29 October 2010

Take action!

Send a letter in support of jailed editor


via IRFS
(IRFS/IFEX) - 29 October 2010 - Please send a letter in support of former editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaidjan" newspapers Eynulla Fatullayev, who just ended a 10-day hunger strike in protest of his continued detention.

Fatullayev has been in prison since 2007 and is recognised as a prisoner of conscience by local and international organisations.

On 22 April, the European Court of Human Rights (ECHR) issued a ruling calling for Fatullayev's immediate release. The Azerbaijani government filed an appeal with the Grand Chamber of the ECHR, which was subsequently dismissed. A final ECHR ruling once again reiterated the call for the editor's immediate release. Despite the ECHR ruling, the Azerbaijani government has refused to release him.

Along with other international free expression organisations, IRFS is actively campaigning for the editor's release and is calling on all members of the concerned public to send a letter to the President of Azerbaijan, copying the Chair of Parliament and the Chairman of the Supreme Court in protest of Fatullayev's continued detention and defiance of the ECHR ruling.

According to Fatullayev's father Emin Fatullayev, the Supreme Court of Azerbaijan will formally consider the 22 April ECHR decision on 11 November.

Please send your letter of support before 11 November by email and copy irfs.az (@) gmail.com and campaigns (@) ifex.org .


SAMPLE LETTER:

Dear Mr President,

The editor-in-chief of "Gundelik Azerbaijan" and "Realniy Azerbaidjan" newspapers Eynulla Fatullayev is still being held in prison, despite the fact that European Court of Human Rights (ECHR) has issued a ruling for his immediate release. In protest against his treatment by the judicial system, in particular the government's refusal to acknowledge the ECHR decision, Fatullayev carried out a 10-day hunger strike.

In addition to Fatullayev, there are two youth bloggers in prison: Emin Abdullayev (Milli) and Adnan Hajizadeh.

We call on you Mr. President, the guarantor of the Azerbaijani Constitution and protector of the security of Azerbaijani citizens, to ensure the implementation of ECHR decision, and to immediately release Abdullayev and Hajizadeh.

As you know, the ECHR decreed on 22 April 2010 stated that Fatullayev be released immediately, and that the Azerbaijani government pay him 27,822 EUR in compensation. The Azerbaijani government did not endorse the decision and filed an appeal with the Grand Chamber of the ECHR on 16 July 2010. However, the Grand Chamber dismissed the government's appeal, and gave a final ruling on the case. Fatullayev must be released and given financial compensation. This judgment is final and absolute, but Fatullayev remains behind bars.

We believe that Eynulla Fatullayev, charged with threatening terror, incitement of ethnic, national, social or religious hatred and sentenced to 8.5 years in jail in 2007, was in reality imprisoned for his editorial articles criticizing the Azerbaijani authorities. The EHCR judgment provides a solid endorsement for the journalist's innocence.

Anticipating the European Court's decision, the Azerbaijani government engineered a criminal set-up. In December 2009, just before the European Court announced its decision, narcotics were planted on Fatullayev's person. Following this action, Fatullayev faced a second criminal charge for possession of narcotics. The Garadag District Court sentenced him to 2.5 years imprisonment. We consider this an unfair ruling. By giving the journalist an additional sentence, the judge implemented a political directive, designed to prolong Fatullayev's prison time.

Regardless of the outcome of the narcotics case, Fatullayev's continued imprisonment is illegal. Firstly, during the course of the narcotics case, the Court did not sentence Fatullayev to pre-trial detention. Secondly, the Garadag District Court decision can only be implemented after Fatullayev's appeal is investigated and the decision is upheld. Currently, the case is pending in the Baku Appeals Court, and a decision will not be reached for several weeks. In light of these various considerations, it is clear that Fatullayev's pre-trial detention is illegal.

We believe that freedom of expression in Azerbaijan is being threatened to the point of extinction. There are no independent television channels or radio stations. Journalists are regularly charged with defamation and other crimes, forcing them to resort to self-censorship to avoid persecution. There is no market for media advertising making it impossible for the mass media to achieve financial independence.

We believe that the imprisonment of journalists during the immediate run-up to these crucial parliamentary elections is highly damaging to the reputation of the Azerbaijani government, not only within the country, but internationally.

Again, we call on you Mr. President to take responsibility for the execution of the ECHR decision, to stop the investigations of false narcotics charges, and to release Adnan Hajizadeh and Emin Milli.

Sincerely,

[Your name and affiliation]


SEND TO:

President Ilham Aliyev
19 Istiqlaliyyat Street
Baku, 370066
Azerbaijan
Fax: +994 12 492 3543 and +994 12 492 0625
E-mail: office@pa.gov.az

Copy:

Mr. Ramiz Rzayev
Supreme Court Chairman
Yusif Safarov 14
Baku, Azerbaijan
Fax: +994 12 510 5559
E-mail: contact@supremecourt.gov.az

Mr. Oqtay Asadov
Chairman of Parliament
Milli Mejlis
Parliament prospekti,
Baku, AZ1152
Azerbaijan
Fax: +994 12 498 9722
E-mail: azmm@meclis.gov.az

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From other IFEX members

Journalists stop hunger strike (IRFS)
Eynulla Fatullayev’s "1 AZN" lawsuit rejected (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 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 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

Authorities violently disperse peaceful rallies 22 May 2012 Opposition activist released from prison 17 May 2012 Journalist says he was tortured in prison 25 April 2012 International NGOs call on president to investigate brutal attack on prominent journalist 19 April 2012 Three journalists detained for 12 hours 28 March 2012 See all alerts: Azerbaijan


Eastern Europe, Caucasus, Central Asia

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