7 July 2010

Alert

Imprisoned editor sentenced to an additional two and a half years in prison


Incident details

Imprisonment, Sentencing

Eynulla Fatullayev, Editor
(IRFS/IFEX) - On 6 July 2010, Judge Ismayil Khalilov, presiding over the Garadag District Court, announced the verdict in a criminal case against Eynulla Fatullayev, founder and editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaijan" newspapers. The journalist was found guilty 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 the necessary limit for personal consumption) and was sentenced to two years and six months in prison.

The Institute for Reporters' Freedom and Safety (IRFS) condemns the verdict, which it deems politically motivated and dictated by the Azerbaijani government.

On 29 December 2009, 0.223 grams of heroin was allegedly found on Fatullayev in Prison #12. A criminal case was opened against the journalist in the Garadag District Investigative Department under article 234.1 of the Criminal Code. After the investigation was completed, the case was brought before the Garadag District Court.

Fatullayev and his lawyer believe that the incident was a set-up providing the government with a reason to not comply with the decision of the European Court of Human Rights (ECHR) regarding the journalist.

On 22 April 2010, the ECHR issued a decision on other charges pending against Fatullayev, stating that the journalist should be released immediately and the Azerbaijani government should pay 27,822 EUR to Fatullayev in compensation. The Azerbaijani government stated that it did not agree with the decision and filed an appeal at the Grand Chamber of the ECHR.

IRFS also believes that the drug charges brought against Fatullayev was a fabrication and declares once again that this criminal case is without merit. IRFS came to the conclusion that the convictions against the journalist were all trumped-up charges after the organisation monitored the court hearings on this case. The contradictory witness accounts given by the plaintiff's witnesses, the failure of the court to prove the charges against Fatullayev and the unlawful actions that occurred during the proceedings confirm that the criminal case was contrived.

IRFS believes that this action against Fatullayev was also related to his journalism and his investigation into the murder of "Monitor Journal" editor-in-chief Elmar Huseynov.

Fatullayev has stated that the results of his investigation showed that high-ranking officials were involved in Huseynov's murder. Fatullayev said in the court that several days prior to the narcotics charges he saw employees of the Ministry of National Security in the prison. He claimed that this case was also a set-up that included personnel from special services.

IRFS calls on the Azerbaijani government to annul the verdict issued on trumped-up charges against Fatullayev, who is recognised as a prisoner of conscience by both local and international organisations. IRFS further urges the Azerbaijani government to comply with the decision of the ECHR and immediately release Fatullayev.


BACKGROUND:

Fatullayev was arrested in the court hall on 20 April 2007 following a decision by the Yasamal District Court based on a lawsuit by Tatyana Chaladze, Refugee/IDP Rights Defense Committee chairperson. After his arrest, a criminal case was opened against Fatullayev in the National Security Ministry Chief Investigative Office regarding an article published in "Realniy Azerbaijan" newspaper, which according to the Ministry of Foreign Affairs caused safety concerns for foreign citizens and representatives of international organizations. Fatullayev was convicted under articles 214.1 (threatening terror) and 283.2.2 (incitement of ethnic/national, social or religious hatred abusing authority) of the Criminal Code and was sentenced to pre-trial detention. The editor was then convicted under article 213.2.2 (tax evasion).

Fatullayev was sentenced to 8.5 years in prison on 30 October 2007 under the decision of the Grave Crimes Court and was fined 242,522 AZN (approx. 240,000 EUR).

Fatullayev established the weekly "Realniy Azerbaijan" and the daily "Gundelik Azerbaijan" in 2005. He served as editor-in-chief of both publications. The papers ceased their activities 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

Journalist’s additional 30-month jail sentence is unfair and politically-motivated (RSF)
Court slams Fatullayev with another prison sentence (CPJ)
Eynulla Fatullayev sentenced to 2.5 years' imprisonment on new political charge (ARTICLE 19)
Azerbaijan court sentences journalist to a further 30 months in prison (IPI)
Supreme court judge says that there was a procedure violation in the new sentence issued against Eynulla Fatullayev (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 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 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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