Ilqar Mammadov speaks to reporters on April 23 in Baku.
Ilqar Mammadov, chairman of the Republican Alternative Party (ReAL), and Rasul Jafarov, a prominent human rights defender and board member of ReAL, were acquitted by the Azerbaijani Supreme Court on April 23 after serving years in prison on charges that they and their supporters said were politically motivated. The EU greeted the court’s decision to acquit the two men and said that it “expects Azerbaijan to live up to its international commitments.” [see also: https://humanrightsdefenders.blog/2018/02/10/after-3-year-gap-eu-and-azerbaijan-meet-again-but-human-rights-remain-precarious/]
Rasul Jafarov
“This judgement, which overturns their previous convictions, is a welcome step that finally fully implements the respective decisions of the European Court of Human Rights. The European Union expects Azerbaijan to live up to its international commitments and to continue to implement the remaining decisions of the European Court of Human Rights,” the EU statement said. Mammadov, who served more than five years of a seven-year prison term, fought for his full acquittal since his early release in August 2018. He was detained in February 2013 and charged with helping stoke unrest in the town of Ismayilli, northwest of Baku. He was sentenced to seven years in jail in March 2014. Mammadov and his supporters insisted the case against him was politically motivated.
Jafarov was arrested in August 2014 and in April 2015 he was sentenced to 6 1/2 years in prison after a court in Baku found him guilty of tax evasion, illegal entrepreneurship, and abuse of office. He denied the charges, saying they were politically motivated. Jafarov was granted early release in March 2016 and worked on his full acquittal since then. [https://humanrightsdefenders.blog/2016/03/18/azerbaijan-pardon-jafarov-ismayilova-aliyev/]
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.”
Every time I now see one of the many flashy television announcements for the Baku Games starting next week, I have to think of the human rights defenders in detention there. So the effortd by many NGOs and experts to link the holding of these Games to Azerbaijan’s terrible human rights record seem to bear fruit. I have written myself several times along these lines [recently: https://thoolen.wordpress.com/2015/04/21/azerbaijan-a-formula-for-combining-sports-and-repression/], so I will not repeat all the arguments. Just to note that several heavyweights have added their voices: Read the rest of this entry »
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.
Lewis Hamilton has just won the Bahrain Grand Prix [which was canceled in 2011 amid violent clashes after an uprising demanding political reforms]. It was the occasion for F1 chief Bernie Ecclestone to says that the Azerbaijan “Baku European Grand Prix” will make its début in 2016, despite concerns over the country’s human rights record. Earlier this week, the sport’s official website carried a notice stating that “The Formula One Group is committed to respecting internationally recognized human rights in its operations globally.” Asked if the human rights situation in Azerbaijan had been checked out with a view to hosting next year’s race, Ecclestone said “We have” before adding “I think everybody seems to be happy. There doesn’t seem to be any big problem there.”
One wonders where he got this idea as the Human Rights Watch report (and that of other NGOs, such as FIDH/OMCT, see link below) on Azerbaijan for 2015 was damning:
I tend not to refer to all cases of human rights defenders detained or sentenced. Sadly there are too many, but also they are often covered by many human rights NGOs and other media. I make an exception for two recent cases which were done by serial offenders China and Azerbaijan:
– A Chinese court sentenced 71-year old journalist, Gao Yu, to 7 years in jail, accusing her of ‘leaking’ an inner Communist Get together document to an overseas site. Many NGOs, human rights defenders and media outlets have condemned the harsh sentence, as well as several States and the EU.
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.
Jury announces the Finalists for the 2015 Front Line Defenders Award
On Wednesday 4 March the Jury for the 2015 Front Line Defenders Award for Human Rights Defenders at Risk announced the 5 finalists for this year, all of whom are either in jail, in hiding or face the threat of jail because of their peaceful work defending the rights of others:
Juan Carlos Flores Solís Mexico, an environmental rights campaigner, was recently released from prison, but has a charge pending, because he led the opposition of local peasant and indigenous communities to the construction of a gas pipeline on their land near an active volcano.
Diane Marie Rodríguez Zambrano Ecuador, LGBTI rights activist and the first trans woman to stand for public office in Ecuador is currently living in a safe house following death threats because of her work promoting the rights of the transgender community.
Guo Feixiong a Chinese legal activist, also known has Yang Maodong, has been repeatedly jailed and brutally tortured for challenging corruption, defending the rights of human rights defenders, minority groups and small farmers whose land had been confiscated. He is currently in prison awaiting sentencing.
Rasul Jafarov one of the most prominent HRDs in Azerbaijan, was arrested on bogus charges of “ illegal enterprise, tax evasion, and abuse of official power. A lawyer by profession, Rasul Jafarov is Head of the Human Rights Club and Coordinator of the Art for Democracy campaign, which has launched several campaigns against politically-motivated imprisonment, including the Sing for Democracy campaign which took place in the run-up to the Eurovision Song Contest in May 2012. His is still in detention and his trial is ongoing.
Yara Sallam – Egypt is a human rights lawyer with the Egyptian Initiative for Personal Rights (EIPR). On 21 June 2014, she was arrested with other protesters during a peaceful demonstration against the controversial “Protest Law”. On 29 October 2014, Yara, and a number of other activists, were convicted on these charges, despite the absence of credible evidence and clear inconsistencies in police reports of the event. She was sentenced to three years’ imprisonment,three years’ police monitoring and a fine of 10,000 Egyptian Pounds (approx. €1,098). This sentence was later reduced on appeal to two years’ imprisonment, two years’ monitoring and no fine.
The winner will be announced at an event in Dublin’s City Hall on 1 May.
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.
