Eynulla Fatullayev
*** UPDATE (22 April 2010): English PEN were delighted to learn that the European Court of Human Rights has today ordered Fatullayev's immediate release. For more information, please click here.
*** UPDATE: English PEN is deeply concerned by news that on 30 December 2009 imprisoned Honorary Member Eynulla Fatullayev was charged with narcotics possession. The charges, widely believed to be fabricated, mean that he could face up to a further three further years in jail if found guilty. For more information, please click here. ***
Eynulla Fatullayev, editor of Gundelike Azerbaijan and the Russian language Realny Azerbaijan, widely known for his criticism of the Government, was sentenced in April 2007 to thirty months in prison on charges of 'criminal libel' and 'insult' under Article 147.2 of the Criminal Code and was immediately imprisoned.
Fatullayev 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, claiming that it had been manufactured as a way of silencing him. 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 instigating 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, for defamation and insult against the interior minister, Ramil Usubov, whom he accused of having links with Haji Mamedov, a former oficial on trial for his alleged involvement in the murder of journalist Elmar Huseynov.
On 22 May 2007, further charges of 'terrorism' and inciting ethnic hatred were levied against him under Article 214 of the Criminal Code, and on 30 October 2007 he was sentenced to eight and half years imprisonment. These charges are believed to be related to a commentary in Realni Azerbaijan published in early 2007 that focussed on Azeri foreign policy with Iran. The article was written by another reporter. The court also ruled that everything in Fatullayev's two newspaper's offices would be confiscated and a fine of 250,000 manat (US$58,000) be imposed. The sentence was upheld on appeal on 16 January 2008, and upheld again by the Supreme Court on 3 June 2008.
Fatullayev has staged protests within prison against political imprisonment and poor prison conditions. In April 2008, he staged a hunger strike in which he was joined by other prisoners, and supporters outside. He ended the strike after twelve days, following a visit from the Azeri representative of the OSCE, and the OSCE Representative for Freedom of Mass Media, Miklos Haratzi. Despite this, two days later he was reportedly put in solitary confinement, where he was held for ten days. The authorities gave no reason for this punishment, although his lawyer believes it was because he continued to stage protests.
Fatullayev is currently being held at Prison #12 in Baku, where he was visited by the Chairman against Torture in March 2009. The Chairman reported that Fatullayev's health is normal and that he did not have any complaints about prison conditions. He is reportedly occupying himself by reading books in English.
On 24 April 2008, Fatullayev was awarded the Human Rights Watch's Hellman/Hammett award for persevering with his work despite being subject to political persecution. This year, there were 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 came amid the deteriorating media situation in the country, where 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.
Fatullayev has been an Honorary Member of English PEN since November 2008. Representatives of English PEN's WiPC had the opportunity to meet with his family during a recent PEN trip to Azerbaijan. He is extremely grateful for PEN's support.