We very much hoped that the journalists would be pardoned for Azerbaijan’s National Press Day on July 22. I understand that only you have the authority to pardon convicts and that your absence at the time stood in the way of releasing the imprisoned journalists. Now that you have returned, I would like to take this opportunity to respectfully urge you to use your authority to take the magnanimous step of ending the imprisonment of all seven journalists.
The main purpose of my trip to Baku was to highlight Azerbaijan’s commitments to media freedom and, in light of those commitments, urge the release of seven journalists imprisoned on libel and other criminal charges. Aside from Russia, Azerbaijan is the only Council of Europe member state that currently imprisons journalists using criminal libel laws; almost all others refrain from doing so because it contravenes the right to freedom of the press and freedom of expression guaranteed under the European Convention on Human Rights. Some Council of Europe states apply criminal libel charges but do not sentence offenders to prison because of the requirements of the European Convention; other European states have criminal libel laws but do not use them at all, for the same reason.
We very much hoped that the journalists would be pardoned for Azerbaijan’s National Press Day on July 22. I understand that only you have the authority to pardon convicts and that your absence at the time stood in the way of releasing the imprisoned journalists. Now that you have returned, I would like to take this opportunity to respectfully urge you to use your authority to take the magnanimous step of ending the imprisonment of all seven journalists. This will be viewed as an important manifestation of Azerbaijan’s commitment to fully implement its human rights obligations. Along the same lines, I hope that your government will take the high road and announce a moratorium on any further criminal prosecution of journalists.
Our discussions with government ministers focused on a number of other measures that the Azerbaijani leadership should take to improve media freedoms in the country, including establishing a monetary cap on civil libel damages, ensuring prompt investigations into any violence or threats of violence against journalists, and ensuring the independence of the National Television and Radio Broadcast Council through diverse membership.
I also had the opportunity to share with officials in your government information about security officials’ use of torture and excessive force that Human Rights Watch has documented over the years. Your government has undertaken impressive efforts to train police staff on human rights norms. This kind of training is an important preventive measure but can be undermined by the failure to prosecute abusive officers. In our discussions with the minister of interior and the prosecutor general, we emphasized that the best way to send a signal of zero tolerance toward torture and the excessive use of force by law enforcement officials is to ensure that all such abusive officials are prosecuted.
Thank you for taking into consideration our concerns. I very much look forward to Human Rights Watch’s continuing dialogue with you and your government.
Sincerely,
Kenneth Roth
Executive Director
Copy to: H.E. Yashar Aliyev, Ambassador of Azerbaijan to the United States
