6 December 2010

Campaigns and Advocacy

Fatullayev's fate lies with the Council of Europe Committee of Ministers, says ARTICLE 19


(ARTICLE 19/IFEX) - 30 November 2010 - The Committee of Ministers' Deputies is set to discuss the case of imprisoned Azerbaijani journalist Eynulla Fatullayev, who remains in jail despite a European Court of Human Rights judgment on 22 April ordering the Azerbaijani government to release him immediately.

"The ongoing imprisonment of investigative journalist Eynulla Fatullayev is totemic of the Azerbaijani government's disregard for its obligations under the European Convention on Human Rights. Council of Europe Member States cannot continue to turn a blind eye to Azerbaijan's alarming freedom of expression record," said Rebecca Vincent, Europe Programme Manager, ARTICLE 19.

"Given the clear court order to release journalist Fatullayev, the Committee of Ministers needs to recall the State's obligation to abide by the judgments of the European Court and that such is unconditional and is a requirement for the membership of the Council of Europe," said Florian Irminger, Head of the Geneva office of the Human Rights House Foundation (HRHF).

Representatives from four international non-governmental organisations will undertake a joint advocacy mission to the Council of Europe during the Ministers' Deputies meeting to raise their serious concerns regarding freedom of expression in Azerbaijan, particularly the Azerbaijani government's non-compliance with the European Court's ruling in Fatullayev's case. The participating organisations, which are members of the International Partnership Group for Azerbaijan, include ARTICLE 19, the Human Rights House Foundation, Reporters Without Borders, and the World Association of Newspapers and News Publishers.

"The organisations call upon the Committee of Ministers to carefully consider Eynulla Fatullayev's case during the upcoming meeting and to adopt strong interim measures taking note that no measures have been taken to comply with the Fatullayev case judgment," said Lucie Morillon, Reporters Without Borders.

In addition to the deteriorating freedom of expression situation in the country marked by the criminalisation of defamation, systematic acts of violence against journalists critical of the government and a pervasive climate of impunity, Azerbaijan has a poor record of implementing European Court rulings. In this particular case, the European Court ordered the immediate release of Fatullayev, which is exceptional as the Court does not usually order the release of individuals. Adherence to European Court decisions is a requirement for Council of Europe Member States, including Azerbaijan.

The European Court of Human Rights is the ultimate arbiter of compliance with the European Convention on Human Rights. On 22 April, the European Court ruled that Azerbaijan had violated Fatullayev's rights to freedom of expression and to a fair trial by imprisoning him, and called for his immediate release. However, rather than releasing him, authorities proceeded with a new charge against Fatullayev of possessing illegal drugs, for which he was convicted on 6 July. The charge was widely believed to have been fabricated in order to keep him in prison despite the European Court's judgment in his case. On 4 October, the decision became final and legally binding on Azerbaijan, after the European Court's Grand Chamber rejected the Azerbaijani government's request for the review of the decision.

The deteriorating freedom of expression situation in the country was magnified during the period surrounding Azerbaijan's 7 November parliamentary elections. The lack of political pluralism in the broadcast media in the pre-elections period, the continued imprisonment of journalists and bloggers critical of the government during the elections, and authorities' interference with journalists' coverage of election day proceedings were heavily condemned by a group of nine international non-governmental organisations, including those undertaking the mission to Strasbourg. Three of the organisations participated in an international freedom of expression mission to Azerbaijan in September, which released a report titled Free Expression under Attack: Azerbaijan's Deteriorating Media Environment.

Click here to read Free Expression under Attack: Azerbaijan's Deteriorating Media Environment


For more information about the Azerbaijani government's non-compliance with the European Court's judgment, click here


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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 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 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

RUSSIA: Putin's new mandate starts inauspiciously for media 11 May 2012 MOLDOVA: Reporter injured in vicious attack 9 May 2012


 
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