7 June 2010

Alert

IRFS appeals to president as imprisoned editor starts hunger strike


Incident details

Hunger strike

Eynulla Fatullayev, Editor
(IRFS/IFEX) - 3 June 2010 - The Institute for Reporters' Freedom and Safety (IRFS) has appealed to the Azerbaijani Republic's President, Ilham Aliyev, regarding Eynulla Fatullayev, the imprisoned editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaijan" newspapers.

The appeal below was signed by IRFS Chairman Emin Huseynov:

Mr. President,

On 2 June, during a hearing held in the Garadag District Court, under the chairmanship of Judge Ismayil Khalilov, regarding the criminal case opened against the editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaijan" newspapers Eynulla Fatullayev, the journalist declared that he began a hunger strike. Fatullayev emphasized that he began the hunger strike to determine whether the president is aware of the decision of the European Court of Human Rights regarding him, or not.

He noted in his speech that the Constitutional Court Chairman, Farhad Abdullayev, and the head of Azerbaijani Delegation at PACE, Samad Seyidov, gave false information to the public that an appeal was sent to the Grand Chamber of the European Court of Human Rights. Fatullayev appealed to his journalist colleagues to meet with President Ilham Aliyev and Presidential Administration Head Ramiz Mehdiyev.

Fatullayev requested that the journalists determine during their meeting whether the president is aware of the decision of the ECHR and added that he will continue his hunger strike until he receives information about the president's familiarity with the decision.

"The president refers to international law regarding all issues. Especially, he reproaches Armenia's failure to fulfill the decisions put forth by international conventions regarding the Garabag issue. If he is aware of the decision adopted by the European Court of Human Rights regarding my case, the execution of this decision will have to be taken seriously," said Fatullayev.

Fatullayev was recognized as a prisoner of conscience by local and international communities. The European Court of Human Rights issued a decision regarding the case; the decision states that the journalist should be released immediately and the Azerbaijani government should pay 27,822 EUR to Fatullayev in compensation.

Mr. President, we ask you to give us information as to whether or not you are aware of the ECHR decision regarding Eynulla Fatullayev, and we ask you to conduct a meeting with the heads of media organizations and carry out discussions regarding this decision.


BACKGROUND:

Eynulla Fatullayev was arrested in the court hall on 20 April 2007 under the decision adopted by the Yasamal District Court on the lawsuit of Refugee/IDP Rights Defense Committee Chairperson Tatyana Chaladze.

After his arrest, a criminal case was opened against him in the National Security Ministry Chief Investigative Office regarding an article published in "Realniy Azerbaijan", which, according to the Ministry of Foreign Affairs, caused safety concerns for foreign citizens and representatives of international organs. He was convicted under articles 214.1 (threatening terror), 283.2.2 (incitement of ethnic/national, social or religious hatred abusing authority) of the Criminal Code and was sentenced to pre-trial detention. Fatullayev was then convicted under 213.2.2 (tax evasion).

Fatullayev was sentenced to 8.5 years of imprisonment on 30 October 2007 under the decision adopted by the Grave Crimes Court and was fined in the amount of 242,522 AZN (approx. 252,000 EUR)

On 29 December 2009, 0.223 grams heroin was found on Fatullayev. He and his lawyer assess this incident as an operation set up to prevent the decision of the ECHR regarding the journalist that was to take place in the near future. 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 necessary limit for personal consumption) and he was transferred to the Baku Investigative Prison #2 on 2 January 2010. The investigation into the case was concluded and it is being considered in the Garadag District Court.

"Realniy Azerbaijan" has been published as weekly newspaper, and "Gundelik Azerbaijan" was published as a daily newspaper starting in 2005. 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

Decision adopted to monitor prison #12 regarding Eynulla Fatullayev's case (IRFS)

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 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 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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