23 April 2010

Alert

European Court of Human Rights orders journalist's release


Eynulla Fatullayev
Eynulla Fatullayev
IRFS
(IRFS/IFEX) - 22 April 2010 - The Institute for Reporters' Freedom and Safety (IRFS) applauds the decision of the European Court of Human Rights (ECHR) regarding the case of Eynulla Fatullayev, editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaijan" newspapers.

The ECHR ruled that article 10 (freedom of expression) and 6 (right to a fair trial) of the European Convention on Human Rights were breached. The ECHR considered it unacceptable that the applicant remain imprisoned and ordered the Azerbaijani government to release him immediately. The Court further ordered the government to pay Fatullayev 27,822 euros in compensation.

Trend News Agency reports that Azerbaijan's representative at the hearing, Chingiz Esgerov, said that the Azerbaijani government intended to appeal the decision to the ECHR's Grand Chamber.

IRFS believes that the decision of the European Court of Human Rights is fair and proves that the decisions of Azerbaijani courts against Fatullayev were politically motivated.

IRFS recalls that Fatullayev, who has been recognized as a prisoner of conscience by both local and international communities, has been imprisoned for more than three years now. Another case which illustrates the Azerbaijani government's intolerance is the imprisonment of bloggers Emin Abdullayev (Milli) and Adnan Hajizade, who are also prisoners of conscience being held on politically motivated charges.

IRFS calls on the Azerbaijani government to comply with the ECHR's order and immediately free Fatullayev. IRFS also calls for the immediate release of Abdullayev and Hajizade.


BACKGROUND:

Fatullayev was arrested on 20 April 2007 over an article published in "Realniy Azerbaijan" newspaper, which according to the Ministry of Foreign Affairs, "raised safety concerns for foreign citizens and representatives of international organizations."

He was convicted under articles 214.1 (threatening terror) and 283.2.2 (incitement of ethnic, national, social or religious hatred and abuse of authority) of the Criminal Code and sentenced to pre-trial detention. Fatullayev was convicted on 30 October 2007 under 213.2.2 (tax evasion); he was sentenced to 8.5 years imprisonment by the Grave Crimes Court.

On 29 December 2009, 0.223 grams heroin were found on Fatullayev. A criminal case was opened against the journalist by the Garadag District Investigative Department and he was transferred to Baku Investigative Prison #2 on 2 January 2010.

Fatullayev and his lawyer denounced the incident as a set-up to prevent the ECHR from hearing his case.

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

European Court orders release of journalist (Human Rights Watch)
European Court of Human Rights tells Azerbaijan to free imprisoned newspaper editor (RSF)
European court orders release of wrongly imprisoned journalist Eynulla Fatullayev (ARTICLE 19)
Eynulla Fatullayev has been unfairly tried (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 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

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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