EUROPEAN COURT OF HUMAN RIGHTS
19 January 2016
Khadija Rovshan Gizi Ismayilova v. Azerbaijan Application no. 30778/15
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JOINT THIRD PARTY INTERVENTION SUBMITTED IN ACCORDANCE WITH RULE 44(3) OF THE RULES OF COURT BY
ARTICLE 19: Global Campaign for Free Expression (Article 19), PEN International, International Media Support (IMS), the International Partnership for Human Rights (IPHR) and the Committee to Protect Journalists (CPJ).1
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Introduction
1. This is a third party submission by ARTICLE 19, PEN International, IMS, IPHR and CPJ (“the Interveners”), pursuant to rule 44 § 3 of the Rules of the Court. Permission was granted by the President of the Fifth Section, by a letter dated 2 December 2015. These organisations have long histories of working to support freedom of expression and journalists, writers and media outlets whose work both relies upon, and fosters, that freedom.2
2. This communication addresses the arrest and conviction of prominent investigative reporter and human rights defender K. Ismayilova. The core issue raised by the present case is the severe impairment of the right to receive and
1 The opinion was written by Sarah Clarke from PEN International and Susan Coughtrie from ARTICLE 19, with contributions by International Media Support (IMS) and the International Partnership for Human Rights. 2 Further information about the expertise and experience of the Interveners is set out in the application for leave to intervene, dated 18 November 2015.
impart information as guaranteed under Article 10 of the European Convention on Human Rights (ECHR), as a result of on-going and systematic repressive practices towards civil society, including journalists, by the Republic of Azerbaijan.
3. In particular, the comments place the conviction of K. Ismayilova in the context of increasing repression of journalists, the media and freedom of expression in Azerbaijan, and outlines how this conflicts with the special protections for journalists and the media under international law. While the present case concerns an individual, it is not an isolated one and bears similar hallmarks to many other cases of journalists, bloggers and civil society figures. This latest clampdown on journalists, the media and civil society should be understood as the most serious threat to freedom of expression in the country’s recent history.
4. As a result, we believe this case presents the European Court of Human Rights (“the Court”) with an important opportunity to clarify that Azerbaijan’s current conduct towards journalists, including the applicant in this case, is incompatible with its obligation to uphold Article 10 of the Convention.
Ongoing repression of journalists in Azerbaijan
5. The pattern of systematic repression of fundamental rights, especially the right to freedom of expression, is well documented in Azerbaijan. This research illustrates a pattern of arbitrary arrests and detentions of journalists, bloggers, youth activists and others in connection with expressing critical opinions, many of whom have experienced ill-treatment in detention.3 The issue of restrictions on the right to freedom of expression in Azerbaijan has long been a serious concern of Council of Europe (CoE) institutions.4 Despite this attention, in recent years the human rights
3 United Nations Committee Against Torture, ‘Concluding observations on the fourth periodic report of Azerbaijan,’ 2015 - http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT/C/AZE/CO/4&Lang=E n; ARTICLE 19 and Index on Censorship, ‘Baku 2015: Give Human Rights a Sporting Chance in Azerbaijan,’ June 2015 - http://azerbaijanfreexpression.org/wordpress/wp-content/uploads/2015/06/Media-pack-Final-June- 2015-UN.pdf; ARTICLE 19, ‘Azerbaijan: When the Truth becomes a Lie,’ September 2014 - https://www.article19.org/data/files/medialibrary/37715/Azerbaijan_Report_.pdf; IPGA, ‘Free Expression Under Attack: Azerbaijan’s Deteriorating Media Environment,’ September 2010 https://www.article19.org/data/files/pdfs/publications/free-expression-under-attack.pdf 4 Council of Europe – ‘Azerbaijan: Human rights review 2015,’ 15 December 2015, http://www.humanrightseurope.org/2015/12/azerbaijan-human-rights-review-2015/; Parliamentary Assembly of the Council of Europe (PACE), ‘The functioning of democratic institutions in Azerbaijan (Report, Doc. 13801)’ 05 June 2015 - http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?FileID=21802&lang=EN; PACE, ‘The functioning of democratic institutions in Azerbaijan (Report, Doc. 13084)’ 20 December 2012 - http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?FileID=19243&lang=EN; PACE, ‘The functioning of democratic institutions in Azerbaijan (Report, Doc. 12270)’ 31 May 2010 - http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?FileID=12457&lang=EN; PACE, ‘Honouring of obligations and commitments by Azerbaijan (Report, Doc. 11226)’ 03 March 2007 - http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?FileID=11649&lang=EN; PACE, ‘Political prisoners in Azerbaijan (Report, Doc. 10026)’ 12 January 2004 - http://assembly.coe.int/nw/xml/XRef/Xref- DocDetails-EN.asp?FileID=10392&lang=EN; PACE, ‘Honouring of obligations and commitments by Azerbaijan (Report, Doc. 9545)’ 18 September 2002 - http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails- EN.asp?FileID=9836&lang=EN; amongst others. situation has continued to severely decline as evidenced by the widespread detention of independent journalists and leading human rights defenders, along with the nearly complete shut-down of independent freedom of expression and media organisations. 5
6. The arrest, detention and sentencing of K. Ismayilova is emblematic of a systematic persecution of journalists and critical voices.6 Nine journalists are currently in prison on politically motivated charges in connection with freedom of expression:
Nijat Aliyev, Editor-in-Chief of azadxeber.az, who is serving a ten-year jail sentence handed down on 9 December 2013. He was convicted of drug possession, illegal distribution of religious literature, appealing for seizure of power by force and incitement to national, racial or religious hostility and hatred, and discrimination against citizens. Araz Guliyev, Editor-in-chief of Xeber44.com, was sentenced to an eight-year prison term on 5 April 2013 on a number of charges including illegal possession of firearms and organizing a public order disturbance. Xeber44.com is a Muslim news website which provides local and international news. It contains a number of critical articles of the Azerbaijani security forces and the state. Parviz Hashimli, Editor of news website Moderator and reporter for oppositional newspaper Bizim Yol, who was sentenced to an eight-year jail sentence on 15 May 2014 on charges of smuggling and illegal possession of firearms. Hashimli had written articles critical of President Aliyev ahead of the October 2013 presidential election. Seymur Haziyev, journalist and columnist for the opposition daily Azadliq and a news presenter for pro-opposition TV channel Azerbaijan Saati (Azerbaijan Hour), who was sentenced to a five-year prison term on 29 January 2015 on charges of hooliganism. Arshad Ibrahimov, Azadliq newspaper correspondent in Ganja, who was sentenced to 11 years in jail on charges of extortion in August 2014. Hilal Mammadov, Editor-in-chief a now-defunct minority newspaper Tolishi Sado and a consultant of the Institute for Peace and Democracy, is serving a five year prison term on 27 September 2013 on charges of drug possession, high treason and inciting ethnic hatred. Mammadov who focused on minority
5 See, inter alia, Institute for Reporters’ Freedom and Safety, ‘Azerbaijan in 2015: Silenced Voices’, http://media.wix.com/ugd/06f121_9ab5d677b3124ff3acbd8810cf4bdfc4.pdf
6 The Council of Europe Commissioner for Human Rights raised his concern about the implications of the sentencing in the context of increased repression of critical voices, “Khadija Ismayilova pays for her courageous work as investigative journalist in a country where critical voices are muzzled one after the other. This sentence strikes yet another blow to respect for human rights and adherence to democracy and the rule of law in Azerbaijan.” Statement of the CoE Commissioner for Human Rights from 1 September 2015; available at: http://www.coe.int/en/web/commissioner/-/osce-representative-and-council-of-europe-commissioner-for- human-rights-condemn-sentencing-of-journalist-khadija-ismayilova-in- azerbaijan?redirect=http://www.coe.int/en/web/commissioner/country-monitoring- azerbaijan?p_p_id=101_INSTANCE_RrDRPKESORE4&p_p_lifecycle=0&p_p_state=normal&p_p_mode=vie w&p_p_col_id=column-1&p_p_col_pos=1&p_p_col_count=2
rights, in particular Tolish rights, was a fierce critic of the government. In 2009, a previous editor-in-chief of Tolishi Sado, Novruzali Mammadov, died in Baku prison hospital while serving a ten-year sentence on politically motivated charges of high treason and incitement to ethnic hatred. Rauf Mirgadirov, political commentator and award-winning Ankara-based correspondent for two independent Azerbaijani newspapers, Ayna and Zerkalo, was sentenced to a six-year imprisonment on 28 December 2015 on charges of treason (espionage) for allegedly transferring classified information to Armenian intelligence between 2008 and 2009. The trial at the Baku Court of Grave Crimes was a closed hearing and his pre-trial detention was extended multiple times following his arrest on 19 April 2014. The context and timing of Mirgadirov's arrest suggest that the case against him was politically motivated and intended to punish him for his outspoken views and to send a chilling message to others that dissent will not be tolerated.7 Tofig Yagublu, a columnist with the opposition daily Yeni Musavat, is serving a five-year prison term after being convicted of organising mass riots on 17 March 2014. His appeal was dismissed in September 2014. In November 2015, the European Court found a violation of Yagublu’s Article 5 rights.
7. As well as nine journalists, there are also currently five bloggers and four human rights defenders in prison - many of whom were working on compiling a list of nearly 100 political prisoners at the time of their arrest and subsequent imprisonment (in 2014).8 Almost all are held on charges which the Interveners hold to have no basis in fact, brought for politically motivated reasons – such as drug and gun possession, treason, inciting hatred, hooliganism. Similarly all have spent long periods in pre-trial detention despite posing no immediate danger or flight risk.9 The timing of their arrests indicates an intention to deprive them of their rights – including to freedom of expression – at points when their viewpoints could prove damaging, such as ahead of international events hosted in the country or elections.
Failure of the Government of Azerbaijan to implement ECtHR judgments
8. The failure of the Azerbaijan Government to execute the judgments of the ECtHR, including those relating to Article 10, demonstrates the systemic failure of the
7 Human Rights Watch, ‘Turkey/Azerbaijan: Journalist Deported, Imprisoned,’ April 2014, https://www.hrw.org/news/2014/04/24/turkey/azerbaijan-journalist-deported-imprisoned
8 Sports for Rights, ‘No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term,’ October 2015 - http://www.mediasupport.org/wp-content/uploads/2015/10/sfr-no-holds-barred-hires-FINAL.pdf 9 The failings in the legal proceedings against of many of these individuals, including that of K.Ismayilova, were explored in the report by Freedom Now and Human Rights House Network, ‘Breaking point in Azerbaijan,’ May 2015, http://www.freedom-now.org/wp-content/uploads/2015/05/Breaking-Point-Azerbaijan1.pdf authorities to meet their international obligations relating to freedom of expression.10
9. In December 2015, the Council of Europe’s Secretary General, Thorbjørn Jagland, launched an investigation into Azerbaijan’s human rights compliance, under Article 52 of the European Convention on Human Rights, to review whether the Convention is being properly implemented in the country. Jagland stated at the time, “Judgments from the European Court of Human Rights have highlighted an arbitrary application of the law in Azerbaijan, notably in order to silence critical voices and limit freedom of speech.11
Reprisals against journalists and human rights defenders cooperating with the Council of Europe
10. Of particular concern is the imprisonment of journalists, human rights defenders and activists who engage with international monitoring mechanisms. Khadija Ismayilova, along with Intigam Aliyev, Emin Huseynov, Anar Mammadli and Rasul Jafarov are just some of the individuals who cooperated closely with CoE institutions.12
Restrictions on freedom of expression, freedom of the media and civil society in Azerbaijan
11. During his first two terms, after his election to the presidency in 2003 following the death of his father, President Heydar Aliyev, Ilham Aliyev established measures which increase state control over the media, bringing television, radio and print media under his administration.13 Furthermore, journalists have faced numerous legal challenges following amendments to legislation, notably to the Law on Media, the Law on the Right to Obtain Information, the Law on the State Registration of Legal Entities, and the Law on Commercial Secrets, all in 2012, as
10 E.g. Judgments in the cases of Mammadov v. Azerbaijan of May 2014, aplication no.I15172/13; Huseynov v. Azerbaijan, application no. 59135/09; Rizvanov v. Azerbaijan; Rizvanov v. Azerbaijan (no. 31805/06). 11 In December 2015, the Council of Europe’s Secretary General Thorbjørn Jagland launched an investigation into Azerbaijan’s human rights compliance, under Article 52 of the European Convention on Human Rights, to review whether the Convention is being properly implemented in the country. Jagland stated at the time “Judgments from the European Court of Human Rights have highlighted an arbitrary application of the law in Azerbaijan, notably in order to silence critical voices and limit freedom of speech. Council of Europe, ‘Council of Europe launches investigation into Azerbaijan’s human rights compliance,’ 16 December 2015, http://www.humanrightseurope.org/2015/12/council-of-europe-launches-investigation-into-azerbaijans-human- rights-compliance 12 In October 2014, the CoE Commissioner for Human Rights raised his concern about the use of reprisals by Azerbaijan, stating that “virtually all the civil society partners of my Office [are detained], which makes it increasingly difficult to work on human rights issues in Azerbaijan”; Statement of the CoE Commissioner for Human Rights from 24 October 2014; available at: http://www.coe.int/en/web/commissioner/-/azerbaijan-stop- reprisals-against-human-rights-defenders 13 Sports for Rights, ‘No Holds Barred…’ well as the selective use of criminal defamation provisions in Azerbaijani law to media outlets and individual journalists. This has created an increasingly difficult and stifled climate in which independent journalists in Azerbaijan are unable to function, made worse by numerous acts of violence against journalists, committed with impunity. The overall effect is a deeply chilling environment for the exercise of freedom of expression, and the associated rights of freedom of assembly and association.
12. As a result of the sharp crackdown on civil society by the Azerbaijan authorities since the start of President Aliyev’s third term in November 2013, many local Azerbaijani NGO partners of the Interveners no longer exist. As the politically motivated persecution of prominent individuals amongst the country’s civil society is a growing concern in Azerbaijan and abroad, the Court’s judgment in this case could have a substantial impact for future cases in countries subject to the Court’s jurisdiction.
13. A ‘revolving door’ cycle of arrests of journalists and other civil society figures has been a familiar pattern over the last decade.14 However this latest clampdown on journalists, the media and civil society can be understood as the most serious threat to freedom of expression in the country’s recent history. In the weeks after Khadija Ismayilova’s arrest, the studios of Radio Free Europe, the last independent broadcaster in Azerbaijan, and Ismayilova’s former employers, were raided and sealed. Officials in Baku justified the raid as a national security issue, with Siyavoush Novruzov, a high-ranking member of the ruling party, saying that it was necessary to close the bureau to prevent espionage, as “every place that works for foreign intelligence and the Armenian lobby should be raided.”15
14. At present, there is no local media freedom advocate to challenge these kinds of statements. Traditionally, interventions such as the current one have been provided by the Institute for Reporters’ Freedom and Safety (IRFS), a leading media freedom watchdog organisation in Azerbaijan. In August 2014, Emin Huseynov the Director of IRFS was forced into hiding, and subsequently fled the country. In June 2015, Azerbaijan authorities stripped Huseynov of his Azerbaijan nationality. In December 2015, Huseynov appealed at the European Court of Human Rights to rule that he has been wrongly stripped of his citizenship by
14 Some examples include: in 2009 writer and journalist Emin Milli (now director of Meydan TV), social media activist Adnan Hajizade, were imprisoned for 2.5 and and 2 years respectively for hooliganism in 2009; in November 2007, the editor-in-chief of opposition newspaper Azadliq, Ganimat Zahid, was arrested and sentenced to 4 years in prison in March 2008 for hooliganism. A similar charge was used in the case of Yeni Musavat columnist Mahal Ismayiloglu, who was convicted on 1 July 2009 and received a 2-year suspended sentence. In May 2007 journalists Rovshan Kebirli and Yashar Agazadeh of the Baku-based opposition newspaper Muhalifet were sentenced to 2.5 years in prison for defaming Jalal Aliyev, President Ilham Aliyev’s uncle and an MP, after accusing him of exploiting his family connections for his business activities. 15 RFE/RL, ‘RFE/RL Journalists Detained, Questioned By Azerbaijani Authorities,’ 28 December 2014 - http://www.rferl.org/content/azerbaijan-rferl-bureau-raid-questioning-prosecutor-ismayilova- yunus/26765916.html Azerbaijan’s increasingly repressive government. In his court application, Huseynov asserts that the deprivation of his citizenship violated Article 3 of the European Convention on Human Rights (inhuman or degrading treatment) as well as Article 8 (respect for private life), Article 10 (freedom of expression) and Article 13 (lack of an effective remedy). Other IFRS staff have also been subject to tremendous pressure. In the summer of 2015 journalist and IRFS Chairman, Rasim Aliyev, was murdered, dying in hospital on 9 August having been severely beaten the day before. Aside from Aliyev, during Ilham Aliyev’s presidency, three other journalists have been murdered and one has died in state custody in Azerbaijan.16 No one has been brought to justice in relation to these cases, and violence against journalists continues to be perpetrated with impunity.
International Framework for the Protection of Journalists
15. The ECtHR emphasizes the important work of journalists and the special protection they must be afforded. While Article 10 of the ECHR does not distinguish between ordinary citizens and journalists, the jurisprudence of the ECtHR provides enhanced protection for journalistic activities.
16. The ECtHR held in Cumpana and Mazare v. Romania that governments that seek to imprison individuals in order to limit their ability to exercise their right to a free press will be “particularly hard to justify” and in the context of public debate will require “exceptional circumstances” that threaten to seriously impair other fundamental rights.17 The ECtHR has also noted that prison sentences for individuals engaging in such activities, by their very nature, create a chilling effect on the exercise of journalistic freedom.18 This special protection is afforded to members of the press because of its preeminent role as a purveyor of information and as a political watchdog.19 In Fatullayev v. Azerbaijan, the court held that the role of a political watch dog included the right to seek historical truth, even if
16 They are: Rafig Tagi (stabbed and died later in hospital in November 2011); Novruzali Mammadov (died in a Baku prison hospital in August 2009 while serving a 10 year jail term on politically motivated charge); Alim Kazimli (died in June 2005 from a brain haemorrhage that developed as a result of being beating in a Baku police station in December 2004); Elmar Huseynov, editor of independent newspaper Monitor (murdered in March 2005). 17 Cumpana and Mazare v. Romania, Application No. 33348/96, Council of Europe: European Court of Human Rights (17 Dec. 2004). 18 Mahmudov and Agazade v. Azerbaijan, Application No. 35877/04, Council of Europe: European Court of Human Rights (18 Dec. 2009). 19 Barthold v. Germany, Application No. 8734/79, Council of Europe: European Court of Human Rights (25 Mar. 1985) at ¶ 58. Also, the ECtHR argued that freedom of the press affords the public one of the best means of discovering and forming an opinion of the ideas and attitudes of political leaders which encourages political debate—a core concept of a democratic society. See Castells v. Spain, Application No. 11798/85, Council of Europe: European Court of Human Rights (23 Apr. 1992) at ¶ 43. However, the Court did not limit the scope of article 10 so as to encompass only political debate observing that “there is no warrant in its case-law for distinguishing … between political discussion and discussion of other matters of public concern.” Thorgeir Thorgeirson v. Iceland, Application No. 13778/88, Council of Europe: European Court of Human Rights (25 June 1992) at ¶ 64. highly critical of the government, and to express critical opinions of the government’s current activity.20
17. The UN Human Rights Committee (“Committee”), the body tasked with interpreting the International Covenant on Civil and Political Rights (“ICCPR”), has similarly emphasized the important work of journalists and the special protection they must be afforded. The Committee has recognized that Article 19 specifically protects the work of journalists21 and has highlighted the “paramount importance” of a “free and uncensored press,”22 which is especially acute in relation to political reporting.23 Such importance is placed on the work of journalists because “a free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society.”24 Therefore, States should “take particular care to encourage an independent and diverse media”25 and impeding the work of or “the penalization of a media outlet, publishers or journalist solely for being critical of the government or the political social system espoused by the government can never be considered to be a necessary restriction of freedom of expression.”26
20 Fatullayev v. Azerbaijan, Application No. 40984/07, Council of Europe: European Court of Human Rights (10 Apr. 2010). 21 Movlonov et. al. v. Uzbekistan, UN Human Rights Committee, Communication No. 1334/2004, U.N. Doc. CCPR/C/95/D/1334/2004 (adopted 19 Mar. 2009). 22 Rafael Marques de Morais v. Angola, UN Human Rights Committee, Communication No. 1128/2002, U.N. Doc. CCPR/C/83/D/1128/2002 (adopted 18 Apr. 2005). 23 Generally, ”any restriction to the right to freedom of expression must satisfy the three-part test stipulated in article 19, paragraph 3, of the Covenant: (i) the restriction imposed must be provided by law, which is clear and accessible to everyone; (ii) it must be proven as necessary and legitimate to protect the rights or reputation of others; national security or public order, public health or morals; and (iii) it must be proven as the least restrictive and proportionate means to achieve the purported aim.” See UN General Assembly, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, A/HRC/20/17, 4 June 2012, at ¶ 81, available at: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-17_en.pdf [hereinafter Report of the Special Rapporteur]. 24 UN Human Rights Committee, General Comment no. 34, Article 19, Freedoms of opinion and expression, CCPR/C/GC/34, 12 Sept. 2011, at ¶ 13, available at: http://bangkok.ohchr.org/programme/documents/general- comment-34.aspx. 25 Id. at. ¶ 14. ”Ensuring that journalists can effectively carry out their work means not only preventing attacks against journalists and prosecuting those responsible, but also creating an environment where independent, free and pluralistic media can flourish and journalists are not placed at risk of imprisonment.” See Report of the Special Rapporteur, supra note 22, at 78. 26 Id. at ¶ 42. Any restriction on the right to freedom of expression must be: provided for by law, serve the aim enumerated in article 19, and be necessary to achieve this purpose. This last element implies an element of proportionality—the restriction imposed on freedom of expression must be proportional to the value which the restriction serves to protect. Given the importance of a free and uncensored press, the imprisonment of a journalist cannot be considered as a proportionate measure to protect public order or the reputation of a public figure who, as such, is subject to criticism and opposition. See generally Rafael Marques de Morais v. Angola, UN Human Rights Committee, Communication No. 1128/2002, U.N. Doc. CCPR/C/83/D/1128/2002 (adopted 18 Apr. 2005). ”Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such ’judicial harassment’ generates a climate of fear and a ’chilling effect’ which encourages self censorship.” See Report of the Special Rapporteur, supra note 22, at 53. 18. The UN Working Group on Arbitrary Detention (“Working Group”) has also emphasized the importance of protecting the work of journalists and their role as human rights defenders,27 and has reviewed such cases with heightened scrutiny.28 In Hai et al. v. Vietnam, the Working Group noted that when journalists report on government corruption, their activities “fall squarely within the scope of the right to freedom of opinion and expression.”29 Overall, the Working Group has recognized the necessity to “subject interventions against individuals who may qualify as human rights defenders to particularly intense review.”30 This “heightened standard of review” by international bodies is especially appropriate where there is a “pattern of harassment” by national authorities targeting such individuals, as exists in Azerbaijan.31
CONCLUSION
19. Journalists in Azerbaijan are operating in an environment of increasingly severe repression. The arrest, pre-trial detention and sentencing of K. Ismayilova to 7.5 years in prison is symptomatic of a widespread pattern of abuse to silence critical voices.
20. These actions by the Azerbaijani authorities stand in clear opposition to Article 10 of the Convention. The Court has denounced these actions in a number of judgments which the Azerbaijani authorities have largely failed to implement. Rather, the Azerbaijani authorities have continued these repressive activities unabated; targeting journalists including K. Ismayilova. The ongoing crackdown demonstrates the impunity with which the Azerbaijani government operates and its lack of respect towards its international obligations. Moreover, such a practice contravenes the special regime of protection afforded to journalists developed by a number of international organisations as outlined above.
21. As a result, the Interveners submit this case presents the Court with an important opportunity to clarify that Azerbaijan’s current conduct towards journalists, including the applicant in this case, is incompatible with its obligation to uphold Article 10 of the Convention.
27 For example, reporting on human rights violations. 28 Saodov v. Uzbekistan, UN Working Group on Arbitrary Detention, Opinion No.67/2012 (12 Apr. 2012). 29 Ngueyn Hoang Hai et al. v. Viet Nam, UN Working Group on Arbitrary Detention, Opinion No. 1/2009 (14 Oct. 2009) at ¶ 34. 30Nega v. Ethiopia, UN Working Group on Arbitrary Detention, Opinion No.62/2012 (21 Nov.2012) at ¶ 39; Sotoudeh v. Islamic Republic of Iran, UN Working Group on Arbitrary Detention, Opinion No. 21/2011 (27 Jan. 2011) at ¶ 29. 31Bialiatski v. Belarus, UN Working Group on Arbitrary Detention, Opinion No. 39/2012 (23 Nov. 2012) at ¶ 45. Given the applicant’s investigative journalism exposing corruption in the government and human rights violations, her arrest and conviction is consistent with the Azerbaihani government’s documented pattern and practice of retaliation against human rights activists and independent journalists based on fabricated criminal cases. 22. On behalf of ARTICLE 19: Global campaign for Free Expression (Article 19), PEN International, International Media Support (IMS), the International Partnership for Human Rights (IPHR) and the Committee to Protect Journalists (CPJ),
Thomas Hughes Carles Torner Executive Director Executive Director ARTICLE 19 PEN International
Jesper Højberg Brigitte Dufour Executive Director Executive Director International Media Support International Partnership for Human Rights
Nina Ognianova, Europe and Central Asia Program Coordinator Committee to Protect Journalists