6 January 2010

Alert

Editor to be tried on new charge, sentenced to two months' detention in isolation unit


(CPJ/IFEX) - New York, January 4, 2010 - The Committee to Protect Journalists demanded today that Azerbaijani authorities scrap a new trumped-up charge against imprisoned editor Eynulla Fatullayev, a 2009 recipient of CPJ's International Press Freedom Award. On December 30, Fatullayev was charged with drug possession after prison guards allegedly found heroin in his cell. On New Year's Eve, a Baku district court judge ordered the editor be tried on the fresh charge, following a late-night hearing that lasted just minutes.

Based on Fatullayev's account and the government's long record of persecuting the editor, CPJ believes the charge is fabricated.

At around 10 p.m. on December 31, Fatullayev was taken from Prison Colony No.12 to the Garadag District Court, his father, Emin Fatullayev, told CPJ. After a hearing that lasted about 15 minutes, a judge sentenced Fatullayev to two months of detention in an isolation unit while he awaits the new trial. On Saturday, he was moved to a unit in the village of Kyurdakhany, about 10 miles (15 kilometers) from Baku, according to local news reports.

Authorities have not yet set a trial date. If convicted of drug possession, Fatullayev faces up to three years in prison in addition to the eight-and-a-half-year term he has been serving since April 2007 on trumped-up charges of defamation, incitement of ethnic hatred, terrorism, and tax evasion. Three of those charges were instigated against him after he was already jailed, CPJ research shows.

"The government persecution of Eynulla Fatullayev is excessive in its zeal and scope," said CPJ Europe and Central Asia Program Coordinator Nina Ognianova. "We call on Azerbaijani authorities to drop this absurd new indictment against him."

On December 29, guards in Baku claimed to have searched Fatullayev's cell and discovered 0.22 grams of heroin in a jacket, according to local news reports. Fatullayev categorically denied possessing the drug and said it was planted on him, defense lawyer Isakhan Ashurov told CPJ.

The government began prosecuting Fatullayev after he reported on a government cover-up in the unsolved 2005 murder of his colleague Elmar Huseynov.

The charge was filed as the European Court of Human Rights deliberates a case brought by Fatullayev against the government of Azerbaijan, alleging unjust prosecution. Emin Fatullayev told the Azerbaijani service of the U.S. government-funded Radio Free Europe/Radio Liberty that the new charge would ensure his son would remain in jail no matter what the European Court found. The court, based in Strasbourg, France, has authority to review the actions of domestic courts, issue rulings, and levy sanctions. As a member of the Council of Europe and a signer of the European Convention on Human Rights, Azerbaijan is bound by the court's decision.

"It's not hard to link the timing of this new charge to the European Court action," Ognianova said.

CPJ research shows that Azerbaijani authorities have a history of planting drugs to silence critical journalists. In June 2006, Baku police arrested Sakit Zakhidov, a prominent reporter, poet, and satirist with the pro-opposition newspaper Azadlyg, on heroin charges. Zakhidov denied the charge and said a police officer placed the drug in his pocket during a staged arrest. Though Zakhidov told authorities he recognized the police officer who planted the drug on him and could identify him, the police officer was never investigated. Three days prior to Zakhidov's arrest, Executive Secretary Ali Akhmedov of the ruling Yeni Azerbaijan party had publicly urged authorities to silence Zakhidov.

The new charge against Fatullayev is the latest instance of the government's years-long persecution of the editor. His two newspapers, the Russian-language weekly Realny Azerbaijan and the Azeri-language daily Gündalik Azarbaycan, both of which reported critically about the government, are now closed.

Source:

Committee to Protect Journalists
330 7th Ave., 11th Floor
New York, NY 10001
USA
info (@) cpj.org
Phone: +1 212 465 1004
Fax: +1 212 465 9568
 

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From other IFEX members

New charge against imprisoned editor Eynulla Fatullayev (WiPC)

More on this case

Journalist Eynulla Fatullayev granted amnesty in honour of 28 May holiday 27 May 2011 Joint appeal to UNESCO director-general over Fatullayev case 4 May 2011 Government claims to have complied with ECHR judgment on Fatullayev case 4 May 2011 "Fifty Fatullayevs" outside London Embassy demand release of jailed Azerbaijani journalist 19 April 2011 Family of imprisoned journalist receives threatening phone call 13 April 2011 CPJ concerned about Fatullayev's safety, calls for his release 23 March 2011 Council of Europe Committee of Ministers must demand journalist's release, says International Partnership Group for Azerbaijan 2 March 2011 Fatullayev fears for his safety in prison 11 February 2011 Baku Appeals Court denies Fatullayev's appeal, defies ECHR ruling 3 February 2011 Supreme Court rejects imprisoned editor's appeal 3 January 2011 Council of Europe Committee calls on government to release Eynulla Fatullayev 8 December 2010 Fatullayev's fate lies with the Council of Europe Committee of Ministers, says ARTICLE 19 6 December 2010 Editor Eynulla Fatullayev remains jailed despite ECHR call for his release 12 November 2010 In latest humiliation, newspaper editor appears in court inside cage 8 November 2010 Send a letter in support of jailed editor 29 October 2010 Joint letter calls for newspaper editor's release 28 October 2010 ECHR upholds decision on release of Eynulla Fatullayev 21 October 2010 Authorities say imprisoned journalist will not be freed regardless of appeal outcome 22 July 2010 Imprisoned editor sentenced to an additional two and a half years in prison 7 July 2010 IRFS appeals to president as imprisoned editor starts hunger strike 7 June 2010 Comply with European Court decision on case of imprisoned journalist, ARTICLE 19, International PEN urge 19 May 2010 Authorities urged to comply with ECHR order and release editor Eynulla Fatullayev 23 April 2010 European Court of Human Rights orders journalist's release 23 April 2010 Eynulla Fatullayev's appeal rejected 18 March 2010 Eynulla Fatullayev and family threatened 18 March 2010 Imprisoned editor concerned over possible threat to his life 3 March 2010 Editor's detention prolonged by two more months 1 March 2010 CPJ delegation calls for Eynulla Fatullayev's release 22 January 2010 Authorities trump up new charge against award-winning editor Eynulla Fatullayev 31 December 2009 Detained journalist harassed in prison 27 October 2008 Supreme Court upholds editor's conviction 4 June 2008 Imprisoned editor starts hunger strike to protest jailing of journalists 26 March 2008 Appeals court upholds conviction of critical editor 17 January 2008 Outspoken editor Eynulla Fatullayev sentenced to eight and a half years in prison 30 October 2007 Supreme Court upholds editor's prison sentence 27 August 2007 New terrorism charge brought against opposition editor already serving 30-month sentence for defamation 6 July 2007 Imprisoned editor Eynulla Fatullayev receives death threats, inhumane treatment; his conviction confirmed 8 June 2007 Fifteen journalists seek political asylum in protest against closure of newspapers 29 May 2007 Imprisoned editor Eynulla Fatullayev charged with terrorism; his home searched, his newspaper's computers, documents confiscated 24 May 2007 Imprisoned editor target of death threat; two newspapers evicted amid media harassment campaign 22 May 2007 Editor of critical newspaper brutally beaten after protesting conviction of colleague 24 April 2007 Embattled editor jailed for libel and insult over article he denies writing 23 April 2007

Azerbaijan

Newspapers fined for "damaging honour" of businessman 24 January 2012 Youth activist's appeal rejected 29 December 2011 Jabbar Savalanli released under pardon decree 29 December 2011 Journalists assaulted while covering president's birthday celebration 29 December 2011 Editor of "Yeni Musavat" receives death threats for republishing article 22 December 2011 See all alerts: Azerbaijan


 
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