LOCKING UP FREE EXPRESSION: AZERBAIJAN SILENCES CRITICAL VOICES
Intimidation, violence and media clampdown – free expression in
Azerbaijan is under siege. The country’s record on free expression
has undergone a marked deterioration in the run up to its presidential
election.
By Index on Censorship
Friday, October 11, 2013
Narimanov Park, Baku, 15 May 2010. Police forcibly detain a political
activist during an unsanctioned protest. Photograph by Abbas Atilay
This report is also available in a PDF format.
As expected Azerbaijan’s autocratic president Ilham Aliyev was elected
to a third term on 9 Oct.
This report addresses violations against freedom of expression on
the eve of Azerbaijan’s presidential elections. It is based on field
research conducted between 16 and 21 September 2013 in Baku. In
2012, international and national civil society groups denounced
attempts by the Azerbaijani government to silence critical voices
through fabricated charges, barring protests and blackmail. In 2013,
the government has introduced a new set of repressive laws, curbs
on media and arrests of journalists, political activists and human
rights defenders.
Laws passed in May 2013 extend existing draconian penalties
for criminal defamation and insult to online content and public
demonstrations. Intimidation, harassment and violence against
journalists continue with impunity. Civil society organisations have
raised concerns about the deterioration of the media environment and
the number of imprisoned journalists through the intensification of
the practice of unjustified criminal prosecution.
It is important to note that country is due to assume the chairmanship
of the Council of Europe’s Committee of Ministers in 2014, while it
fails to comply with its obligations under the European Convention
on Human Rights.
IMPUNITY
Impunity for physical and moral attacks against journalists and
activists continues unabated. There have been attacks on journalists
during the period of the presidential elections. Those responsible
for the murders of journalists Elmar Huseynov (2005) and Rafiq Tagi
(2011) have yet to be found or tried. No suspects have been named or
charged with the violent attack on Idrak Abbasov in 2012, weeks after
he received an Index Award. Independent journalists receive threats
and are subject to blackmail.
On a daily basis, journalists, who receive physical and psychological
threats and make reports to the authorities, are denied justice
or protection.
In September 2013, Index met with Ramin Deko, a journalist at Azadliq
newspaper. In addition to regular intimidation and threats, Deko has
been harassed financially, with prosecutions and fines obstructing
his investigative journalism (see section on the economic squeeze
on independent or critical media). Deko alleges he was abducted and
beaten up on 3 and 4 April 2011 by law enforcement bodies. While he
was illegally detained, he said he was told to stop critical articles
and to change his workplace to a pro-government newspaper.[1] On
4 October 2013, Deko was part of a group of journalists attacked
by a pro-government mob while covering a sanctioned opposition
rally the central Azerbaijan town of Sabirabad. Tural Mustafayev,
who was also among the journalists, said that they were assaulted,
and their equipment was damaged by the mob while police officers
stood by and made no effort to disperse the attackers. No measure
has yet been taken to investigate the beating and harassment of the
attacked journalists. On the contrary, the Interior Ministry released
a statementjustifying the action of the police and Bakunews internet
television reporter, Ilham Rasulzadeh, was detained and taken to the
Sabirabad police department.
Another journalist, Yafez Akramoghlu, told Index that the range of
“tools” to intimidate journalists has widened. [2]
Akramoghlu is a journalist at Radio Liberty/Azadliq radiosu and
correspondent for the Nakhchivan Autonomous Republic, which he calls
“the North Korea of Azerbaijan”. Akramoghlu claims that in April 2013,
his family received an envelope containing a CD and several photos.
They depicted intimate pictures and a fake Facebook profile with
fabricated Facebook chats between Akramoghlu and a woman (the same
woman appearing in intimate positions in the photos). Shortly after
receiving the envelope, Akramoghlu says he received a phone call
from someone who identified himself as an employee of the Nakhchivan
national security forces. This individual reportedly threatened to
damage the journalist’s reputation by circulating the images if he
did not stop his investigative work. Following his refusal to give
in to blackmail, Akramoghlu claims he received assassination threats
directed at himself and his family.
Investigative journalist Khadija Ismayilova has also been the target
of a smear campaign. On 7 March 2012, she received an envelope from an
anonymous sender containing explicit photos of her and her boyfriend
with a note warning her, “Whore, behave. Or you will be disgraced.”
Ismayilova published the threat letter and continued her investigative
work. On 14 March 2012, a secretly-recorded video of Ismayilova having
sex with her boyfriend was posted on the internet. The previous day,
a pro-government newspaper ran a long article attacking her and
criticizing her personal life. In August 2013,11 international NGOs
sent a joint letter to President Ilham Aliyev and Prosecutor-General
Zakir Garalov urging them to take concrete steps to ensure that the
repeated harassment and intimidation of Khadiya Ismayilova is properly
investigated. This was after Ismayilova sent at least four letters
to the prosecutor’s office requesting updates on the investigation.
According to Ismayilova, in its replies, the prosecutor’s office
has merely stated that the investigation was ongoing, without giving
any details.
Imprisoned journalists and activists also face intimidation and
violence. In May 2013, one NIDA board member – Turgut Gambar – and
two other youth activists – Abulfaz Gurbanli and Ilkin Rustemzade –
were arrested on misdemeanour charges and had their heads were shaved
while they served administrative detention.
Since his arrest in June 2012, Hilal Mammadov, editor-in-chief for
Tolisho Sedo newspaper, has reported ill-treatment and torture. On
Friday 27 September 2013, two weeks before the presidential elections,
Mammadov was sentenced to five years in prison on charges of treason,
inciting ethnic hatred and drug trafficking.
REPRESSIVE LEGISLATION
In the run up to the presidential elections, the framework for freedom
of expression became tighter. Recent amendments to laws have further
restricted freedom of expression, freedom of assembly and the work
of civil society, by increasing sanctions for public order offences,
including organising and participating in unauthorised demonstrations.
Minor public-order offences now carry maximum jail sentences of 60
days, instead of 45. Adopted on 2 November 2012, new amendments to
the law “On freedom of assembly” and to the Criminal Code saw fines
for protesters who violate the law raised from 300 manat (USD 385)
to 8,000 manat (USD 10,200) and introduced a prison sentence of two
years. Criminalising the organisation and participation in peaceful
protests has an increasingly chilling effect on freedom of expression
in Azerbaijan.
Amendments to legislation regulating non-governmental organisations
(NGOs), signed into law by the president on 11 March 2013, further
stifle civil society in Azerbaijan, with NGOs now facing additional
registration hurdles and stricter funding requirements. The new
law bans cash donations above USD 200, and increased fines for
non-compliance. In addition, NGOs that do not register under the
law are unable to open or maintain bank accounts. This legislation
further interferes with freedom of association already undermined
in 2009 and 2011, after the introduction of overly complicated NGO
registration requirements. The International Center for Not-for-Profit
Law (ICNL) identified a number of issues relating to NGO legislation
in Azerbaijan, including the lack of transparency in the process of
government authorities’ decision-making on whether to register an NGO.
It is feared that the arbitrary application of the law directly
undermines freedoms of expression and association. On 19 October 2011,
the Council of Europe Venice Commission referred to NGO regulations
in Azerbaijan as “a breach of international standards.”
In May 2013, the Azerbaijani Parliament adopted amendments to the
Code of Administrative Offences, resulting in the extension of the
permitted length of administrative detention. The maximum period
of administrative detention sanctioning offences for “violation
of the rules of organising and conducting rallies, demonstrations,
processions, etc.” has been increased from 15 to 60 days.[3] This new
legislation allows the arrest, for example, of people who distribute
leaflets in the streets. On 19 September 2013, the police reportedly
arrested and detained for a few hours 20 young people distributing
leaflets for an authorised protest.[4]
In addition, Azerbaijan’s defamation legislation was extended on 3
June 2013 and now also applies to internet-based content and opinions
expressed online, including in social media (see section on internet
censorship). The new defamation law imposes hefty fines and prison
sentences for anyone convicted of online slander or insults. This
constituted a severe step back for Azerbaijani government that had
committed to decriminalise defamation in its National Action Programme
in 2011. In August 2013, a court prosecuted a former bank employee
who had criticised the bank on Facebook. The court found him guilty
of libel and sentenced him to 1-year public work, also withholding 20%
of his monthly salary (see section in internet censorship).
MEDIA DIVERSITY, OWNERSHIP AND THE SQUEEZE ON THE OPPOSITION PRESS
The clampdown on independent and critical media continues, while
nearly all broadcast media remain owned by the state or controlled
by the authorities.[5] The independent press has faced economic
discrimination, with editors claiming the authorities regularly
pressure advertisers not to place ads in critical papers.[6] Meanwhile,
Azerbaijani public officials have used criminal and civil defamation
to stifle critical journalists.
Most of the nine national TV channels are either directly owned by
the state or controlled by the authorities. The regulatory authority,
Azerbaijan’s National Television and Radio Council – also charged
with delivering broadcast licenses – is fully funded from the state
budget and the president directly appoints all of its nine members.
Journalists Index spoke to believe audiences are inundated with state
propaganda, even through channels that offer no direct coverage of
current events or political news.
Critical newspapers are barred from press distribution networks,
which are controlled by state officials. Over 70 % of the distribution
has fallen under government control and 42% of the population has no
access to press kiosks with, on average, one retail stand for 11,250
inhabitants. Journalists and editors interviewed by Index expressed
concerns over the election code that makes no provisions for balanced
coverage of candidates and political parties in news and current
affairs programs, including for public newspapers and broadcasters.
The first interim report of the OSCE/ODIHR Election Observation Mission
reported that there were some concerns over the shortening of the
official campaign period, which limits opposition candidates’ access
to media and gives the incumbent president a disproportional advantage.
Along with the state’s control over the main media channels, the
Azerbaijani regime keeps suppressing dissent or critical voices through
defamation legal actions. According to Rashid Hajili from the Media
Rights Institute, in the first six months of 2013, 36 defamation
suits were brought against media outlets or journalists, four of
which were criminal defamation suits. While courts have rejected all
four criminal defamation suits, they have ordered media outlets and
journalists to pay hefty fines in civil defamation cases. For example
in June 2012, a court ordered Azadliq newspaper to pay 30,000 manat
(USD 36,000) to the head of the Baku Metro Service, for an article
published on 8 April 2012 about an increase in metro fares. In May
2012, a court fined Ramin Deko, investigative journalist at Azadliq,
3,000 manat (USD 3,800) for allegedly defaming Novruzali Aslanov,
a pro-government member of parliament. Ramin Deko says: “Because of
the fines, investigative journalism is at risk. There is an allergy
to free expression in this country. In April 2011, I was abducted and
beaten up, but defamation fines are equally chilling. It is another
intimidation tactic and it interferes with my personal life.”[7]
INTERNET CENSORSHIP
Several activists have been arrested for their protest activities
on social networks. In public statements, high-ranking officials
aggressively attack social media, calling it a “harmful phenomenon.”
Fazail Agamaly, an Azerbaijani MP, publicly called for access to social
networking websites in Azerbaijan to be blocked during a speech in the
country’s parliament, calling Facebook and social networks “a threat
to Azerbaijan’s statehood.” The “war declared by the regime on social
media” became more serious after street protests – organised by young
people through Facebook – on 10 March 2013. On 16 March, president
Ilham Aliyev allocated 5 million Azerbaijani manats (about USD 6.7
million) to fund activities of pro-government youth organisations on
social networks. At the same time, seven members of the NIDA movement
– a youth movement calling for more democracy in Azerbaijan – were
arrested on charges of drug possession and inciting hatred. In May,
the parliament adopted repressive legislation to extend criminal
defamation laws to online content.
Rashid Hajili from the Media Rights Institute said: “Internet is
growing and offers opportunities as well as challenges. The first
steps toward prosecution for criminal defamation on Facebook last
August [2013] are concerning.”[8] In August, Astara District Court
convicted Mikail Talibov for sharing critical information on Facebook.
Previously, Talibov worked at AccessBank, a bank with headquarters
in Baku. Following his dismissal, he created a Facebook page where
he harshly criticized the bank’s activity. The bank considered the
Facebook page libelous and demanded the court to bring Talibov to
justice for libel. The court considered the former bank employee
guilty and charged him to 1-year public work, also withholding 20%
of his monthly salary. The court also ruled Talibov to refute his
criticism on Facebook. Many Azerbaijani civil organisations have
condemned this ruling, with the Media Rights Institute calling it a
“harsh punishment for expressions on internet forums”.
Defamation laws and monitoring of social media content are particularly
chilling free expression online in Azerbaijan. Turgut Gambar, youth
activist and member of NIDA, told Index that an increased number
of young people refrain from expressing their opinion online due to
the monitoring of social media and punishment of those who criticize
the regime.[9] However, Gambar counts on the internet to empower the
youth and complement traditional action for the democratisation of the
country. “In March [2013], NIDA was able to mobilize and attract people
who usually are not politicised thanks to social media”, says Gambar,
“Internet is complementary to other forms of action such as graffiti,
songs, or distribution of stickers”. The seven NIDA members arrested
in March and April 2013 were particularly active on social media and
known for their criticism of the authorities. The repression offree
speech online is seen as an attempt to suppress activism on the last
remaining haven for independent expression.
AZERBAIJAN AND THE COUNCIL OF EUROPE
In the run up to the elections, on 26 January 2013, the Parliamentary
Assembly of the Council of Europe (PACE) failed to pass a resolution
on political prisoners. The inaction of PACE has made Azerbaijan
confident and since that failure at the PACE, Azerbaijan has felt
emboldened to arrest more journalists and activists. On 1 October 2013,
the Baku-based Human Rights Club released a new list of political
prisoners counting 142 persons currently in detention or imprisoned
for politically motivated reasons. The Human Rights Club notes that
the number of politically motivated detentions and imprisonments has
increased sharply since the defeat on 26 January 2013 of the key PACE
resolution on “The follow-up to the issue of political prisoners
in Azerbaijan.” At the time of the vote, there were 60 cases of
alleged political prisoners included in then-rapporteur Christoph
Strasser’s list.
It is of concern that the PACE has failed to hold Azerbaijan
accountable for its Council of Europe obligations. According to
interviewees, the resolution’s defeat has tarnished the Council of
Europe’s credibility in Azerbaijan as an institution supposed to
protect, promote and ensure human rights.
The government of Azerbaijan works particularly hard to influence
opinion at the PACE, or to paralyse its action.[10] Christoph Strasser,
a German PACE delegate who was the Special Rapporteur tasked with
examining the situation of political prisoners in Azerbaijan, has
been refused a visa to conduct a fact-finding mission to Azerbaijan.
This refusal has angered German parliamentarians to the extent that the
Bundestag’s Committee on Human Rights and Humanitarian Aid drafted a
resolution demanding Strasser be granted a visa. Such is the influence
of the government of Azerbaijan in Germany that the draft resolution
was leaked to the country’s ambassador.
Azerbaijan pursues its lobbying at the Council of Europe (COE) and
at national government level to persuade parliamentarians that the
lack of a free media or its political prisoners are not worthy of
special attention – or can be justified in the context of the ongoing
Nagorno-Karabakh conflict. This distortion of the truth makes the
work of human rights defenders all the more difficult, especially as
space to express critical views in Azerbaijan has been gradually and
progressively curtailed since Azerbaijan joined the COE in 2001. While
Azerbaijan is preparing to assume the Chairmanship of the COE, it is
of paramount importance for the Council of Europe to take tougher line
against Azerbaijan’s crackdown on fundamental rights and freedoms.[11]
“In eight moths, Azerbaijan will run Europe’s official human rights
organisation. The Council of Europe must take care about who speaks
on its behalf. We are not saying that the council should prevent
Azerbaijan from taking the chair, but it should take a tougher line
vis-a-vis implementation of human rights commitments. If member states
are allowed to get away with blatant violations and fail to comply
with the Council of Europe rules and treaties, human rights become
a dead letter”, says Emin Huseynov, Chair and CEO of the Institute
for Reporters’ Freedom and Safety (IRFS).[12]
Recommendations
In the run-up to the 2013 presidential elections in Azerbaijan,
the situation for freedom of expression has deteriorated. Index on
Censorship makes the following recommendations:
– Ensure the immediate release of all persons imprisoned for
exercising their right to freedom of expression
– Promptly investigate and prosecute all cases of violence, threats
of violence, and blackmail against journalists, political activists
and human rights defenders
– Respect and protect the right to freedom of expression offline
and online, including by ceasing the practice of targeting social
media users involved in organising protests
– Promote the development of public service broadcasting that is
independent of government interests and acts in the public interest,
with particular attention paid to the regions outside of Baku
– Cease the practice of pressuring and interfering with the work
of NGOs, human rights defenders and lawyers
– Reform the law to protect the freedom of association
This report was originally published on 10 Oct 2013 at
indexoncensorship.org
[1] Index on Censorship interview, Baku, 18 September 2013
[2] Index on Censorship interview, Baku, 18 September 2013
[3] Article 298.11 and 298.22 of the Administrative Offences Code
[4] Index on Censorship interview with a young political activist,
Baku, 20 September 2013
[5] State control and the media in Running scared. Azerbaijan’s
Silenced Voices, International Partnership Group for Azerbaijan
report, 2012
[6] Index on Censorship interview with Rahim Ajiyev, acting
editor-in-chief of Azadliq newspaper, Baku, 18 September 2013
[7] Index on Censorship interview, Baku, 18 September 2013
[8] Index on Censorship interview, Baku, 19 September 2013
[9] Index on Censorship interview, Baku, 20 September 2013
[10] Azerbaijan’s image problem, in Running Scared. Azerbaijan’s
Silenced Voices, International Partnership Group for Azerbaijan
report, 2012
[11] Azerbaijan will assume the chairmanship of the COE’s Committee
of Ministers from July 2014
[12] Index on Censorship interview, Baku, 18 September 2013
http://www.indexoncensorship.org/2013/10/azerbaijan-free-expression-clampdown/