Azerbaijan: Journalist Eynulla Fatullayev sentenced to 2 ½ years in prison
Published: May 30, 2007
***UPDATE: English PEN was pleased to learn that imprisoned Azerbaijani editor Eynulla Fatullayev, has been awarded Human Rights Watch's Hellman/Hammett Grant for persevering with his work despite being subject to political persecution. This year, there are 34 award recipients from 19 countries, including fellow Azerbaijani editor Genimet Zakhidov and his brother, journalist Sakit Zakhidov. According to Human Rights Watch, recognition of the Azerbaijani journalists comes amid the deteriorating media situation in the country. For the past 18 months, the government has cracked down on independent and opposition media using serious criminal indictments, and moving away from more traditional defamation charges. Critics are worried that the restrictions on the media will make a free and fair vote in the presidential elections this autumn impossible.***
English PEN is alarmed by the rising number of Azeri journalists sentenced to lengthy prison terms in recent weeks on charges related to their writings. Five journalists are now serving prison terms on charges of defamation, terrorism and 'inciting religious enmity'. Although there have been frequent reports of attacks and imprisonments of journalists in Azerbaijan throughout recent years, there has been a dramatic upsurge in recent weeks.
Eynulla Fatullayev, editor-in-chief of the newspapers Realni Azerbaijan and Gundelik Azerbaijan, widely known for his criticism of the Government, was sentenced in April 2007 to two and a half years in prison on charges of 'criminal libel' and 'insult' under Article 147.2 of the Criminal Code and was immediately imprisoned. He was convicted for an article posted on the internet accusing the Azeri army of culpability in the deaths of Azeri citizens during an Armenian army siege of a city in Nagorno Karabakh in 1992. This article was attributed to him, but Fatullayev denied posting it. The same day as Fatullayev's conviction, his Realni Azerbaijan colleague Uzeyir Jafarov was attacked by unknown assailants, sustaining serious injuries.
According to Human Rights Watch, Fatullayev was fined 10,000 Azeri mantas (about US$12,000) for the same offense two weeks prior to his conviction. Tatiana Chaladze, the head of the Azeri Center for Protection of Refugees and Displaced Persons brought a civil claim against him as well as instigated the more recent criminal libel and insult charges. Fatullayev had previously been handed down a two-year suspended sentence in a September 2006 libel case.
On 22 May 2007, further charges of 'terrorism' were levied against him under Article 214 of the Criminal Code, for which he faces a further 12 years in prison. The Ministry for National Security has accused him of aiding the Armenian Special Forces, although no specific details are given. On 20 May, his newspaper's offices were searched by National Security agents and subsequently sealed. Its computers were seized, as were notebooks and other documents.
English PEN protests the sentence handed to Eynulla Fatullayev, as violating international standards guaranteeing the right to freedom of expression. It is alarmed by the additional charges levied against him that could lead to another sentence of up to 12 years. PEN is calling for his immediate release and for the second charges to be dropped. PEN is furthermore gravely concerned by the threats made against Fatullayev and his family, urging that these acts be condemned by the authorities and that measures be taken to safeguard them against attack.
On 27 April 2007, Human Rights Watch issued a statement on the first conviction, which can be found here.
Please send appeals:
• Calling for the release of Eynullah Fatullayev and protesting the additional charges levied against him;
• Referring to the fact that the conviction and charges are in clear breach of Article 19 of the Universal Declaration on Human Rights;
• Calling for the provision of protection to Fatullayev and his family against attack;
• Expressing concern about the growing repression of the Azeri media in recent months.
Addresses:
President Ilham Aliyev
Office of the President of the Azerbaijan Republic
19 Istiqlaliyyat Street
Baku AZ1066
Azerbaijan
Fax: 994 12 492 0625
Minister of Internal Affairs
Lt.-Gen. Ramil Usubov
Ministry of Internal Affairs
Husu Hajiyev Street 7, 370005 Baku, Azerbaijan
Fax: 994 12 492 45 90
It may be more effective to send the above appeals via the Azeri representative in London:
HE Mr Rafael Ibrahimov
Embassy of the Republic of Azerbaijan
4 Kensington Court
London W8 5DL
Fax: (020) 7937 1783