dinsdag 6 november 2007
ARIFOGLU SENDS COMPLAINT TO BAKU CITY POLICE CHIEF ABOUT JOURNALISTS' DISPERSED PICKET
On Thursday, following the journalists' picket that was dispersed by police, Editors Union member, Yeni Musavat Chief Editor Rauf Arifoglu sent a complaint to Baku City Police Chief Meharram Aliyev. In the complaint Arifoglu stated that police "rudely" dispersed the journalists' protest, which Arifoglu noted was about to end anyway. Arifoglu claimed police used violence, despite the fact that the journalists were willing to peacefully leave on their own will, and noted that a policeman stole 21 AZN (about $25) from the pocket of a Yeni Musavat Newspaper correspondent. In conclusion, Arifoglu wrote that while one can understand why police would want to disperse an unsanctioned protest, the use of force, ripping of journalists' clothing and stealing of money from a journalist's pocket is not understandable. "These actions are a stain on the entire police force," wrote Arifoglu. "We will take relevant measures against the police that used force against us."
DECLARATION BY TOFIG HUSEYNOV, THE FATHER OF JOURNALIST MUSHFIG HUSEYNOV WHO WAS ARRESTED ON JULY 24, 2007
Our family appealed to press and human rights organizations after Mushfig Huseynov was arrested, and the fabricated video material full of slander (the preparation of which was ordered by the investigation) was aired on TV channels. In this appeal we didn’t ask those organizations to defend M.Huseynov but to help in finding ways to conduct the investigation fairly. We were and still are confident that M.Huseynov couldn’t have received bribe. This was a faked arrangement. The extension of his pre-trial detention for three more months is the clear evidence of this. And I need to mention that neither Mushfig nor his lawyers participated in this trial. The question is; If M.Huseynov in fact received bribe and if they have a full videotape why couldn’t they prove this in a three months period?
On June 14, 2007 Mushfig had given information in “Bizim Yol” newspaper which sheds light on his groundless arrest. This information was printed in the newspaper by the Information Department under the title “Provocation against “Bizim Yol” Revealed.” Here Mushfig talks about provocative plans to arrest him arranged by Fuzuli Alakbarov, the Minister of Labor and Social Security Ministry. But instead of investigating this case it is claimed that Mushfig had requested bribe for not publishing disgraceful information about the ministry. Weren’t those series of articles disgraceful published in the newspaper? What kind of disgraceful material and facts could there be more than given in those articles? How could Mushfig demand bribe for the articles already published in the newsletter?
We appealed several times to see Mushfig. But they artificially delayed the process by sending answers to our letters either to the Ministry of Justice or to procurator’s office in the region. Only once I got an answer from the investigator that it was acceptable for me to meet my son on this stage of the investigation. I live in the region. I am an old man and have health problems. Despite this I quickly came to Baku to meet my son. But the investigator ridiculed me by keeping me outside for two days and by denying me the meeting at the end. I don’t understand how my meeting with my son can interfere with the investigation. I want to see him with my very own eyes. But trying to pressure on Mushfig and on our family they deny us the basic things like meeting him.
The hostile position of the investigation side in M.Huseynov’s case is evident in every step. A computer that doesn’t belong to M.Huseynov has been taken from where he was living temporarily as a result of an unlawful search without court order and still hasn’t been returned. However the reason why they have been keeping the computer there is not clear to us
“Human Rights Watch” named Mushfig as the eighth arrested journalist in Azerbaijan in its letter to EBRD expressing that Mushfig could have been entrapped as part of a government smear campaign against independent and opposition press.
But it is disappointing that some journalists and human rights activists display vague and unclear position. Some of them say that if Mushfig is proven guilty they will treat him adequately. Logically we should consider Mirza Sakit (journalist of “Azadliq”) a “drug addict” and Eynulla (chief editor of “Realniy Azerbaijan” and “Gundelik Azerbaijan”) a “terrorist.” We know how courts in this country make decisions and sentence people after all. The court that chose three months pre-trial sentences without any evidence two times for Mushfig “can also prove his bribe taking.”
Some others say that there’s no need to defend Mushfig. Again, I ask you to defend not Mushfig but justice and freedom of speech. The investigation hasn’t been allowing Mushfig to express his opinion on this case. Only during his first trial he could mention that his arrest had been ordered by Minister Fuzuli Alakbarov. I regret that this person’s order hinders the courts that are called “Justice Courts” from making right decisions.
Some human rights activists speak like government officials and declare that Mushfig’s guilt has almost been proved. I think it would be wise for those people to respect the name Rights Activist and wait till the court process is over.
But I have to admit that there are quite a lot of people that hold very objective and unbiased positions on this case. I want to express my biggest gratitude to those on behalf of my family.
We consider the three months pre-trial delay for M.Huseynov as unlawful, and estimate that this is an effort to fulfill Fuzuli Alakbarov’s order no matter what.
I want to appeal to journalists and human rights activists one more time on behalf of my family; we are strongly confident that M.Huseynov has never received a bribe. But we call on you to only objectively and impartially make observations on the investigation and upcoming court process, and help in restoring the truth and justice in this matter.
Our prophet said that “The ink of the pen that writes the truth is equal to the blood of martyr.” I call the journalists to write the truth only, and not to be the tool in the hand of slander.
Sincerely,
Tofig Huseynov
October 24, 2007
On June 14, 2007 Mushfig had given information in “Bizim Yol” newspaper which sheds light on his groundless arrest. This information was printed in the newspaper by the Information Department under the title “Provocation against “Bizim Yol” Revealed.” Here Mushfig talks about provocative plans to arrest him arranged by Fuzuli Alakbarov, the Minister of Labor and Social Security Ministry. But instead of investigating this case it is claimed that Mushfig had requested bribe for not publishing disgraceful information about the ministry. Weren’t those series of articles disgraceful published in the newspaper? What kind of disgraceful material and facts could there be more than given in those articles? How could Mushfig demand bribe for the articles already published in the newsletter?
We appealed several times to see Mushfig. But they artificially delayed the process by sending answers to our letters either to the Ministry of Justice or to procurator’s office in the region. Only once I got an answer from the investigator that it was acceptable for me to meet my son on this stage of the investigation. I live in the region. I am an old man and have health problems. Despite this I quickly came to Baku to meet my son. But the investigator ridiculed me by keeping me outside for two days and by denying me the meeting at the end. I don’t understand how my meeting with my son can interfere with the investigation. I want to see him with my very own eyes. But trying to pressure on Mushfig and on our family they deny us the basic things like meeting him.
The hostile position of the investigation side in M.Huseynov’s case is evident in every step. A computer that doesn’t belong to M.Huseynov has been taken from where he was living temporarily as a result of an unlawful search without court order and still hasn’t been returned. However the reason why they have been keeping the computer there is not clear to us
“Human Rights Watch” named Mushfig as the eighth arrested journalist in Azerbaijan in its letter to EBRD expressing that Mushfig could have been entrapped as part of a government smear campaign against independent and opposition press.
But it is disappointing that some journalists and human rights activists display vague and unclear position. Some of them say that if Mushfig is proven guilty they will treat him adequately. Logically we should consider Mirza Sakit (journalist of “Azadliq”) a “drug addict” and Eynulla (chief editor of “Realniy Azerbaijan” and “Gundelik Azerbaijan”) a “terrorist.” We know how courts in this country make decisions and sentence people after all. The court that chose three months pre-trial sentences without any evidence two times for Mushfig “can also prove his bribe taking.”
Some others say that there’s no need to defend Mushfig. Again, I ask you to defend not Mushfig but justice and freedom of speech. The investigation hasn’t been allowing Mushfig to express his opinion on this case. Only during his first trial he could mention that his arrest had been ordered by Minister Fuzuli Alakbarov. I regret that this person’s order hinders the courts that are called “Justice Courts” from making right decisions.
Some human rights activists speak like government officials and declare that Mushfig’s guilt has almost been proved. I think it would be wise for those people to respect the name Rights Activist and wait till the court process is over.
But I have to admit that there are quite a lot of people that hold very objective and unbiased positions on this case. I want to express my biggest gratitude to those on behalf of my family.
We consider the three months pre-trial delay for M.Huseynov as unlawful, and estimate that this is an effort to fulfill Fuzuli Alakbarov’s order no matter what.
I want to appeal to journalists and human rights activists one more time on behalf of my family; we are strongly confident that M.Huseynov has never received a bribe. But we call on you to only objectively and impartially make observations on the investigation and upcoming court process, and help in restoring the truth and justice in this matter.
Our prophet said that “The ink of the pen that writes the truth is equal to the blood of martyr.” I call the journalists to write the truth only, and not to be the tool in the hand of slander.
Sincerely,
Tofig Huseynov
October 24, 2007
CHIEF EDITOR WILL APPEAL TO STATE STRUCTURES
Today “Kriminal Alem” Newspaper Chief Editor Mehrali Isganderov conducted a press conference in the Institute for Reporters’ Freedom and Safety’s office. During the press conference, the chief editor spoke about the court trial on the basis of lawsuit filed by Public TV Khanlar regional correspondent Amina Rahimova against him. Isganderov said that Judge Tahir Ismayilov is displaying a bias in the trial against him. He noted that in the court trial, which has been continuing since June, not one single time has any of Isganderov’s nine witnesses been called to the court to testify. Isganderov added that Rahimova filed a lawsuit against him in connection with an article that ran on 18 April 2007, he however receive treatment in Hospital #1 from 17 April to 23 April 2007. Isganderov has introduced documents from the hospital to the court confirming the he was receiving treatment in the hospital during their period. During this time Isganderov had asked “Muhakima” Newspaper chief editor Shamsy Mirzayev to oversee the operations of “Krimial Alem.” In fact on 19 April Mirzayev even visited Isganderov in the hospital, however to this day Mirzayev has not been called to the court one single time. According Isganderov, Mirzayev and Judge Ismayilov are from the same region.
Isganderov said in today’s press conference that the court is biased against him due to an article that the newspaper published an illegalities within the State Registry Department of the Absheron Region. In article it was alleged that when residents of Mehdiabad settlement want to sell their land or houses, this department takes large bribes to provide the documents. Isganderov said that the newspaper reported on this and also appealed to the Presidential Administration and National Security Ministry about this. This apparently angered State Registry Department head Arif Garashov, thus Isganderov concludes that the current lawsuit is being carried out at the order of Arif Garashov. A. Garashov is also from the same region as Judge Ismayilov.
In closing the press conference, Isganderov said that he will appeal to the President, Milli Mejlis, Ministry of National Security, Prosecutor General, and local and international right organizations operating in Azerbaijan.
Isganderov said in today’s press conference that the court is biased against him due to an article that the newspaper published an illegalities within the State Registry Department of the Absheron Region. In article it was alleged that when residents of Mehdiabad settlement want to sell their land or houses, this department takes large bribes to provide the documents. Isganderov said that the newspaper reported on this and also appealed to the Presidential Administration and National Security Ministry about this. This apparently angered State Registry Department head Arif Garashov, thus Isganderov concludes that the current lawsuit is being carried out at the order of Arif Garashov. A. Garashov is also from the same region as Judge Ismayilov.
In closing the press conference, Isganderov said that he will appeal to the President, Milli Mejlis, Ministry of National Security, Prosecutor General, and local and international right organizations operating in Azerbaijan.
EYNULLA FATULLAYEV ASKS THAT PRESIDENTIAL ADMINISTRATION SOCIO-POLITICAL DEPARTMENT HEAD BE CALLED TO COURT
Today in the Grave Crimes Court, under the chairmanship of Judge Mehdi Asadov, the trial for “Gundalik Azerbayjan” and “Realny Azerbayjan” newspapers’ founder and chief editor Eynulla Fatullayev continued.
During the hearing, Fatullayev’s lawyer Isakhan Ashurov told that court that he protests against the expert assessment of the article “Aliyevs are Going to War,” which was conducted by Azerbaijan’s Academy of Science. Ashurov emphasized the importance of conducting an expert political and linguistic examination not in Azerbaijan, but in Russia.
After this Eynulla Fatullayev said that the footage of a conversation between him and Professor Aydin Hajiyev, which was used against the chief editor during the investigation, was a montage. According to Fatullayev, Hajiyev was sent to speak to him by National Security Ministry Administration head Farhad Vahabov. Hajiyev himself told this to Fatullayev. Fatullayev also said that the National Security Ministry called for the chief editor to stop writing against the government. In the event that this does not occur, Fatullayev was told that the same fate as Huseyn Abdullayev awaits him. (Abudllayev was a Milli Mejlis deputy who was accused of fighting with another deputy in the Milli Mejlis. After this he was arrested, all his businesses were taken from him and he was deprived of his deputy mandate. He is currently in Europe.) In connection with this, Ashurov petitioned for Hajiyev to come to court as a witness and for the video montage to be introduced to the court. State Prosecutor Chingiz Shukurov however told the court that the footage of the conversation with Fatullayev was not a montage; therefore Ashurov’s petition should not be fulfilled.
After this, Fatullayev introduced a petition for Presidential Administration Socio-Political department head Ali Hasanov to be called to court as a witness. Fatuallyev said that Hasanov gave interview in which he claimed that it was necessary to arrest staff members from Fatullayev’s newspapers and other newspapers. One week after this, Fatuallyev was arrested.
Fatuallyev also introduced a petition for Shahbaz Khudoglu, “Gundalik Azerbayjan” newspaper staff member Natig Javadli, and Ali Abbasov, chief editor of the journal “Azerbayjan ve Mir,” which was located in the same building as Fatullayev’s newspaper, to testify. All of these people were interrogated in the National Security Ministry.
The court board then announced a brief break to discuss all of the petitions. Returning from the recess, Judge Asadov announced that the court decided to only fulfill the petition calling for Aydin Hajiyev to be called to the court as a witness.
Then the process of listening to witnesses continued. BP Company representative Ilgar Nuruzade, Mortgage Fund representative Murad Heydarov, and two brothers, Shahriyar and Intigam Alsanov, who sell newspapers, testified. Heydarov and Nuruzade gave the same testimony. They said that they received in their email inboxes an article about targets of Iran in Azerbaijan in the event of a war between the U.S. and Iran. Nuruzade said he was alarmed to find the BP-Azerbaijan company among the targets, and thus appealed to the National Security Ministry. Heydarov testified that although the Mortgage Fund was not a target named in the article, the majority of his relatives work at places listed in the article, thus he also appealed to the National Security Ministry.
The Aslanov brothers were asked about how they kept track of the sale of Fatuallyev’s newspapers. They said they kept records in a regular old notebook.
The next hearing on this case will take place on 26 October 2007 at 10 a.m.
During the hearing, Fatullayev’s lawyer Isakhan Ashurov told that court that he protests against the expert assessment of the article “Aliyevs are Going to War,” which was conducted by Azerbaijan’s Academy of Science. Ashurov emphasized the importance of conducting an expert political and linguistic examination not in Azerbaijan, but in Russia.
After this Eynulla Fatullayev said that the footage of a conversation between him and Professor Aydin Hajiyev, which was used against the chief editor during the investigation, was a montage. According to Fatullayev, Hajiyev was sent to speak to him by National Security Ministry Administration head Farhad Vahabov. Hajiyev himself told this to Fatullayev. Fatullayev also said that the National Security Ministry called for the chief editor to stop writing against the government. In the event that this does not occur, Fatullayev was told that the same fate as Huseyn Abdullayev awaits him. (Abudllayev was a Milli Mejlis deputy who was accused of fighting with another deputy in the Milli Mejlis. After this he was arrested, all his businesses were taken from him and he was deprived of his deputy mandate. He is currently in Europe.) In connection with this, Ashurov petitioned for Hajiyev to come to court as a witness and for the video montage to be introduced to the court. State Prosecutor Chingiz Shukurov however told the court that the footage of the conversation with Fatullayev was not a montage; therefore Ashurov’s petition should not be fulfilled.
After this, Fatullayev introduced a petition for Presidential Administration Socio-Political department head Ali Hasanov to be called to court as a witness. Fatuallyev said that Hasanov gave interview in which he claimed that it was necessary to arrest staff members from Fatullayev’s newspapers and other newspapers. One week after this, Fatuallyev was arrested.
Fatuallyev also introduced a petition for Shahbaz Khudoglu, “Gundalik Azerbayjan” newspaper staff member Natig Javadli, and Ali Abbasov, chief editor of the journal “Azerbayjan ve Mir,” which was located in the same building as Fatullayev’s newspaper, to testify. All of these people were interrogated in the National Security Ministry.
The court board then announced a brief break to discuss all of the petitions. Returning from the recess, Judge Asadov announced that the court decided to only fulfill the petition calling for Aydin Hajiyev to be called to the court as a witness.
Then the process of listening to witnesses continued. BP Company representative Ilgar Nuruzade, Mortgage Fund representative Murad Heydarov, and two brothers, Shahriyar and Intigam Alsanov, who sell newspapers, testified. Heydarov and Nuruzade gave the same testimony. They said that they received in their email inboxes an article about targets of Iran in Azerbaijan in the event of a war between the U.S. and Iran. Nuruzade said he was alarmed to find the BP-Azerbaijan company among the targets, and thus appealed to the National Security Ministry. Heydarov testified that although the Mortgage Fund was not a target named in the article, the majority of his relatives work at places listed in the article, thus he also appealed to the National Security Ministry.
The Aslanov brothers were asked about how they kept track of the sale of Fatuallyev’s newspapers. They said they kept records in a regular old notebook.
The next hearing on this case will take place on 26 October 2007 at 10 a.m.
ANOTHER HEARING CONDUCTED FOR “AZADLIG” NEWSPAPER
5 October 2007
Baku, Azerbaijan
Today in the Baku Appellate Court, under the chairmanship of Judge Tafig Samadov, a hearing on the complaint filed by “Azadlig” Newspaper against a decision adopted by the Yasamal District Court was conducted. The Yasamal Court formerly adopted a decision that the newspaper apologize and pay a fine in compensation for moral damages. “Azadlig” Newspaper’s lawyer Elchin Sadigli told the court that the information reported in “Azadlig” Newspaper is all true. At the same time, the Defense Ministry’s representative said that the fine “Azadlig” pays should be based on the circulation of its newspaper on the day that the allegedly libelous article was published. Due to limited time on the part of the judge, the hearing was cut short today, and will continue on 7 November 2007 at 3 p.m.
Recall the Defense Ministry filed a lawsuit on 16 February 2007 against “Azadlig” Newspaper due to the article “The Defense Ministry’s Cheap Meat Mystery,” which was published by “Azadlig” Newspaper on 14 February 2007. In the lawsuit, the plaintiff sought the publication of a refutation, and the institution of a 150,000 AZN fine against “Azadlig” for moral damages. The Yasamal Court fulfilled this decision, which led to “Azadlig” Newspaper’s complaint to the appellate court. EYNULLA FATULLAYEV ASKS THAT PRESIDENTIAL ADMINISTRATION SOCIO-POLITICAL DEPARTMENT HEAD BE CALLED TO COURT
Baku, Azerbaijan
Today in the Baku Appellate Court, under the chairmanship of Judge Tafig Samadov, a hearing on the complaint filed by “Azadlig” Newspaper against a decision adopted by the Yasamal District Court was conducted. The Yasamal Court formerly adopted a decision that the newspaper apologize and pay a fine in compensation for moral damages. “Azadlig” Newspaper’s lawyer Elchin Sadigli told the court that the information reported in “Azadlig” Newspaper is all true. At the same time, the Defense Ministry’s representative said that the fine “Azadlig” pays should be based on the circulation of its newspaper on the day that the allegedly libelous article was published. Due to limited time on the part of the judge, the hearing was cut short today, and will continue on 7 November 2007 at 3 p.m.
Recall the Defense Ministry filed a lawsuit on 16 February 2007 against “Azadlig” Newspaper due to the article “The Defense Ministry’s Cheap Meat Mystery,” which was published by “Azadlig” Newspaper on 14 February 2007. In the lawsuit, the plaintiff sought the publication of a refutation, and the institution of a 150,000 AZN fine against “Azadlig” for moral damages. The Yasamal Court fulfilled this decision, which led to “Azadlig” Newspaper’s complaint to the appellate court. EYNULLA FATULLAYEV ASKS THAT PRESIDENTIAL ADMINISTRATION SOCIO-POLITICAL DEPARTMENT HEAD BE CALLED TO COURT
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