3 March 2010

Alert

Imprisoned editor concerned over possible threat to his life


(IRFS/IFEX) - Eynulla Fatullayev, the imprisoned editor-in-chief of the "Gundelik Azerbaijan" and "Realniy Azerbaijan" newspapers, has addressed an appeal to the Internal Affairs Ministry, the Penitentiary Services' leadership, Amnesty International, Reporters Without Borders and the Committee to Protect Journalists expressing concern over a threat to his life, according to the Turan Information Agency.

Fatullayev said that the heroin possession charges that have been brought against him constitute the first stage in an assassination plan by an organised group within the administration. He pointed out that there is a plan to use methods similar to those used to murder Rena Nasibova. Nasibova, who investigated the crimes committed by Haji Mammadov's criminal group, was asphyxiated. However, it was alleged that she died as the result of a drug overdose. Fatullayev emphasised that the allegation that he uses more dangerous drugs has paved the way for the next step and noted that the fact that a high level of security is being provided for him but not for other prisoners in the Baku Investigative Prison is a sign pointing to real danger.

The editor-in-chief said that only one guard is allowed to come close to his surveillance camera and stressed that actions against him are expected following the narcotics charges.

On 29 December 2009, 0.223 grams of heroin were allegedly found on Fatullayev. The editor and his lawyer say the drugs were planted as part of a set-up to counteract an upcoming decision by the European Court of Human Rights (ECHR) regarding Fatullayev's case. A criminal case was opened against Fatullayev in the Garadag District Investigative Department under article 234.1 of the Criminal Code (Illegal purchase or storage without a purpose of selling of narcotics or psychotropic substances in an amount exceeding that necessary for personal consumption) and he was transferred to the Baku Investigative Prison #2 on 2 January 2010. Fatullayev has said that the drug charges against him are spurious and politically motivated.

Fatullayev was sentenced to two and a half years in prison on 21 April 2007 on a charge of "insulting honour and dignity." He was later convicted under articles 214.1 (threatening terror), 283.2.2 (incitement of ethnic/national, social or religious hatred, abusing authority), and 213.2.2 (tax evasion) of the Criminal Code and was sentenced to eight and a half years in prison on 30 October 2007. Prior to the new charge against him, Fatullayev was serving his sentence in prison #12.

In a separate aspect of Fatulleyev's case, an appeal has been filed against the 25 February 2010 decision by the Garadag District Court to prolong the editor's detention in the Baku Investigative Prison for an additional two months. In the appeal, Fatullayev is seeking the annulment of the decision.

The editor's lawyer, Elchin Sadigov, told Radio Liberty that the appeal was submitted to the Garadag District Court on 1 March. In accordance with legislation, the Garadag District Court has to send it to the Baku Appellate Court.

Fatullayev noted in his appeal that the Penitentiary Services' leadership offered him the possibility of addressing a request for a pardon to the president via his relatives. "According to their terms, I was supposed to admit to my faults and guarantee that I will not criticise Ilham Aliyev and Mehriban Aliyeva, or that I will leave the country," the editor said, adding that he refused the offer. Fatullayev also noted that the manuscripts of a book he was writing about events in the country in recent years were taken from him by the Penitentiary Services' leadership.

Fatullayev says that he was imprisoned for his investigation into the murder of Elmar Huseynov. As a result of the investigation, he said he was able to trace who was behind the murder and had concluded that "all suspicions hovered around" National Security Ministry officer Akif Chovdarov.

"Realniy Azerbaijan" was a weekly newspaper, while "Gundelik Azerbaijan" was published as a daily from 2005 to 2007. Fatullayev established the newspapers and was the editor-in-chief of both publications. The newspapers ceased their activity after his arrest in 2007.

Source:

Institute for Reporters' Freedom and Safety
8 R. Behbudov St., Apt. 85/86
Baku
Azerbaijan
irfs.az (@) gmail.com
Phone: +99 412 418 0334/+99 450 398 4838
 

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From other IFEX members

Eynulla Fatullayev to be held in isolation for two more months (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 Editor's detention prolonged by two more months 1 March 2010 CPJ delegation calls for Eynulla Fatullayev's release 22 January 2010 Editor to be tried on new charge, sentenced to two months' detention in isolation unit 6 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

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