Masaryk university

6.5 2012: developments and reactions

The lack of defamation law was inciting continuous cases against journalists on charges of libel and insult throughout 2012. “Azadliq” newspaper was convicted for its publication defaming Tagi Ahmadov, a head of Baku Metro Service. In his appeal Tagi Ahmadov sought to receive 200.000 AZN in compensation, but the court established the sum to be 30.000 AZN. However, even this amount was a heavy burden for opposition newspaper which was suffering financial problems (Azadliq radious 2012a). Another opposition newspaper “Yeni Musavat” was charged to pay 50.000 AZN to “Gilan” company (APA 2012a). Adoption of defamation law had been a central issues on the agenda of Azerbaijan’s bilateral relations with the Council of Europe, OSCE and European Union. But Azerbaijani government ignored all recommendations so far, justifying it by the lack of respective law in several other European countries and members of Council of Europe. Implementation document for 2012 calls for adoption of the law (Implementation of the European Neighbourhood Policy in Azerbaijan Progress in 2012 and recommendations for action: 3). Moreover, Stefan Füle also expressed his concern on the lack of progress in legislative abolition of liability for libel in the light of continuous campaigns against media representatives in Azerbaijan (APA 2012b).

Furthermore, during the year 11 more journalists were imprisoned on politically motivated charges (Freedom House, Nations in Transit, Azerbaijan 2013). Most notable were the cases of Faramaz Novruzoglu and Khayal TV journalists. Journalist Faramaz Novruzoglu, who had already served a sentence once, was imprisoned on charges related to organization of mass disorder and violence and on illegal crossing of state borders (Azadliq Radiosu 2012b). However, Novruzoglu claimed that his articles, particularly “The whereabouts of Azerbaijani oil exported to Italy” and “Where do the candles imported from Russia go?” in which he harshly criticized the government, were actual reasons of his imprisonment (IFEX 2012). In another case, 2 correspondents of Khayal TV, executive director Vugar Gonagov and editor in chief Zaur Guliyev, were detained and charged on inciting mass demonstrations by uploading a controversial video in YouTube (Freedom House, Nations in Transit, Azerbaijan 2013). Finally, both journalists were convicted to 3 years of conditional sentence and released in 2013 (APA 2013a).

The cases of intimidation of journalists hindered media environment during 2012. A journalist of independent newspaper “Ayna/Zerkalo” Idrak Abbasov was severely beaten while filming destruction of illegally built apartments by SOCAR’s⁴³ security staff (APA 2012c). He was receiving threatening phone calls even after the incident (Azadliq Radiosu 2012c). International human rights watchdogs – Freedom House, Human Rights Watch, Reporters without borders, Amnesty International – immediately released condemning statements. EU Delegation in Baku condemned brutal beating of Idrak Abbasov and regarded the case as “another example of unacceptable pressure on journalists in Azerbaijan”. The statement also urged the authorities to punish the perpetrators and to take necessary measures for improvement of media environment (Local EU statement on journalist Idrak Abbasov 2012). Ali Hasanov, however, refuted attempts to regard the incident as an attack on media freedom: “Azerbaijan’s government is a guarantor of freedom of speech” (APA 2012d). The incident was also discussed during the meeting between Hillary Clinton and Aliyev in Baku (Azadliq Radiosu 2012d). The investigation had not identified the perpetrators and the journalist was accused in the abuse of his status while covering events (Azadliq Radiosu 2012e).

Another outrageous campaign against journalists was the blackmailing of Khadija Ismayilova, a well-known investigative journalist working for RFE/RL’s Baku office and Consortium of Investigative Journalists. Before the blackmailing started, she had published a series of articles exposing President’s family links to many financial holdings in the country. Blackmailers leaked on the Internet her intimate video that was taped inside of her apartment via hidden cameras installed by unknown people (RFE/RL 2012). Ms. Ismayilova suspected the government was behind the campaign while state officials preferred to asses it as an isolated case. Moreover, in June, Parliament adopted amendment to the Law on the Right to Obtain Information which raised new restrictions to access commercial information (Azadliq Radiosu 2012f). The investigation launched by officials to identify the blackmailers, as in many previous cases, ended without any result. However, the incident incited outcry of many international observers. European Parliament condemned brutal attack on Abbasov and blackmailing of Ismayilova and called the authorities “to immediately stop all actions aimed at suppressing the freedom of expression and assembly, as this is incompatible with Azerbaijan's commitments regarding democracy, the protection of human rights and fundamental freedoms” (European parliament 2012). Stefan Füle speaking at Euronest PA meeting in Baku did not specify any of the above mentioned cases. But he made several neutral references to the ambitions of Eastern Partnership in regard to promotion of respect for human rights and fundamental freedoms, including freedom of the media and freedom of assembly (Stefan Füle 2012a). In June, Stefan Füle participated in the meeting of EU-Azerbaijan Parliamentary Cooperation Committee and made several important statements regarding latest political developments in Azerbaijan. Voicing concerns of the EU on the collision of European values with the path of Azerbaijani government, Mr. Füle highlighted that “there are no discounts on these principles”: “We cannot welcome the fact that still at this moment there are journalists and political activists behind bars. We cannot welcome activities that intimidate journalists or human rights defenders. … We know the security challenges at many levels, but they should not be used as alibis by anybody” (Stefan Füle 2012b). President of the European Council Herman Van Rompuy paid official visit to Baku in July. During the press release Van Rompuy foremost touched the negotiations on South Corridor and Trans Caspian Pipeline which constitute a strategic importance for both sides, according to Van Rompuy. Beyond that, he welcomed the release of rally participants imprisoned in 2011 and called for more steps in this regard (Van Rompuy 2012).