21 October 2010

Alert

ECHR upholds decision on release of Eynulla Fatullayev


(IRFS/IFEX) - A European Court of Human Rights decision calling for the immediate release of Eynulla Fatullayev, editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaidjan" newspapers, has been upheld, said the journalist's lawyer Elchin Sadigov. Sadigov reported that the rejection of the government's appeal to the Grand Chamber was issued on October 4th, and that this final judgment has been heard in court.

The court website calls the decision a Final Judgment, issued under Article 44.2 of the European Convention of Human Rights. Paragraph C of this Article says that, "The judgment of a Chamber shall become final when the panel of the Grand Chamber rejects the request."


BACKGROUND:

On the 20th of April, 2007, Fatullayev was arrested in the court hall after a ruling 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 by the National Security Ministry Chief Investigative Office over an article he published in "Realniy Azerbaijan" newspaper. According to the Ministry of Foreign Affairs, the article caused foreign citizens and representatives of international organizations to be concerned for their safety. He was convicted under articles 214.1 (threatening terror) and 283.2.2 (incitement of ethnic/national, social or religious hatred and abusing authority) of the Criminal Code and was sentenced to pre-trial detention. Fatullayev was then convicted under 213.2.2 (tax evasion). He was sentenced to 8.5 years in prison on the 30th of October, 2007 and was fined 242,522 AZN (approx. 216,000 EUR) under the decision of the Grave Crimes Court.

On the 29th of December, 2009, 0.223 grams of heroin was found in Fatullayev's prison cell. A criminal case was opened against him in the Garadag District Investigative Department. On the 6th of July, 2010, Fatullayev was found guilty under article 234.1 (Illegal possession of narcotics in an amount exceeding the limit for personal consumption) of the Criminal Code. His sentence of two years and six months in prison began on the same date. Fatullayev and his lawyer believe that this incident was a set-up, organized so that the court could avoid complying with the decision of the European Court of Human Rights (ECHR) regarding the journalist's release.

On the 22nd of April, 2010, the ECHR ruled that Fatullayev should be released immediately, and that the Azerbaijani government should pay 27,822 EUR to Fatullayev in compensation. The government filed an appeal with the Grand Chamber of the ECHR in response to the ruling.

Fatullayev is recognized as a prisoner of conscience by local and international organizations.

Fatullayev is the founder and former editor-in-chief of both "Realniy Azerbaijan" and "Gundelik Azerbaijan" newspapers. First published in 2005, "Realniy Azerbaijan" ran as a weekly newspaper, while "Gundelik Azerbaijan" was published daily. Both newspapers stopped running after Fatullayev's 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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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 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 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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