Azerbaijan’s Supreme Court has commuted a seven-and-a-half-year prison sentence against prominent human rights lawyer Intigam Aliyev, paving the way for his release after nearly a year in prison
On 7 April 2016 Azerbaijan human rights lawyer Intigam Aliyev was awarded the Civil Rights Defender of the Year Award in Stockholm by the NGO Civil Rights Defender. Released in March (see: https://thoolen.wordpress.com/2016/03/28/human-rights-defender-intigam-aliyev-freed-in-azerbaijan-today/) his son Najmin Kamil came to accept the award and said, “My father dedicated his tireless and selfless work to the promotion and protection of human rights, and sacrificed his freedom for the freedom of others – just because it is important for him to stand strong for what he believes in, no matter the circumstances”.
Having paid so much attention to Azerbaijan in the past years [https://thoolen.wordpress.com/tag/azerbaijan/] it would be almost unfair not to mention that the Supreme Court in Baku today released Azerbaijan’s leading human rights lawyer, Intigam Aliyev. The court converted his seven-and-a-half year prison sentence to a five-year suspended term.
[Aliyev, an award winning human rights lawyer is also chair of the Legal Education Society, which litigated human rights cases in Azerbaijan. He was one of the first Azerbaijani lawyers to bring cases to the European Court of Human Rights and has mentored a new generation of human rights lawyers in the country. In April 2015, Baku’s Grave Crimes Court convicted Aliyev on politically motivated charges of tax evasion, illegal business activities, embezzlement, and abuse of authority.]
This blog has had many occasions to be negative about Azerbaijan [https://thoolen.wordpress.com/tag/azerbaijan/], but this time some good news: President Ilham Aliyev of Azerbaijan signed a decree yesterday (17 March 2016) for the Novruz holiday, pardoning 148 prisoners, among them thirteen journalists, human rights defenders and activists.
The list includes: human rights campaigner Rasul Jafarov; the head of a local election monitoring group Anar Mammadli; youth activists from NIDA movement Rashad Hasanov, Rashadat Akhundov, Mammad Azizov, and Omar Mammadov; human rights defenders Taleh Khasmamedov and Hilal Mammadov; opposition Musavat party deputy chair Tofig Yagublu; journalists Parviz Hashimli and Yadigar Mammadli; also a blogger Siraj Karimov. Also today, the Baku Appeals Court converted a six-year prison sentence imposed on journalist Rauf Mirgadirov to a five-year suspended term, and released him from the courtroom.
While this is a great moment for those released, among those still behind bars on bogus charges are: political analyst Ilgar Mammadov, in defiance of the European Court of Human Rights decision on his case and the repeated calls by the Council of Europe Committee of Ministers to free him; human rights lawyer Intigam Aliyev; and Azerbaijan’s prominent investigative journalist, Khadija Ismayilova. Also youth activist Ilkin Rustamzadeh and journalist Seymur Hazi.
“We are overjoyed for the journalists, human rights defenders, and activists who were released today after being imprisoned for exercising their basic rights of free speech and free assembly,” said Nenad Pejic, Radio Free Europe editor in chief. “But Khadija should have been among them”. [https://thoolen.wordpress.com/2015/12/18/azerbaijan-khadija-ismayilova-remains-in-jail-but-council-of-europe-takes-exceptional-step/] In recent correspondence with RFE/RL, international human rights lawyer Amal Clooney, who will represent Ismayilova before the European Court of Human Rights, said that “the case involved a politically motivated prosecution to restrict [Ismayilova’s] freedom of speech… This is about a government that is abusing its power to silence journalists like Khadija, as well as other critics of the ruling regime.”
Intigam Aliyev, President of the Legal Education Society (LES), Azerbaijan, was today named the winner of the 2015 International Bar Association (IBA) Human Rights Award. The Award was presented by IBA President, David W Rivkin. A political prisoner in Azerbaijan, Mr Aliyev was unable to collect the Award in person. His son and daughter travelled to Vienna and collected the Award, on Friday 9 October, on his behalf. For more on the IBA award: http://www.brandsaviors.com/thedigest/award/iba-human-rights-award
In a letter read by his son Necmin Kamilsoy, Mr Aliyev said, ‘When I heard about this prestigious Award, I felt honour and happiness with sadness at the same time. Today, in my country, my friends, colleagues, conscientious people, are facing prosecutions, pressures, and imprisonments. They deserve this award at least as much as I do. Therefore, I am accepting this award on behalf of them. I share my deep gratitude with the IBA for appreciating my efforts in such a way, as well as with all organisations that nominated me for this award.’
Azerbaijan plays the game: Under pressure from a variety of sources to reduce its widespread repression of human rights defenders in the run up to the European Games [see my latest post: https://thoolen.wordpress.com/2015/04/21/azerbaijan-a-formula-for-combining-sports-and-repression/], the authorities seems to have decided to give in a tiny bit (see two examples below) and continue for the rest with heavy-handed sentencing of human rights defenders:
– On 18 March 2015, Azerbaijan President Ilham Aliyev pardoned 101 prisoners, including Bashir Suleymanli, co-founder of the Election Monitoring and Democracy Studies Centre (EMDSC). Whilst welcoming Suleymanli’s release, on 19 March, the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) remains deeply concerned by the ongoing arbitrary detention of other prominent human rights defenders in Azerbaijan, including Anar Mammadli, chairman of the EMDSC, arrested on the same day, who remains currently detained. The EMDSC – which Azeri authorities have always refused to register – has been leading electoral monitoring activities in Azerbaijan since 2008.
– On 24 April 2015, the head of the United Nation’s Subcommittee on Prevention of Torture (SPT), Aisha Shujune Muhammad, announced that her four-member delegation had successfully conducted investigations of Azerbaijani prisons, police stations and investigative isolation units. “The Azerbaijani Government this time enabled unhindered access to places of deprivation of liberty,” said a statement published by the Office of the U.N. High Commissioner for Human Rights. While welcoming the government’s cooperation, Muhammad added, “[The] State party has yet to guarantee all fundamental legal and procedural safeguards to persons deprived of their liberty, including access to a lawyer, a medical doctor, and to contact his or her family.” [As a state party to the Optional Protocol to the Convention Against Torture, Azerbaijan is obliged to allow independent experts full access to sites of detention, but last September the SPT was forced to suspend its visit after being prevented from inspecting some sites and barred from completing its work at others, “in violation of Azerbaijan’s treaty obligations”]
But then – if you think it finally goes in the right direction – on the 22 April a Court in Baku sentenced human rights defender Mr Intigam Aliyev to seven and a half years imprisonment on trumped-up charges. For more on Intigam Aliyev see: https://thoolen.wordpress.com/tag/intigam-aliyev/]. Many NGOs and governments condemned the sentencing including the EU (“The sentence of seven and a half years imprisonment and a further three-year ban on holding public office handed down to prominent human rights lawyer Intigam Aliyev by an Azerbaijani Court is a further demonstration of the increasingly difficult situation faced by human rights defenders in Azerbaijan. This harsh sentence is disproportionate to the alleged offences, while serious shortcomings witnessed by international monitors during the trial raise fundamental questions as to the legality of these procedures.“)
Several important NGOs, including Amnesty International,Human Rights Watch, the Observatory on Human Rights Defenders (FIDH/OMCT) and Front Line Defenders, have pointed out that serious rights allegations have been escalating since 2012 as Azerbaijan is gearing up to host the first-ever European Games under the auspices of the Olympic Movement. [Over 6,000 athletes representing 50 countries from 12-28 June 2015; according to the London-based Business News Europe, the games are budgeted at an estimated eight billion dollars, and billed as the “most spectacular show in Azerbaijan’s history.”]
While the government of President Ilham Aliyev hopes to use the games to spotlight his country’s economic development, rights groups are pushing the European Olympic Committees and key National Olympic Committees to instead shift the focus onto human rights abuses and political prisoners. The Sports and Rights Alliance, urged the IOC to use its leverage with Azerbaijan to, among other things, demand the immediate and unconditional release of rights activists like Khajida Ismayilova, Leyla Yunus, Arif Yunus, Intigam Aliyev, Rasul Jafarov, Rauf Mirgadirov, Anar Mammadli, Ilgar Mammadov, and Tofig Yagulblu.
“Those participating in the European games being funded by the Azerbaijani government have a real obligation to speak out,” Buchanan of Human Rights Watch stressed.
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.
Yesterday,19 August 2014, three United Nations human rights experts [The Special Rapporteur on the situation of human rights defenders, Michel Forst, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on the promotion and protection of the right to freedom or opinion and expression, David Kaye] alsoy condemned the growing tendency to prosecute prominent human rights defenders in Azerbaijan, and urged the Government “to show leadership and reverse the trend of repression, criminalization and prosecution of human rights work in the country.” Yesterday I referred to the UN expert group on business and human rights (currently in the country, see: https://thoolen.wordpress.com/2014/08/18/un-expert-group-on-business-and-human-rights-on-timely-visit-to-azerbaijan/) and reports of several major NGOs (see my post of yesterday: https://thoolen.wordpress.com/2014/08/18/azerbaijan-a-hot-summer-in-summary/)
The UN experts highlighted the specific cases of Leyla Yunus, director of the Azerbaijani Institute of Peace and Democracy; Arif Yunus, head of Conflict Studies in the Institute of Peace and Democracy; Rasul Jafarov, coordinator of Art of Democracy and head of Human Rights Club; and Intigam Aliyev, chair of Legal Education Society. “Azerbaijan’s recent membership of the UN Committee on Non-Governmental Organizations does not square well with the authorities’ actions directed at stifling freedoms on the ground,” the UN rights experts noted.
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 »
( Ane Tusvik Bonde of HRHF and Intigam Aliyev with the Homo Homini Award received on 4 March 2013)
In its intervention on 5 March 2013 at the Human Rights Council, the Human Rights House Foundation (HRHF) welcomed the reports of the Special Rapporteur on the situation of human rights defenders, including the one to the General Assembly on legislation affecting human rights defenders. HRHF stated that they are concerned, as is the Special Rapporteur, by the fact that more and more countries misuse or design legislation in order to impede or even criminalise the work of human rights defenders, or to label them as “foreign agents” such as in the Russian Federation.
HRHF especially welcomed the communications re Azerbaijan, as published in the addendum to the Rapporteur’s report, including the communication about the closure of the Azerbaijan Human Rights House on 16 March 2011 and the warnings against two NGOs threatened to be closed for their online publications on 5 March 2012. This communication has still not been answered. HRHF also regretted that Azerbaijan has not to date replied to the communication of the Special Rapporteur in relation to the arrest of photographer and blogger Mehman Huseynov, a case it already brought to the attention of the Council in July 2012.
Azerbaijan continues to use detention of human rights defenders as a tool to silence them. Most recently, on Saturday 26 January 2013, Intigam Aliyev was amongst 47 other demonstrators arrested for peacefully protesting in Baku. He was awarded the Homo Homini Award in Prague on 4 March, for his exceptional and courageous work in favour of human rights. Intigam Aliyev’s remains disbarred and his NGO blocked. In relation to this protest of 26 January, Emin Milli was sentenced to administrative detention for 15 days for promoting the protest on Facebook in violation of article 298.1 and 298.2 of the code of the Republic of Azerbaijan. Emin Milli was previously detained for 16 months along with Adnan Hajizade for publishing a critical video on Youtube. http://humanrightshouse.org/Articles/19109.html
Hans Thoolen on Human Rights Defenders and their awards 