Extension of the provisional detention of Ms. Khadija Ismayilova

Judicial harassment /

Arbitrary detention

Azerbaijan

May18, 2015

The Observatory for the Protection of Human RightsDefenders, a joint programme of the World Organisation Against Torture (OMCT)and the International Federation for Human Rights (FIDH), has received newinformation and requests your urgent intervention in the following situation inAzerbaijan.

Newinformation:

The Observatory has been informed by reliable sourcesabout the extension of the provisional detention of award-winninginvestigative journalist Ms. KhadijaIsmayilova. Ms.Khadija Ismayilova is a well-known independent reporter in Azerbaijan. Shereceived the Gerd Bucerius Free Press of Eastern Europe Award by Zeit-Stiftungon May 24, 2012, the Courage of Journalism Award by the Washington-basedInternational Women’s Media Foundation on October 24, 2012, and the GlobalShining Light Award on October 14, 2013. Since 2010, she has published a seriesof articles relating to corruptions cases involving President Ilham Aliyev andhis family. Over the past years, Ms. Ismayilova also took part in several humanrights conferences abroad.

According to the information received, on May 14,2015, the Nasimi District Court of Baku extended thepre-trial detention of Ms. KhadijaIsmayilova until August 24, 2015, based on the risk that she might try toinfluence witnesses in the case or flee the country if released.

The authorities arrested Ms. Ismayilova on December 5,2014 on dubious charges of incitement to attempt a suicide and later, onFebruary 13, 2015, charged her with “tax evasion”, “illegal entrepreneurship”,and “abuse of authority” (see background information).

The Observatory recalls that the extension of herpre-trial detention is in line with the ongoing crackdown against Azeri civilsociety, human rights defenders and journalists, aiming to silence them andtheir human rights work in the run-up to the European Games of Baku[1]. Inparticular, in the last months, the provisional detention of other human rightsdefenders has also been extended: Ms. LeylaYunus[2] willremain in jail until July 28, 2015 and Mr. ArifYunusov until August 5, 2015. Furthermore, recently other prominent humanrights defenders have been sentenced with trumped up charges to several yearsof prison: Mr. Rasul Jafarov[3]to 6.5 years and Mr. Intigam Aliyev[4]to 7.5 years of jail.

The Observatory expresses its deepest concern for theclear ongoing repression against human rights defenders and journalists inAzerbaijan and calls upon the Azeri authorities to immediately andunconditionally release all human rights defenders and journalists arbitrarilydetained, and to drop all charges against them, since they only aim atsanctioning their human rights activities.

Background information:

On September 5, 2014, Ms. Ismayilova had been held fortwo hours at Baku airport as she was returning from an OSCE meeting organisedin Tbilisi. On October 5, 2014, she was again retained at the airport forseveral hours after a trip to Strasbourg, where she had met with officials ofthe Council of Europe. In addition, on October 12, 2014 and November 18, 2014,she was banned twice from leaving the country.

On December 5, 2014, the head of the presidential administration, Mr.Ramiz Mekhtiev, made a speech in which he accused, amongst others, Ms.Ismayilova of propagating “heinous ideas towards Azerbaijan”.

On December 5, 2014, Ms. Ismayilova was summonsed forinterrogation by the prosecutor’s office on dubious charges of “incitement toattempt a suicide” on the basis of Article 125 of the Criminal Code and thenplaced in provisional detention for two months. The charges relate to aninvestigation opened in late October, after her former boyfriend, Mr. TuralMustafayev, accused her of driving him to commit suicide.

On January 27, 2015, the provisional detention of Ms.Ismayilova was extended for one month and 19 days. On February 13, 2015, newcharges of “large-scale embezzlement” (Article 179.3.2), “illegal business”(Article 192.2.2), “tax evasion” (Article 213.1) and “abusing official powers”(Article 308.2) were brought against Ms. Khadija Ismayilova. On March 6, 2015,her provisional detention was again extended until May 24.

Ms. Ismayilova is also facing other charges since October3, 2014 following a complaint lodged by a political activist, Mr. ElmanTürkoglu, who accused her of defamation.

Action requested:

Please write to the authorities in Azerbaijan, urging them to:

i. Guarantee in all circumstances the physical and psychologicalintegrity of Ms. Khadija Ismayilova as well as all journalists and human rightsdefenders in Azerbaijan;

ii. Immediately and unconditionally release Ms. KhadijaIsmayilova, as well as all the otherarbitrarily detained journalists and human rights defenders, since theirdetentions are arbitrary and only aim at sanctioning their human rightsactivities;

iii. Put an end to any kind of harassment - including atthe judicial level - against Ms. Khadija Ismayilova, and more generally againstall journalists and human rights defenders in Azerbaijan;

iv. Conform with the provisions of the UN Declaration onHuman Rights Defenders, adopted by the General Assembly of the United Nationson December 9, 1998, especially:

- Article 1, which states that “everyone has the right,individually and in association with others, to promote and to strive for theprotection and realisation of human rights and fundamental freedoms at thenational and international levels”;

- Article 5, which underscores the right of everyindividual to form, join, and participate in non-governmental organizations;and

- Article 12.2, which provides that the State shall“take all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of his or her rights”;

v. Ensure in all circumstances respect for human rightsand fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by Azerbaijan.

Addresses:

· Mr. Ilham Aliyev, President of theRepublic of Azerbaijan, Office of the President of the Republic of Azerbaijan,19 Istiqlaliyyat St., Baku AZ1066, Azerbaijan, Fax: (+994) 12 492 06 25, (+994)412 92 28 68, E-mail: office@pa.gov.az, office@apparat.gov.az

· Mr. Zakir Garalov, ProsecutorGeneral of the Republic of Azerbaijan, Prosecutor’s Office,7 Nigar Rafibeyli St., Baku, Azerbaijan, Fax: (+994) 12 492 06 82, (+994) 12492 26 63, E-mail: z.qaralov@prosecutor.gov.az, info@prosecutor.gov.az

· Mr. Eldar Mahmudov,Minister of National Security, Ministry of National Security of the Republic ofAzerbaijan, Parliament Avenue 14, Baku AZ1006, Azerbaijan, Fax: (+994) 12 493-76-22, E-mail: cpr@mns.gov.az

· Mr. Ramil Usubov, Minister of Internal Affairs,Ministry of Internal Affairs of the Azerbaijani Republic, Fax: (+994) 12 492 4590

· Mr. Elmar Mammadyarov, Minister of Foreign Affairs, Ministry of Foreign Affairs of theRepublic of Azerbaijan, E-mail: katiblik@mfa.gov.az

· Mr. FikratF. Mammadov, Minister of Justice in Azerbaijan, InshaatchilarProspekti, 1 Baku, Azerbaijan, e-mail: contact@justice.gov.az; Fax (+994) 12 43009 81

· H.E. Mr. Murad N.Najafbayli, Ambassador, Permanent Mission of Azerbaijan to theUnited Nations in Geneva, Route desFayards 237, CH-1290 Versoix, Switzerland, Fax: (+41) 22 901 1844, E-mail: geneva@mission.mfa.gov.az

· Embassy of Azerbaijan in Brussels, AvenueMoliere 464, 1050 Brussels, Belgium, Fax: (+32) 2 345 91 85

Please also write to the diplomaticmissions or embassies of Azerbaijan in your respective country as well as to the EUdiplomatic missions or embassies in Azerbaijan.

[1] See the Observatory International Fact-Finding Mission Report entitled“Crackdown on human rights

defenders intensifies as Baku Gamesapproach”.

[2] See the Urgent Appeal of the Observatory AZE 002 / 0414 / OBS 031.5, ofFebruary 18, 2015.

[3] See the Press Release of the Observatory, April 16, 2015.

[4] See Press Release of the Observatory, April 22, 2015.