), AZERBAIJAN
I regret to say that practically all human rights and democratic freedoms are violated in Azerbaijan.

THE RIGHT TO LIFE

I want to cite some cases as examples of violation of the right to life.

On August 17, 2009 in a prison hospital died 68-year-old political prisoner Novruzali Mammedov. He and Faina Kungurova, who died in a prison hospital 18 November 2007, can be called prisoners of conscience, as neither of them committed any crimes. Neither the investigation, nor the court trial revealed any punishable offenses of theirs. In July 2008 Novruzali Mammedov, a scholar linguist and senior researcher with the Academy of Sciences, editor of the only Talysh-language newspaper “Tolyshi Sedo”, was sentenced to 10 years in prison on the charge of espionage for Iran. During the investigation his elder son died as a result of beatings by secret services, and during the trial his younger son was arrested. However, Novruzali Mammedov did not plead guilty under both physical and mental torture (he was intimidated by his sons’ lives). He was sentenced to 10 years; his youngest son – 1.5 year conditionally (charged of drug possession). Having not stood the torture (every day for 17 hours in row the elderly man was standing almost without clothes on the cement floor of the sweat box; others), Novruzali Mammedov died as a martyr on August 17. His widow sued the Justice Ministry. On September 25 a KAMAZ truck ran into a car driven by Mammedov’s youngest son where Mammedov’s widow was. His son is in hospital. His condition is serious.

35-year-old Faina Kungurova, a prisoner of conscience who died in the same prison hospital on November 18, 2007, was Master of Sport on judo or sambo. She did not last till trial though, having made her under-aged daughter an orphan.

I want to remind that Faina was an activist with the opposition Democratic Party and was arrested at one of the meetings in 2005. After her surname had appeared in the list of political prisoners of Azerbaijan submitted to the PACE, the authorities at first released her; however, 2 years later she was again cooped up in prison after the authorities had “found” earlier planted drugs with her.

There is no accurate information on the rate of monthly death cases in detention facilities. The Justice Ministry does not disclose exact figures.

THE RIGHT TO PROTECTION FROM TORTURE

In 2006 IPD carried out a special survey on torture. It was found out that only in 2006 13 citizens died under torture. Among them: 1979-born Namig Mammedov who was beaten to death by the police of Khyzy region charged with theft of two sheep; 1967-born Rasm Alishev, the disabled person of group 2 and veteran of Karabakh war, was beaten to death in the police station of the city of Mingechevir charged with the theft of a horse (more information in “Azerbaijan and Uzbekistan: Human Rights and Democratic Freedoms in 2006”. Institute of Peace and Democracy, Azerbaijan; Bureau for Human Rights and Law Observance, Uzbekistan. Baku, 2007).
Tortures are widely spread both in the police stations (torture begins with the very first minutes of detention) and detention facilities. Despite a concrete commitment undertaken by Azerbaijan while entering the Council of Europe to punish law-enforcement officers guilty in torture none of those who tortured has been so far brought to trial. In her annual reports Ombudswoman of Azerbaijan Elmira Suleymanova insists on lack of evidence for torture in Azerbaijan.
The European Court of Human Rights already admitted the facts of torture against prisoners in Azerbaijan. I may exemplify the case of Sardar Jalaloglu (Mammedov), who was subject to the torture following his arrest in 2005. Though the authorities repaid compensation to Jalaloglu after the judgment of the European Court, none of those who had tortured him was punished.

THE RIGHT TO VOTE AND TO BE ELECTED

All the elections held in Azerbaijan beginning from 1993 (parliamentary, presidential, and municipal) has been totally rigged. Election commissions are under control of the ruling party. Only on October 15-16, 2003 night in the aftermath of the presidential elections the police arrested over 1600 activists with the opposition and civil society – members of election commissions and their families to force them to sign rigged protocols (members of election commissions were threatened with rape of their wives and daughters). In protest to the official statement on the presidential elections made by the OSCE Election Observation Mission (headed by Peter Ayker, the US) 120 representatives of the Mission (observers from Poland, Estonia, United States, Sebia, etc.) made their own Conclusion calling the 2003 elections a crime.
However, before the official announcement of the election results US Deputy Secretary of State Richard Armitage congratulated Ilham Aliyev, a son of former President of Azerbaijan, on the election win and the mass media immediately came up with reports about it.

FREEDOM OF ASSEMBLY

All actions of the citizens to protest the rigged elections have been severely suppressed by the police. The attached photos show the victims of the police violence in the aftermath of the elections – parliamentary (2000), presidential (2003), and parliamentary (2005).
No police officers were brought to trial. And what is more in June 2008 Ilham Aliyev addressing the students of the Police Academy stated literally the following, «International organizations demand that the police officers involved in violence while dispersing rallies in October 2003 and November 2005 be brought to trial. I officially state that none of them will be punished. The police were on the watch of law and order. The President’s speech was broadcasted on TV.
26 November 2005 saw the last officially sanctioned rally in Azerbaijan. Despite the constitutional right to freedom of assembly, the authorities do not allow rallies, demonstrations and even small pickets. When citizens resort to unsanctioned pickets, the police brutally beat and detain the participants.

THE RIGHT TO FREE AND FAIR TRIAL

Do the beaten and injured citizens sue the police officers? Yes, there is plenty of appeals to court against police officers who used excessive force and torture. However, Azerbaijan lacks an independent judiciary system and there is no rule of law.

Mahira Muradova was born in 1949. Photo 4 shows her with both of her eyes (taken in 2002). Photo 5 was taken on November 4, 2004. She lost her eye on October 16, 2003 having been beaten by the police in the aftermath of the presidential elections.

In June 2004 Mahira Muradova sued the Republic of Azerbaijan in Nasimi District Court. She applied to court demanding financial reimbursement for her treatment.
However Nasimi District Court, the Court of Appeals and the Supreme Court of the Azerbaijan Republic rejected her appeal. In 2005 Mahira Muradova applied to the European Court of Human Rights in Strasbourg. In April 2009 the Court in Strasburg decided against Azerbaijan admitting the violation of Article 3 of the European Convention of Human Rights and obliged Azerbaijan to pay to Muradova the compensation of EURO 25.000.

The European Court of Human Rights already admitted the facts of torture against prisoners in Azerbaijan. I may exemplify the case of Sardar Jalaloglu (Mammedov), who was subject to the torture following his arrest in 2005. Though the authorities repaid compensation to Jalaloglu after the judgment of the European Court, none of those who had tortured him was punished.

So, the only hope for Azerbaijan’s citizens is the European Court of Human Rights in Strasburg. But it takes years to get the decision of the European Court. It is often when prisoners as the above mentioned Novruzali Mammedov just do not survive till the release due to a decision of the European Court. I can cite not tens but thousands of concrete cases illegal and ungrounded court judgments daily passed in the courts of the country. I will stand on just one of them. Photo 11 show a poster of a young lawyer Sayyara Heydarova, then a parliamentary candidate during the 2005 elections. In 2005 she raised her voice against illegal construction in the yard of a house No. 21 in Khudu Mammedov street. She was accused of beating four (4) men and on July 12, 2005 Judge with Khatai District Court Iskender Gasimov sentenced her to 2 months in prison for the period of the investigation. On February 16, 2006 Judge with Surakhany District Court Shovket Najafova sentenced Sayyara Heydarova to 3 years and a half conditionally under Article 221 of the Criminal Code of Azerbaijan Republic (hooliganism). However, one year and eight months after on November 09, 2007 Judge with Surakhany District Court Latif Nabiyev summoned Sayyara Heydarova and passed a judgment on an administrative punishment and taking her into custody for 12 days. But Heydarova was taken to mental hospital where she was illegally kept for 12 days. On November 21, 2007 Judge Natavan Tagiyeva passed a judgment to arrest Heydarova.

The ungrounded and illegal court rule on arrest of the accused was passed without specifying the term of arrest.
Being in Pretrial Detention Facility No. 3 where Heydarova was taken it was found out that the court judgment by Judge Natavan Tagiyeva lacked the length of commitment (!!!) In the Pretrial Facility Sayyara Heydarova went on hunger strike…
On March 07 2008 with over 20 kg weight loss and extreme emaciation Sayyara Heydarova’s measure of restraint was changed – release from custody. She became a disabled person of group 2 (Photo 12).

On April 22, 2009 Judge with Surakhany District Court Nuraddin Mustafayev again sentenced Sayyara Heydarova to 3 years in prison conditionally (with a probation period of one year) on the charge of hooliganism. On October 23 the Court of Appeals left the decision standing. This is only one example.

According to the Law “On Courts and Judges”, the judiciary branch of the country is directly subordinate to the executive branch; for example, the Justice Ministry is in charge of appointment of judges (examinations for judges) and their dismissal. Justice Minister is also a Chair of the Judicial and Legal Board. The population of Azerbaijan amounts to over eight million people; the number of judges is no more than 400; the number of trial lawyers – no more than 700.

The courts also serve as a mechanism of implementation of repressions.
Political persecutions lead to increase in the number of political prisoners. According to the list of Federation of Human Rights Organizations, there are currently 67 of such prisoners. Among them are also prisoners of conscience. The Amnesty International added the journalists-convicts also to the prisoners of conscience.

FREEDOM OF SPEECH AND SELF-EXPRESSION

Suppressing the freedom of speech the authorities of Azerbaijan resort to both physical, out-of-court reprisal and the judiciary system against the mass media and journalists.

PHYSICAL INTIMIDATION OF JOURNALISTS AND INVESTIGATION OF CRIMINAL CRIMES IN 2005-2009

The line after which began total suppression of journalists is March 02, 2005, when Elmar Huseynov, editor and publisher of an independent weekly journal “Monitor” was assassinated at the doorway of his house.

2005

Elmar Huseynov, editor of a popular independent journal “Monitor” was shot at the doorway of his house. He got seven bullet wounds. Three years later after this assassination, not only did agencies of the Ministry of Internal Affairs and Office of Public Prosecutor which conducted an investigation fail to catch criminals but also stopped informing the public about the course of investigation.

Alim Kazimli, a photo reporter with the Yeni Musavat newspaper, passed away at a hospital in May 2005. It happened 6 month later after he had been beaten at the Police Department of Narimanov District of Baku city in December 2004. The fact of journalist’s being beaten by police was documented. However, in spite of the fact that identity of people who beat and practically killed a journalist were known, no criminal investigation was launched on this case. Nobody was brought to account for illegal actions that led to the journalist’s death.

Journalists were badly beaten on the eve of the parliament elections in 2005: Farid Teymurkhanli (craniocerebral trauma) – “Zerkalo” newspaper; Idrak Abbasov (stayed for two days at reanimation with craniocerebral trauma) – “Ayna” newspaper; Ramiz Najafli – “Boz Gurd” newspaper; Sarvan Rizvanov – “Turan” News Agency” (R.Najafli and S. Rizvanov spent several days at a hospital and got a long-term treatment) and many other journalists got different injuries. Journalists performing their duties were beaten by policemen and senior officers who did not pay attention to journalists’ ID cards and special jackets identifying their occupation.

We would like to demonstrate journalists’ opportunities to protect their life and health, as well as to obtain punishment of the guilty in these instances by the example of appeal to these law-machinery bodies.
Colonel Chingiz Mammadov, Assistant to Head of Yasamal Regional Department of Internal Ministry personally beat Sarvan Rizvanov, a journalist with Turan News Agency, when the latter was performing his professional duty on November 09, 2005. The journalist took photos of the opposition rally and had a special uniform of the Press Council on.

Sarvan Rizvanov went through all country’s instances beginning from November 11 2005 to February 08, 2006 to get Colonel Ch. Mammadov to be punished: Public Office of Prosecutor and Yasamal District Court of Baku, the Court of Appeals and Supreme Court. These instances refused to bring the colonel, who broke the law and beat the journalist, to account. In July 2006, Sarvan Rizvanov’s claim was submitted to the European Court in Strasburg. After his claim was processed in the European Court, the journalist started getting threats; he was also threatened with physical assault demanding that he withdrew his claim from the European Court.

However, Police Department 19 of Nasimi District of Baku refused to start an investigation on the fact of the threats. On August 03, 2006, Rizvanov filed a suit to Nasimi District Court to annul the decision of Police Department 19 which had refused to institute criminal proceedings with regard to the phone threats. Rizvanov noted in his claim that on April 09, 2006, he had got a call on his mobile phone from the following number 050 634-43-89. The man’s voice told him to withdraw his claim from the judicial instances. It is noteworthy that the claims were against Colonel Chingiz Mammadov, Assistant to Head of Yasamal Regional Department of Internal Ministry. In his appeal to the Court, Sarvan Rizvanov accused him of violation of Articles 128, 163.2 and 309.2 of the Criminal Code of the AR.

On August 15, M. Zulfugarov, Judge with Nasimi District Court sent a letter # K-04 to Sarvan Rizvanov. The judge refused to accept Rizvanov’s claim statement due to the lack of the written form of the decision made by Police Department 19 on refusal to institute criminal investigation.

On August 22, 2006, Rizvanov applied to Fikret Mammadov, Chairman of the Judicial-Legal Board and Minister of Justice, as well as to Ramiz Rzayev, Chairman of the Supreme Court. Rizvanov complained about illegal actions of Judge M. Zulfugarov who had violated Article 152.2 of the Civil Procedure Code. S. Rizvanov managed to achieve consideration of his demand to launch a criminal case at Police Department 19. On august 18, a written decision about refusal to institute a criminal case was passed. The document was signed by investigator Elnur Isgenderov and Colonel-Lieutenant Muhasir Abdullayev, Head of Police Department 19. On August 28, Rizvanov once again applied to Nasimi District Court proceeding from this decision. At the time the case was accepted for consideration (Case № 3636/2006).

The consideration of this case was suspended three times. Finally, Judge M. Zulfugarov applied to the Public Office of Prosecutor of Nasimi District so that to reach an evaluation of the decision of Police Department 19. In reply to the letter of Judge M. Zulfugarov, Agshin Ziyadov, Prosecutor of Nasimi District called the decision made by the Police Department to be shallow and non-professional.

On September 11, 2006, Judge M. Zulfugarov cancelled the decision of the Department with reference to the mentioned letter of Prosecutor Agshin Ziyadov. S. Rizvanov’s example illustrates the absence of the independent judicial system and reasons journalists’ refusal to apply to justice agencies. Fearing for his own life and still threatened, Sarvan Rizvanov had to emigrate from Azerbaijan.

According to the report of the Institute for Media Rights, 10 facts of assault on journalists were observed in 2005.

2006

Azadlyg newspaper’s journalist Fikret Huseynli was kidnapped by unknown people at night of March 05-06, 2006. He was attacked by three civilians. In the village of Patamdart, he was forcibly taken into the car in which he was beaten. He got some knife injuries on the neck. He was thrown out of the car in the area of an old bus station after he lost his conscience. Passers-by who found him, took him to the hospital where he was given medical aid. Despite the fact that a police department of Sabail District instituted a criminal investigation, it found neither guilty, nor even suspects.

On May 03, 2006, sports commentator of Zerkalo newspaper Rustam Mikailli was beaten by the police during the football match at a stadium of Surahany District. He was viewing the match from the stand for fans though the law envisages that he should be provided a seat in the box for mass media. Surakhany Police Department started an investigation on the case, but the policemen who had beaten the journalist were not brought to account.

At night of May 18-19 2006 unknown people blocked the road of Editor with newspaper “Bizim Yol” Bakhadin Gaziyev’s car (on his way back from the printing house). He was forcibly taken out of the car, his hands were tied and a sack was set on his head. Further, he was forcibly pushed into the car and taken out of the city. He was beaten and threatened for his publications. A little later he was brought to some suburban cottage where he underwent physical and moral abasement. It seems like that the entire process of humiliation was ordered as it was video recorded and even photos were taken. The kidnappers rang up someone for several times asking whether to kill him or not. After this, he was taken to the outskirts and dropped on the shore of the Masazir Lake. That night he escaped death by a miracle, because he was almost torn to pieces by tramp dogs. Seeing that dogs did not touch the man lying motionlessly on the ground, the kidnappers returned and hit him by car. He got numerous open fractures of legs and hips. In the morning, the journalist was found by local residents who called an ambulance and the police. The kidnappers also threatened to deal with his wife and kids if he did not stop writing critical articles about the country’s officials and the government. The journalist is still under treatment. The investigation on this case is frozen, for the authorities demonstrate a frank disinterest in disclosing this crime.

Nijat Daglar, a correspondent with “Azadlyg” newspaper, was hit near his house in the afternoon of December 25. Four unknown people approached him near a bus station, knocked him off his feet and started hitting him with their hands and legs. Seeing people approaching they hit him with a knife and ran away. The journalist’s winter clothes saved his life. He stayed for 5 months at a hospital. An investigation was launched by the Office of the Public Prosecutor, but just as in the previous cases on physical assaults on journalists the case remained frozen.

2007

Uzeyir Jafarov, Editor of “Daily Azerbaijan” newspaper, was attacked on April 20, 2007. Some people waylaid him near the editorial office and hit on his head with a crow-bar. U. Jaffarov’s colleague saved him when they heard him screaming.

On the same day, Editor of “Real Azerbaijan” newspaper Eynulla Fatullayev was sentenced to 2.5 years under Articles 147 and 148 of the CC of the AR (slander and insult). The representatives of the Internal Ministry were also present in the court room. During the trial, Uzeyir Jafarov identified police captain Nabi Najafov, a juvenile officer with Yasamal District Police Department. The mass media published the captain’s photo. The Office of Public Prosecutor received an appeal of the journalist and nothing hindered to conduct an investigation on the crime and punish the officer. It was not that difficult to prove Captain N. Najafov’s guilt since the journalist had been attacked near the office of the International Bank of Azerbaijan and there must have been the footage of the attack scene. There were public appeals demanding that the Office of Public Prosecutor and the Internal Ministry obtain the footage and punish the criminal. However, Internal Minister Ramil Usubov did this: he accused the journalist of staging the attack and hurting himself.

Of course, after the Minister’s such a statement nothing can be said about a criminal punishment of the captain. Minister Ramil Usubov openly demonstrated in front of the country’s and international community full impunity of power structures and absolute defenselessness of citizens in the face of legal and criminal arbitrariness in Azerbaijan.
Journalist Uzeyir Jafarov went through all judicial instances of the country (starting from Yasamal District Court). For the time being the case has been sent to the European court in Strasburg for consideration.

2008

In February 2008 two officers with the national security beat up Agil Khalili, a correspondent with newspaper “Azadlyg”. A month later four unknown people hit his chest with a knife. Despite the video and photo evidence, the authorities refused to investigate and launch a mass media campaign to discredit Agil Khalili. They alleged that he was a homosexual and that the stabbing wound was received from his former boy-friend Sergey Strekalin. Strekalin pled guilty in the crime and was sentenced to one and a half year in prison for stabbing Agil Khalili. The court decision allegedly “proved” that assault of Khalili had been rooted not in his journalist activity but had personal grounds. In May 2008 Agil Khalili was again assaulted. He left the country toward the end of 2008.

On June 14, 2008 Emin Huseynov, Head of Institute of Freedom and Safety of Reporters, and his two colleagues were detained while performing their journalist duty. Emin Huseynov was threatened and insulted. Then a policeman standing behind hit him on his neck with a pistol.
Later he was taken to hospital for 24 days with a serious head injury. Emin Huseynov applied to Nasimi District Court. On July 25, 2008 the Court returned the statement of claim without consideration referring to violation of Articles 149, 150 of the Civil Procedure Code of AR in drawing the statement.

Only in 2008 alone there were 49 cases of insult or physical assault of journalists.

2009

10.30 a.m. the police illegally detained Idrak Abbasov, a journalist with newspaper “Ayna” and “Zerkalo”, an employee with the Institute of Freedom and Safety of Reporters. The journalist was shooting buses of Route 156 the drivers of which initiated a strike. According to Idrak Abbasov, he was assaulted and “with my hands pinioned they took my photo camera, my journalist ID and a mobile phone. I was brought to some room and kept there for over one hour”.
The journalist was released only after Niyazi Rustamov, Director of Technical Control “Baku Passenger Transport”, spoke to some people unknown to the journalist on the phone.

On October 08 around 12.00 on his way to the editorial office 1988-born Ravil Mammedov, Deputy of Shahin Agabeyli, Editor of newspaper “Milli Yol” and owner of the webportal “Poligon”, was forcibly put in a car by 5 men in civilian clothes and taken to an undisclosed location. Being with Ravil that time his friend informed Shahin Agabeyli on abduction of Ravil. The editor informed the Internal Ministry on the abduction of the journalist. In its turn, the Institute of Freedom and Safety of Reporters applied in written to the Internal Ministry regarding the abduction. Around 16.00 p.m. we could reach Ravil Mammedov though his mobile phone which had been closed before. He told that police officers had taken him but he could not tell where he was.

Around 18.00 Shahin Agabeyli received a telephone call from Sadig Gozalov, Head of Press Service with the Internal Ministry and told him that he tried to clarify the situation with Ravil Mammedov. Journalist with newspaper “Milli Yol” Eldaniz Elgun went to a meeting in the Press Service of the Internal Ministry. Around 18.35 p.m. some civilians (about 10) began to surround the editorial office located at the intersection of Rasul Rza and Bashir Safaroglu streets.

Shahin Agabeyli phoned to the Office of the Institute of Freedom and Safety of Reporters asking to send some of their staff. When the editor opened the door to let the employees in, men in civilian clothes rushed into the Office and pinioned arms of Shahin Agabeyli and the employees with the Institute confiscating their video and photo cameras. Only after this, the assailants showed their Internal Ministry IDs to the journalists. They also detained Elnur Mammedov, an employee with the Institute, who captured on video the assault of the police from the street. Afterwards, all employees of the Institute were released, but Shahin Agabeyli was taken without any explanations to Department for Combating Organized Crime of the Internal Ministry.

In the Department Shahin Agabeyli was informed that his deputy Ravil Mammedov and newspaper journalist Eldaniz Elgun were also kept in the Department. Department Chief explained the reason of their detention – publication of an article “Soon staff redundancy in the Internal Ministry” dated October 06 posted on the webportal “Poligon”. (According to Agabeyli, the article had been taken from newspaper “Nonsense” dated October 05, and the Ministry thought that the article had been written by the journalists of “Poligon”. The webportal was registered for Ravil Mammedov and for that reason the police had detained him first.

The Department considered the article to be harmful and provocative and informed the editor of this. Shahin Agabeyli stated that it had not been necessary to carry out an operation to seize the journalists. He just could have been invited to the Department or they could send the opinion of the Internal Ministry concerning the article, and the opinion would have been published without fail. Around 21.00 p.m. all the detained journalists were released and their confiscated video and photo cameras were returned.
The Institute is preparing a court claim against the police officers who had abused their authority on October 08.

The number of attacks and physical intimidations over journalists keeps increasing. 150 (one hundred and fifty) acts of physical violence were committed against journalists within the first 5 years of Ilham Aliyev’s presidency. It is noteworthy that only two cases out of 150 were investigated and the guilty were brought to trial and condemned. Representatives of pro-governmental mass media became victims in both cases: journalists of the TV Broadcast Lider and Public TV. Azerbaijan’s authorities practically encourage and consciously provoke these criminals by refusing to conduct investigations of crimes committed against the representatives of the independent and opposition mass media. Facts on persecution of journalists, crimes committed against mass media by law-enforcement agencies, conscious refusal of the Office of Public Prosecutor and the court to reveal the truth and punish criminals are considered to be a vivid evidence of the political order to suppress freedom of speech in Azerbaijan.

JUDICIAL PERSECUTION OF JOURNALISTS IN 2006-2009

A commitment to ensure freedom of expression and independence of mass media and journalists, particularly to eliminate application of administrative measures for restriction of mass media freedom was passed on January 25th, 2001 upon Azerbaijan’s entry to the Council of Europe and the ratification of the European Convention on Protection of Human rights and Fundamental Freedoms. According to Azerbaijan’s legislation, international conventions to which Azerbaijan is a party are considered to be the prime judicial acts after the national Constitution. The first part of Article 10 of the Convention reads: “Everybody has the right to freely express his opinion. This right envisages free maintenance of one’s opinion and freedom to get and spread information as well as ideas on non-interference of public authorities.”

However, Azerbaijan’s Criminal Code contains clauses about criminal responsibility for defamation. Article 147(slander) and Article 148 (insult) of the Criminal Code of AR (СС AR) envisage punishment in the form of imprisonment for the period up to 3 years apart from paying penalties. These articles, criminal defamation underlie numerous claims and judicial proceedings against journalists and mass media.

The authorities also apply other articles of the Criminal Code to punish journalists.

2006

Shahin Agabeyli, Editor with “Milli Yol” newspaper was arrested on August 9, 2006. A day later, four hearings on his case were held in Nasimi District Court.
Due to the claim of the Parliament Deputy Speaker Arif Ragimzade from ruling party “New Azerbaijan”, Judge Gulnara Tagizade sentenced Agabeyli to one year imprisonment in the colony of common regime. The charges were brought under Articles 147 and 148 of the CC of the AR (insult of honor and dignity, slander).
Apart from Arif Ragimzade, Khatai District Municipality of Baku city, Minister of Internal Affairs Ramil Usubov and Police Department 22 of Nasimi District sued Shahin Agabeyli. The journalist lost cases on all three suits. Big fine sanctions were imposed on him proceeding from all the suits.

Minister of Internal Affairs Ramil Usubov and officers with the Ministry’s Main Department for Drug Trafficking file lawsuits against “Azadlyg” newspaper and a renowned journalist and political scientist Zardusht Alizade.

On August 9, 2006, Sabail District Court fined political scientist Alizade and “Azadlyg” newspaper at the sum of 5 thousand AZN (about $5.500). Both the newspaper and the political scientist were fined under the same Articles 147 and 148 CC of AR. The court passed a decision that apart from the fine the newspaper must express apology (not envisaged by the legislation) to the suitor Azi Aslanov, Head of the Main Department for Drug Trafficking.

Fikret Faramazoglu, Editor of newspaper “24 hours” was sentenced to 1 year imprisonment on August 25th, 2006, due to the suit of Minister of Internal Affairs Ramil Usubov. Nasimi District Court found Faramazoglu guilty under the same Articles 147 and 148 CC of the AR. On the basis of another suit of Ramil Usubov the same court fined the journalist at the sum of 1 thousand AZN (about $110). Javid Gurbanov, Deputy Head of the ruling party also sued the newspaper “24 hours” and its editor. According to the suit of Gurbanov, Nasimi District Court sentenced F. Faramazoglu to one year and two months of conditional imprisonment under the same Articles 147 and 148 of CC.

On September 26, 2006 a sentence was passed on Eynulla Fatullayev, Editor of newspapers “Real Azerbaijan” and “Daily Azerbaijan” according to the suit of Ramil Usubov, Minister of Internal Affairs. Having found him guilty in violation of all regulations of the same articles 147 and 148, the court sentenced Fatullayev to two years of conditional imprisonment.

Hajibala Abutalibov, Head of the Executive Power of Baku city, Tariel Agayev, Aide to the President of Azerbaijan, Adil Alekberov, Chief Officer of Criminal Investigation Department of the Internal Ministry sued “Azadlyg” newspaper during August-September 2006.

In November 2006, Sabail District Court of Baku fined “Azadlyg” newspaper at the sum of 40 thousand AZN ($45.000), as well as its Editor Ganimat Zahid at the sum of 25 thousand AZN ($30.000). The court decision was passed in favor of Tariel Agayev, Presidential Aide. All the decisions conformed with Articles 147 and 148. In March 2007, the Court of Appeals left this decision standing.

Thus, two journalists were sentenced to one year imprisonment under Articles 147 and 148 of the CC of AR in 2006: Samir Adigezalli, Editor of “Beyuk Millet” newspaper and Shakhin Agabeyli, Editor of “Milli Yol” newspaper; the rest two journalists were sentenced to conditional imprisonment: Eynulla Fatullayev, Editor of “Real Azerbaijan” newspaper was sentenced to two years and Fikret Faramazoglu, Editor of newspaper “24 hours” was sentenced to one year. It is noteworthy that the Grave Crimes Court sentenced the journalist of “Azadlig” newspaper Sakit Zahidov to 3 year imprisonment under the falsified case of drug storage.

2007

The number of suits brought against the mass media and journalists increased in 2007. Both mass media and journalists were accused of slander and insult. According to the report of the Institute of Media Rights, over 100 (!) judicial processes were held against the mass media in 2007. This is ten times higher compared to the figures of 2005. In 2007 the number of suits on defamation, the total sum of fines imposed on the mass media and number of convicted journalists reached its peak as against with the figures of previous years.

On January 9, 2007, Narimanov District Court accused journalist Faramaz Novruzoglu and Sardar Alibeyli, Editor of “Nota Bene” newspaper under Articles 147 and 148 of the CC of the AR on basis of suits brought by Minister of Internal Affairs Ramil Usubov and Nazim Ibragimov, Head of the State Committee for Azerbaijanis living abroad. Both of them were found guilty due to the articles published in the newspaper. F. Novruzoglu was sentenced to 2 years of imprisonment; S. Alibeyli was sentenced to 18 months of correctional work.

Yasamal District Court accused Eynulla Fatullayev, the founder and editor of two newspapers “Real Azerbaijan” and “Daily Azerbaijan” under Articles 147 and 148 of CC of the AR. The court ruled on the basis of suits brought by Tatyana Chaladze, Head of the Center for Protection of Rights of Refugees and IDPs. Fatullayev was accused of articles published at an Internet forum (Fatullayev claimed that they were imputed) and sentenced to 2 years and 6 months.

However, the authorities were not satisfied with this punishment. The Office of the Public Prosecutor and the Ministry of National Security filed an action against Fatullayev under Articles 283 (instigation of national, racial and religious animosity) and 214 (terrorism) of the CC of the AR for an article published in “Real Azerbaijan” newspaper about possible consequences of the war in Iran for Azerbaijan.

The editor was also accused under Article 213.2.2 (tax evasion) of the CC of the AR. Based on the mentioned articles the Grave Crimes Court sentenced Eynulla Fatullayev to 8 years and 6 months of imprisonment. 23 computers of the editorial office were confiscated in line with the court decision, thus “Real Azerbaijan” and “Daily Azerbaijan” newspapers ceased their activity. The court obliged E. Fatullayev to pay a fine of 242 thousand AZN (about $298.000) to the Ministry of Taxes and 3 thousand AZN ($3.700) to the Ministry of National Security. This was the most severe decision against a journalist in the history of the national courts.

Yasamal District Court found Rovshan Kebirli, Editor of “Mukhalifat” newspaper, and Yashar Agazade, Editor of this newspaper, guilty under Aticles 147.1 and 147.2 of the CC of the AR for publishing articles about trade centers and business structures which belong to Jalal Aliyev’s family. The court ruled based on the suits brought by MP Jalal Aliyev( President Ilham Aliyev’s uncle) and sentenced journalists to 30 months imprisonment.

Adeola Agbabayka, a British citizen of Nigerian origin and Director of the Joint Venture “MURPHY Shipping Commercial Services Azerbaijan”, as well as her representative Namik Alekberov sued Mamed Akhmedoglu, Editor of the journal “Corruption and Society”. The suitors claimed that article “Judge’s oath and appetite” published in the journal was of slander character and demanded payment of 300.000 AZN (about $380.000) due to moral damage and also demanded a criminal punishment for the Editor.

Yasamal District Court accepted the suit against Editor of the journal “Corruption and Society”. The court did not reject the claim despite the fact that M. Akhmedoglu had provided documentary evidence which proved falsification of the materials by “MURPHY”.

Yasamal Court passed an absurd decision in October 2007 obliging Mamed Akhmedoglu to pay a fine to the suitor and prohibiting the journalist to conduct a press-conference about the court trial and convey information on the court and suitors’ activity to the mass media.

Thus, the court stood against the right of the mass media and the community to fight corruption and demand transparency in activities of business structures. The Court of Appeals refused to satisfy the statement about the judicial invalidity of the decision of the first instance court.

Only in October 2007, according to the report of the Institute of Media Rights, 50 court hearings were conducted based on claims of suitors accusing newspapers and journalists of slander. The suitors demanded compensations totally worth 2 million 387.800 AZN. According to court decisions, fines at the sum of 250-300AZN are imposed on the mass media.

On November 6, 2007, Editor of “Ideal” newspaper Nazim Guliyev was sentenced to 2 years and 6 months by Nasimi District Court. He was accused of slander and insult. Turan News Agency reported that Judge Ikram Shirinov found the editor guilty under Articles 147 and 148 (slander and insult) of the CC of AR. The claim was brought by Natig Jafarov, Head of Binagadi Gas Department.

Ilgar Nasibov, a correspondent with “Freedom” Radio Station, suffered physical pressure and insults from the police in November 2007 while preparing a report on destruction of trade facilities in Nakhchevan city. The journalist filed a complaint to the electronic address of the country’s President Ilham Aliyev. However, Sabuhi Novruzov, Head of Police Department of Nakhchevan city, considered the claim to be a slander and applied to the court demanding criminal proceedings against the journalist under Article 147 (slander). The court satisfied the claim and sentenced Nasibov to 3 months imprisonment. However, it was decided to stop investigation of the criminal case while considering the appeal of I. Nasibov. I should note that the ruling was passed due to withdrawal of the complaint by the suitor. Further, the Supreme Court of Azerbaijan satisfied the appeal of I. Nasibov.

According to Turan News Agency, in May 2008 attorneys of Ilgar Nasibov, the correspondent of “Freedom” Radio Station in Nakhchevan, sent their appeal to the European Court on Human Rights.

On November 13, 2007, Binagadi District Court of Baku city ruled to impound and burn the whole edition of the book “Public Television in the press mirror”. According to the name, the book included articles published in the press revealing the activity of the Public Television. Public TV was created in Azerbaijan due to the obligation before the Council of Europe and started broadcasting in summer 2005. The Law on Public TV and the process of its creation suffered acute criticism from experts of the civil society. Actually, the second channel of the governmental AzTV operates in Azerbaijan under the name of “Public TV”. In order to evaluate the work of Public TV and cover the operation of TV in the mass media, Azerbaijan’s NGOs implemented a project on covering the work of Public TV in the mass media. However, the presentation of the project results and a book under the project was halted by the staff of Public TV.

A few months later, Binagadi District Court ruled to destroy the books (!!). According to the statement of the Institute of Peace and Democracy dated November 14, 2007, this is considered to be the first judicial judgment on books in independent Azerbaijan. During the Soviet times people were imprisoned for reading and distributing forbidden literature.

The judicial hearing against newspaper “Bizim Gundam” and its journalist Nargiz Jamalgizi was held on December 15, 2007 in Yasamal District Court. The suit was brought by Novruzali Aslanov, Head of the Society of Red Crescent.
In the opinion of the suitor the articles called “Other side of Red crescent” published in newspaper Bizim Gundam” humiliated honor and dignity. Thus, he demanded that the newspaper pay a sum of 10.000 AZN (about $10.600) and Nargiz Jamalgizi pay 5 000 AZN (about $5.500).

According to the Institute of Freedom and Safety of Reporters, the suitor partially withdrew his demand since the newspaper had given refutation but he did not do it for journalist N. Jamalgizi. The court satisfied suitor’s demand with regard to the journalist. The journalist was fined by 5000 AZN.

The Monitoring of the Democratic League of Azerbaijan’s journalists fixed 493 various facts of pressure against freedom of speech and the mass media within 6 months (June-December) of 2007. While suing the mass media, let alone criminal responsibility, the demand of a fine at the sum of 1 220 000 AZN was put forward. The mass media was fined at the sum of 106 thousand 495 AZN (about $132.000) based on the court decisions in June-December 2007.
Thus, pressure against freedom of expression in Azerbaijan suddenly increased in 2007, usage of judicial system, as a punitive body against the mass media, particularly the accusations of defamation became widespread.

103 court hearings were held against the mass media in 2007. This is a record number in the whole history of Azerbaijan.
Rashid Gajili, Director of the Institute of Media Rights, pointed out that 95% of court claims against the press were raised by officials in 2007: out of 103 suits, 81 were raised by state officials, 12 by representatives of show business, 4 by businessmen, 6 by others.

In the meantime, it should be noted that apart from articles on defamation, authorities of Azerbaijan started widely resorting to trumped-up charges of terrorism, hooliganism and drug possession against independent journalists. For example, Eynulla Fatullayev, the founder and chief editor of newspapers “Real Azerbaijan” and “Daily Azerbaijan” was sentenced to 8 years and 6 months of imprisonment accused of terrorism. Ganimat Zahidov, Editor of newspaper “Azadlyg”, was accused of hooliganism and taken into custody for 2 months for the period of the investigation on his case. Sakit Zahidov, journalist with “Azadlyg” newspaper, was sentenced to 3 years accused of drug possession.

2008

“The range of court fines imposed on the mass media in Azerbaijan exceeds the amount of “media advertisement”. Alesger Mamedli, an expert with the Institute for Media Rights, made this statement participating in the round table “Freedom of Speech and Courts” on February 8, 2008, Turan News Agency reports. Mamedli reported that money penalties worth 1.1 million AZN were imposed on newspapers and journalists during 36 court hearings held last year. “All this points to tendency of moving away from European values despite statements on integration of Azerbaijan with Europe”, he said.
While addressing at the round table, Mehman Aliyev, Director of Turan News Agency, noted that the authorities aspired to squeeze free press and eliminate pluralism within the country. Courts became an instrument to conduct the policy. He added that the small market of advertisement (worth 2 million AZN) in the press dropped 30-40% over the past year.

On March 7, 2008, Ganimat Zahidov, Editor with Azadlyg newspaper, was sentenced to 4 years imprisonment under Articles 127.2.3 (deliberate infliction of injury to one’s own health) and 221.1 (hooliganism) by Yasamal District Court of Baku.
The court passed a judgment in the absence of G. Zahidov.
The judgment was based on the falsified accusation against the editor after the organized provocation on November 7, 2007. On that day, the chief editor was approaching the building of the publishing house “Azerbaijan”. It was about 16:00pm. A woman standing on the stairs of the building turned to him and expressed her dissatisfaction in loud voice. In the meantime, the editor was hit by a man with shaped body (Vusal Hasanov).

Ganimat Zahidov was detained on November 10, 2007 and the criminal case was launched against him on the same day. A day later, the court decided to impose a 2-month arrest on G. Zahidov as a preventive punishment. Afterwards, the term of custody was prolonged and Zahidov was sentenced to 4 years of imprisonment.

On June 23, 2008, Azerbaijan’s Grave Crimes Court chaired by Judge Shakir Alesgerov completed the hearing on the case of Novruzali Mamedov, Head of the Talysh Cultural Center, Editor of “Talyshi Sedo” (Talish’s voice) newspaper. He was sentenced to 10 years on the charges of treason.

Analysis of the court sentences against the mass media and journalists during 2006-2008 reveals that more severe sentences against journalists were brought under other articles including accusation of terrorism and drug possession. The falsification of these accusations is evident. Recognition of the three journalists to be prisoners of conscience by the Amnesty International was not accidental. However, most of legal actions, court hearings (103 court hearings in 2007) brought against journalists and the press are based on defamation articles: notorious articles 147 (slander) and 148 (insult) CC AR.
We will considerably promote freedom of speech and the mass media through decriminalization of defamation in Azerbaijan.

2009

The widely publicized case of bloggers Adnan Hajizade and Emin Milli (Abdullaev )included two kinds of pressure on freedom of speech and freedom of expression: violence and court (criminal) actions. The young bloggers were at first severely beaten and then imprisoned accused of hooliganism.
Adnan Hajizade and Emin Milli (Abdullayev) were in Baku-located café “Lebanes” with their friends in the evening of July 08 of this year when they were suddenly assaulted by two strongly built young men. With severe bodily injuries the bloggers resorted to Police Department of Sabayil District of Baku and investigator Ziya Aliyev accused them … of hooliganism and immediately took them into custody.

Several rights were violated by that. Firstly, Isakhan Ashurov was initially not allowed to Hajizade and Milli as their trial lawyer, which is against the law. I am saying this as I was with him that time. Secondly, though the boys were bleeding, they were denied medical help. Thirdly, inhuman treatment took place, as they were handcuffed to each other.

After they had been sent to a pretrial detention center, violations (now joint ones) went on from the side of the Internal Ministry and the General Prosecutor’s Office. For example, a joint statement of these law-enforcement agencies disregarded presumption of innocence of the young men. The document which was, by the way, spread prior to court decision found them guilty of hooliganism as a proven fact. Then, their right to a public free trial was violated. The trial was held in Sabail District Court on July 10, and it was closed for the public at that. If the case is qualified as hooliganism, then it is a mere criminal act. Why on earth was the process private? This is an open violation of the European Convention on the right to a free and fair public trial to which Azerbaijan has long been a party! I want to stress here that three subsequent trials on the bloggers were private.

Today on October 30 Adnan Hajizade and Emin Milli are still in prison. Their trial in Sabail District Court began back on September 04 with numerous violations of both national legislation and the European Convention on Human Rights.

IN LIEU OF CONCLUSION

The help of the western democratic community is not adequate.
The President of Azerbaijan is not only a guest of honor in Washington, Berlin, Paris, London, Brussels. Leaders of western democracies heartily shake his hands, award orders (for example, French Legion of Honor) and lend a sympathetic ear to his speeches that “democracy cannot be established overnight”…