During the last 2 days of March 2015 it decided to detain a Georgian trial observer in the airport. As ‘non co-operation’ (to use a euphemism) tends to get underreported – which is exactly why it is so attractive – here in full the interview which Giorgi Lomsadze of EurasiaNet.org had with the Giorgi Godia, the Human Rights Watch’s South-Caucasus representative who is the one who came to observe the trials of imprisoned human-rights lawyer Intigam Aliyev and rights-activist Rasul Jafarov. [The Azerbaijani government, as yet, has not provided a reason for Gogia’s detention and subsequent deportation back home.] Azerbaijan may be willing to host sports events, but fair play is not part of it.
Here is his side of the story:
EN: What happened when you arrived in Baku?
Gogia: I flew into Baku at about 1:30 on Monday afternoon [on March 30, 2015].
When I gave my passport to the border-control officer, he unthinkingly stamped it like they probably often do when they see a Georgian passport. But then something appeared to turn up on his computer screen, and he went pale. He called to some other people, and they began making calls, while I was asked to step aside.
Then they took me back through security control, took me to the transit zone and said ‘Sit here.’ They would end up taking me back and forth through security control three times on that day, and each time I had to take off my belt and shoes, and each time they went through my bag.
EN: Were you given any explanation?
Gogia: To my enquiries, they would simply respond “Mы изучаем” [We are studying this]. Time and again, they asked me: “Who are you? What is this organization you are working for? Have you been here before?” And I told them that I was there to attend the trials of [imprisoned] human-rights defenders Intigam Aliyev [a human-rights lawyer imprisoned in August 2014 and facing charges of alleged tax evasion, illegal business activities, abuse of power, embezzlement and misappropriation of funds] and Rasul Jafarov [an activist imprisoned in August 2014 and facing charges of alleged tax evasion, illegal business activities,abuse of power,embezzlement and forgery — ed].
There was not much I could do for Intigam and Rasul other than just be there for them, to show solidarity. The trials would probably be included in my reports on the human-rights situation in Azerbaijan.
As they kept making calls, it was clear they were trying to decide what to do to me. When I said I had to use the facilities, one official followed me there. As the hours went by, I was asked if I had eaten anything yet. “Here’s a pizza place,” I was told.
EN: At that point, did you tell your work or the Georgian embassy about your situation?
Gogia: I did. I had two phones, American and Georgian. We [at Human Rights Watch] decided not to go public with it quite yet.* With all the arrests in Azerbaijan, we thought that it may make things worse for me. I hoped that they would still eventually let me in and I’d get the opportunity to attend the trials.
But then two of my minders disappeared, and I was left with this guy who did not speak Russian or English. Then, even he left. It was getting late and the airport became empty.
After some communication with the Georgian consulate and their communications with the Azerbaijani side . . . I was told that I would be deported. But they did not put me on the flight back that night or the morning after.
So, I spent the night in the airport. I did not sleep a wink and was quite exhausted by the morning. Then, I thought that I was going to be arrested. It was only late in the night, 31 hours after my arrival, that I was eventually put on a flight back to Tbilisi . . .
EN: The news was that you were arrested . . .
Gogia: I was effectively detained, as they would not let me in or out for two days and one night. I am still much luckier that my Azerbaijani friends like Leyla [Yunus], Arif [Yunus], Intigam [Aliyev], Rasul [Jafarov] and Khadija [Ismayilova]. [Rights-activist Leyla Yunus, her husband, conflict-analyst Arif Yunus, and investigative journalist Khadija Ismayilova are among a number of other imprisoned government-critics — ed].
I am not sure how the news got out. In hindsight, what they did made no sense. Had they simply let me in, I would have written another report, which would have had its limited audience. The New York Times would not be reporting about it. But suddenly I was everywhere in the news and tweets kept going out, and they got much more damage to their reputation. . .
EN: Will you try to get into Azerbaijan again?
Gogia: I hope that I will be allowed into Azerbaijan. I am hoping, and I am working on it, that the Georgian embassy will pass a note [diplomatique] to the Azerbaijani side, and that a solution will be found.
EN: You’ve long followed Azerbaijan. What is the human rights situation in Azerbaijan?
Gogia: Azerbaijan was never an easy place to work. But it was relatively recently that things started getting really bad. I long monitored the situation in Azerbaijan and for the past two years I watched how the country has been closing up.
First, they began preventing transfers of foreign grants for human right projects. The local chiefs of party for international democracy watchdogs like ISFED [International Society for Human Rights and Democracy] were arrested. They shut down major international groups like World Vision, the Soros Foundation, IREX.** Then, they went after lawyers, journalists, activists . . .
EN: Why do you think this is happening?
Gogia: I think it is a combination of factors. First, there was the Arab Spring and the authorities became wary of youth activists and began arresting them in droves, like the NIDA [youth] activists. Then, there was [in 2012] Eurovision, which was largely a vanity-project for the government, but human-rights organizations seized the opportunity to put rights-violations in the spotlight then and Azerbaijan got so much bad press that they began another civil society and media clampdown. Later, came Euromaidan [in Ukraine], prompting more fears among the élites that such upheavals can spill over.
Now, they are preparing for the “Olympics” [this June]; the European Games that Azerbaijan pretty much invented. It is designed as another success story for the government and they don’t want to take any chances about getting bad press and are silencing everyone that they can silence. I don’t expect it to get any better after the Games, as then there will be parliamentary and, later on, presidential elections.
EN: The response from the international community to the situation in Azerbaijan is often considered to be too soft . . .
Gogia: The thing is that Azerbaijan’s geopolitical importance has been increasing in the light of the Ukrainian-Russian war. The West could use a strategic partner in the region and Azerbaijan’s energy resources, too. So, Azerbaijan speaks to Europe from this vantage point.
The European Union stops short of taking it to task, even if it runs counter to the EU’s own commitments to working on promoting human rights internationally. Previously, the EU sought a Strategic Partnership for Modernization agreement with Azerbaijan. Then, Baku made it clear that it not that interested in closer ties with the EU; at least, not to a degree to take up a commitment to modernize and change the way things are done. Since then, the EU has switched to discussing a less ambitious Strategic Partnership Agreement.
With only mild criticism coming from the EU, the Azerbaijani authorities are proceeding with impunity . . . Not only was Baku not taken to task for this, but went on to become the chair of the Committee of Ministers of the Council of Europe, one of the world’s main human-rights organizations.
When [President] Ilham Aliyev spoke to the Parliamentary Assembly of the Council of Europe last June, he was defiant and responded sharply to criticism. Then I wrote in a report that “if President Aliyev is this belligerent when addressing such a high tribune and assembly members, we should all be really worried what future holds for his critics at home.”
Unfortunately, those words proved prophetic. And until Azerbaijan’s authorities see that there is a price for what they are doing, it will only get worse.
This video clip is an excellent introduction to the the question of whether Azerbaijan still belongs in the Council of Europe.
Azerbaijan wrapped up its chairmanship on November 13 of the Committee of Ministers of the Council of Europe. Azerbaijan took over as chair of the Committee of Ministers, the Council of Europe’s executive arm and decision-making body, back in May. Over the course of its six-month term, authorities in Baku bullied and imprisoned scores of journalists and human rights defenders, jailing some of the country’s most prominent such as Leyla and ArifYunus, on trumped-up charges. Azerbaijani Foreign Minister Elmar Mammadyarov attended a ceremony in Strasbourg on November 13 marking the transfer of the chairmanship from Azerbaijan to Belgium. A document posted on the Council of Europe’s website states that “Azerbaijan deployed considerable efforts in furthering the objectives of the Council of Europe around its three key pillars – human rights, rule of law and democracy.”
This assertion makes a mockery of reality as shown by the statements of a great many actors from international NGOs, OSCE to regional defenders networks:
Giorgi Gogia, senior researcher at Human Rights Watch: “It can be said without exaggeration that Azerbaijan’s tenure represented an assault on the institution and everything it [the Council of Europe] stands for”.
Two regional networks, the Human Rights House Network and the South Caucasus Network of Human Rights Defenders, addressed an open letter to President Ilham Aliyev, detailing government rights abuses and calling for immediate changes. “We specifically call upon you [Aliyev] to immediately and unconditionally release all civil society actors currently detained due to their engagement in human rights activities and for raising critiques against Azerbaijan’s authorities”.
Another rights network called the Civic Solidarity Platform released the No More Business as Usual video at the top of this post, urging policymakers in European Union member states to hold Azerbaijan accountable for its rights violations. “It is a disgrace Azerbaijan used its chairmanship … not to improve its human right record, but, on the contrary, to jail activists and journalists and to get further away from international standards of democracy and rule of law.”
Dunja Mijatovic, media representative of the normally careful 57-nation Organisation for Security and Cooperation in Europe (OSCE), said in a statement “Practically all independent media representatives and media NGOs have been purposefully persecuted under various, often unfounded and disturbing charges“. [She spoke after Azeri blogger Mehman Huseynov was detained at Baku international airport earlier in the day while trying to depart for Georgia to attend the 11th South Caucasus Media Conference on the invitation of the OSCE. Huseynov was released after several hours of questioning. In 2012 he was hit with a three-year travel ban after being convicted of resisting and insulting police.
Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), on 31 October cited the case of Azerbaijani human rights defender and journalist Khadija Ismayilova in calling on OSCE participating States to refrain from pressuring or harassing individuals for their legitimate activities in supporting the promotion and protection of human rights. “Ismayilova was detained and questioned at the end of September upon returning from the OSCE Human Dimension Implementation Meeting in Warsaw, where she raised concerns over failures by the Azerbaijani authorities to meet the country’s commitments in the area of human rights and fundamental freedoms,” Link said. “I raised her case yesterday in my first report to the OSCE Permanent Council, stressing that human rights defenders have to be able to work free of harassment and intimidation.” A clear case of reprisal!
Several other human rights defenders were sentenced to varying prison terms earlier this year on charges included tax evasion, illegal business activity and hooliganism. Defense lawyers called the charges unfounded and politically motivated. https://thoolen.wordpress.com/2014/08/18/azerbaijan-a-hot-summer-in-summary/
October is awards season, so you should know that the 2014 Andrei Sakharov Freedom Award recognizes 98 political prisoners in Azerbaijan. [Note : there is also the European Parliament’s Sakharov Prize – of more info please go to: http://www.trueheroesfilms.org/thedigest/awards]
The Norwegian Helsinki Committee’s Secretary General, Bjørn Engesland, announced the award in Oslo on 6 October, noting the sad fact that Azerbaijan’s political prisoners “are too numerous to all be mentioned here.” The Committee has documented 98 political prisoners, among them 13 journalists and bloggers. In addition, the prisoners include 10 human rights defenders and civil society activists, nine youth activists, a prominent opposition leader, “and many other opposing voices and religious activists.” The Committee noted that Azerbaijan assumed the Presidency of the Council of Europe’s Committee of Ministers this year.“Just weeks after Azerbaijan took over the chairmanship in May 2014, a new wave of detention of activists started. In what appears as a sign of contempt against the Council of Europe institutions, this wave in particular hit human rights defenders who have worked hard with the Council for the recognition and release of Azerbaijani political prisoners.
An array of international human rights organisations have over the last weeks focused on Azerbaijan. These four reports together give a shocking picture of the kind of repression that awaits human rights defenders: Read the rest of this entry »
Twenty trainers from among Azerbaijani lawyers and human rights defenders have been trained to apply the European Convention on Human Rights (ECHR) and the Revised European Social Charter (RESC), with a particular focus on anti-discrimination standards, AzerTag state news agency reported. The last of three four-day training sessions for Trainers took place in Baku, Azerbaijan, on 20-23 February.
Twenty lawyers and human rights defenders were selected for training via competition to share their experiences with colleagues through a series of cascade trainings, which will start in March 2014 and continue even after the joint project of the Council of Europe and European Unionis completed. The Justice Academy of the Republic of Azerbaijan is the key local partner in this project.
“This activity is one of the most important activities within the capacity building project for lawyers and human rights defenders, and I believe that the advocates and human rights defenders attending this programme have obtained essential benefit from the shared knowledge and they will put this knowledge and information into practice …” said Teymur Malik-Aslanov of the Council of Europe Office in Azerbaijan.
[This activity is a regional project implemented in Azerbaijan, Armenia, Georgia, Moldova, the Russian Federation and Ukraine.]
It sounds almost like a joke but it truly happened. On 9 February 2014 Ukrainian border officials barred a Russian human rights defender from entering the country, according to Human Rights Watch: Andrei Yurov, a member of Russia’s presidential human rights council and the Head of its permanent commission on human rights outside Russia, was deported to Russia upon his arrival at Borispyl airport in Kiev. Yurov was to meet in Kiev with Council of Europe Human Rights Commissioner Nils Muiznieks, and to work within the International Human Rights Defenders’ Group on the Situation in Ukraine, which was founded on December 1, 2013, in response to the November 30 police violence against peaceful protesters in Kiev.
“Yurov’s expulsion is an unprecedented and wholly regrettable step,” said Rachel Denber, deputy Europe and Central Asia director at Human Rights Watch. “Instead of driving out human rights defenders the Ukrainian government should be open to scrutiny of its human rights record during this crisis.”
In the context of the ongoing debate – here in Greece but also elsewhere – on whether ‘hate speech’ and racist parties should be banned, I refer to the following letter to the Editor of the Economist (6 July 2013) by the Council of Europe Commissioner for Human Rights:
“SIR – I fully agree that “Greece needs a more robust anti-racism law (“Racist dilemmas”, June 22nd). But I do not agree that banning the neo-Nazi Golden Dawn political party “could be counterproductive” and may be contrary to the right of freedom of association. I recently reported on Golden Dawn following an official visit to Greece. The leadership of this party has historical links with the military junta that ruled Greece in the 1970s and is openly contemptuous of democracy.
Greek democracy is under serious threat. I have urged the Greek authorities actively to prosecute individual members of Golden Dawn and others who have engaged in hate speech or violent racist attacks. Under international human-rights law the Greek authorities would be within their rights to ban Golden Dawn as well. The right to freedom of association is not absolute and may be restricted to protect the rights of others. Greece is bound by the International Convention on the Elimination of All Forms of Racial Discrimination, article four of which calls on states to ban racist organisations.
Moreover, Greece is bound by the case law of the European Court of Human Rights, which has found that, under certain conditions, states can impose restrictions on political parties and their members or supporters.
Such restrictions are possible if a political party has been found to use violence to achieve its goals and deny fundamental rights and freedoms, including the principle of non-discrimination.
Nils Muiznieks Commissioner for human rights, Council of Europe Strasbourg”
On 16 May 2013 Russia Today spoke with the Russian Foreign Ministry’s Commissioner for Human Rights Konstantin Dolgov, to find out his view on the situation as the hunger strike in Guantanamohits its’ 100-day landmark. It is good to see Russia express its concern about this and even invoke the views of human rights defenders. Below I give some quotes from the interview. If only Russia would always be so concerned with their views! As to illustrate this the Moscow Times comes today with an article by Jonathan Earle Read the rest of this entry »
The Human Rights House Foundation (HRHF) was informed today by its partners that prominent human rights defenders were arrested in Baku, Azerbaijan, in connection with a protest held on Saturday 26 January 2013:
Hundreds of people have demonstrated in Azerbaijan’s capital to express solidarity with recent protests in the central town of Ismayilli.More than 40 participants to the peaceful protests were detained, including prominent blogger Emin Milli, Rafto Prize winner 2009 Malahat Nasibova, human rights lawyer Intigam Alieyev, as well as investigative journalist Khadija Ismayilova.The arrests happen to come two days after the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution on the human rights situation in Azerbaijan and called upon the authorities to stop attacks and harassment against human rights defenders. The Azerbaijani human rights defenders present in Strasbourg held a joint press conference in the Council of Europe buildings on Wednesday 23 January 2013.
“By arresting within a crowd of protesters also these prominent human rights defenders, Azerbaijan authorities show that they use detention as a tool to punish critical voices, few days after those critical voices expressed their opinions at the Council of Europe” says HRHF.
The ‘new’ Commissioner for Human Rights of the Council of Europe (who took office on on 24 January 2012) Nils Muižnieks stated in his end of the year message some hard truths about the position of human rights defenders in Europe.
”Defamation, threats, verbal and physical attacks, sanctions and judicial harassment are used to deter human rights activists from working with migrants.” Nils Muižnieks states that in several Council of Europe countries, the rise of xenophobic and anti-migrant discourse has “negatively impacted” on the work of human rights defenders who protect and promote the rights of migrants.“Human rights defenders are even increasingly labelled as traitors who are threatening national identity and security,” he adds. “They are often exposed to intimidation and abuse.
“The situation in Greece is particularly worrisome as migrants have become targets of unacceptable, extreme violence notably by members, including MPs, of the far right political party of Golden Dawn.“Human rights defenders defending migrants are under threat. There have been several instances of lawyers being threatened and physically attacked in Athens as they were assisting migrants in the course of asylum and other legal procedures.
“In some Council of Europe countries the work of defenders working with migrants and their rights is being criminalised. In France, legal provisions corresponding to the so-called délit de solidarité the offence of solidarity concretely result in law enforcement bodies pressuring and punishing human rights defenders providing assistance to irregular migrants. Persons standing up for the rights of migrants have been detained, prosecuted and/or fined.“ “In Belgium, similar tendencies have been identified and persons who have been demonstrating in favour of the rights of migrants have been arrested.”
Hans Thoolen on Human Rights Defenders and their awards 