23 April 2010

Alert

Authorities urged to comply with ECHR order and release editor Eynulla Fatullayev


(CPJ/IFEX) - New York, April 23, 2010 - Azerbaijani authorities must comply with the European Court of Human Right's decision ordering the immediate release of imprisoned editor Eynulla Fatullayev, the Committee to Protect Journalists said today. Fatullayev, a 2009 recipient of CPJ's International Press Freedom Award, has been jailed for three years on fabricated charges.

The Strasbourg-based European Court ruled that Azerbaijan had violated Fatullayev's rights to freedom of expression and fair trial, declared his imprisonment illegal, and ordered that he be freed and paid 25,000 euros (US$33,400) in compensation. The decision, dated March 25, was made public by the court on Thursday. Isakhan Ashurov, a lawyer for Fatullayev, told CPJ that the payment of the compensation may take up to six months, but Fatullayev's release must be immediate. Ashurov said he is preparing to apply to Azerbaijan's Supreme Court to implement the European Court's decision.

"This is an important first step toward justice for Eynulla Fatullayev," CPJ Europe and Central Asia Program Coordinator Nina Ognianova said. "As a party to the European Convention on Human Rights, Azerbaijan must now release Fatullayev immediately."

The European Court decision said Azerbaijan had violated three articles of the European Convention on Human Rights: Article 6.1 concerning right to a fair trial, Article 6.2 regarding presumption of innocence, and Article 10 concerning right to freedom of expression. Azerbaijan signed the European Convention on Human Rights in January 2001 and ratified it in April 2002. As a signatory, Azerbaijan is bound to comply with the rulings of the European Court.

Even as the decision was being publicized, however, Azerbaijan's representative to the European Court signaled that Baku might defy the court's decision. "The European Court cannot take upon itself the roles of judicial, administrative, and other organs of the state-respondent," Chingiz Askerov told the Azerbaijani news agency Trend.

If Azerbaijan fails to comply with the ruling, the Committee of Ministers of the Council of Europe can impose penalties ranging from fines to expulsion from the council.

The Azerbaijani government's persecution of Fatullayev began shortly after he published an in-depth examination of the unsolved 2005 killing of his colleague Elmar Huseynov. Fatullayev's piece alleged that the murder was ordered by high-ranking officials in Baku and carried out by a criminal group.

In April 2007, a month after the piece ran, a Baku district court convicted Fatullayev of defaming the entire Azerbaijani population in an Internet posting that was falsely attributed to him. The court sentenced him to a 30-month term. With Fatullayev jailed, authorities evicted his two independent newspapers - the Russian-language weekly Realny Azerbaijan and the Azeri-language daily Gündalik Azarbaycan -from their Baku offices, citing purported fire safety and building code violations. Both papers soon stopped publishing.

More trumped-up charges followed. In October 2007, a judge in the Azerbaijani Court of Serious Crimes found Fatullayev guilty of terrorism, incitement to ethnic hatred, and tax evasion. Fatullayev's sentences were consolidated, and he was ordered to serve eight years and six months in prison in all. The terrorism and incitement charges stemmed from a Realny Azerbaijan commentary, which criticized President Ilham Aliyev's foreign policy regarding Iran. The tax evasion charge alleged that Fatullayev had concealed income from his two publications, a charge nearly impossible for the jailed Fatullayev to dispute with his newspapers by then shuttered.

The Supreme Court denied Fatullayev's appeal in June 2008, ending domestic legal avenues. Fatullayev then appealed to the European Court, which began reviewing his case in September 2008.

The European Court deliberations on Fatullayev's case - which included the defamation, terrorism, incitement, and tax evasion charges - were nearing an end when authorities filed a new indictment against the embattled editor. On December 30, 2009, he 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. Fatullayev denied the charge, saying prison guards planted the drugs in his clothes while he was taking a shower.

Based on Fatullayev's account and authorities' longstanding persecution of the editor, CPJ has concluded that the drug charge was fabricated. Fatullayev is being held without access to his family or other visitors, Ashurov told CPJ. The journalist is scheduled to be interrogated again on April 26, the lawyer said.

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

European Court of Human Rights orders release of imprisoned Azeri journalist (IPI)
WPFC letter to Azerbaijan's president on European court ruling (WPFC)

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 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 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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