The Observatory has been informed about the arbitrary arrest and detention of journalist Ms Elnara Gasimova, affiliated with Abzas Media, an independent online media outlet dedicated to investigating and exposing high-level corruption in Azerbaijan.
On January 15, 2024, Elnara Gasimova
was arbitrarily arrested at the Baku City Main Police Department, where
she had been summoned by the police as a witness in the criminal case
instigated against her colleagues from Abzas Media, and charged
with “conspiring to bring money into the country unlawfully” under
Article 206.3.2 of the Azerbaijani Criminal Code. On the same day, the
Khatai District Court in Baku ordered her pre-trial detention for a
period of two months and 17 days. If found guilty, she could face up to
eight years of imprisonment.
Ms Gasimova’s detention is part of a larger crackdown on Abzas Media, which has already resulted in the detention of five other journalists, including the director of the media Mr Ulvi Hasanli, its editor in chief Ms Sevinc Vagifgizi, its deputy director and disability rights defender Mr Mahammad Kekalov, journalist Ms Nargiz Absalamova and journalist and financial editor at Turan news agency Mr Hafiz Babali.
The six journalists are currently detained at the Baku Detention Centre
No. 1, where their detention conditions are of serious concern as they
are denied communication with their family members and lawyers.
On November 20, 2023, Ulvi Hasanli
was arrested by the police on the charge “conspiring to bring money into
the country unlawfully” under Article 206.3.2 of the Azerbaijani
Criminal Code while he was on his way to Baku airport. The police then
conducted a search of both his apartment and Abzas Media's
premises where they discovered 40.000 Euros in cash. The media outlet's
editorial team, including Sevinc Vagifgizi, stated that they suspect
this money might have been planted to provide a legal pretext for
terminating the media's operations and pressing charges against its
employees, as a result of the corruption investigations involving state
authorities published by Abzas Media. Ulvi Hasanli reported having been subjected to physical abuse
amounting to ill-treatment, including punches and kicks, during his
arrest and subsequent interrogation at the Baku City Police Department.
The following day, on November 21,
2023, Sevinc Vagifgizi, was detained by the police upon her return to
Baku from Europe, with a subsequent search conducted at her residence.
On the same day, the Khatai District Court in Baku issued a four-month
pre-trial detention order for Ulvi Hasanli and Sevinc Vagifgizi. Accused
of “conspiring to bring money into the country unlawfully” under
Article 206.3.2 of the Azerbaijani Criminal Code, the journalists could
face up to eight years in prison if found guilty. During the raid of
Ulvi Hasanli's apartment, authorities seized various items including a
computer, a cell phone, an iWatch, and a hard disk. Additionally, a
microphone and a hard disk were confiscated from Abzas Media's offices.
On November 21, 2023, Mahammad
Kekalov was abducted from his residence in Baku by unidentified
individuals in plainclothes who also confiscated his laptop and cell
phone. On November 25, 2023, the head of the press service of the
Ministry of Internal Affairs disclosed that he was arrested in relation
to the Abzas Media case and had been placed in pre-trial detention, facing the same charges as Ulvi Hasanli and Sevinc Vagifgiki.
On November 30, 2023, Nargiz
Absalamova was arrested in Baku, shortly after presenting herself to the
police for questioning in relation to the Abzas Media case and
was in turn charged with “conspiring to bring money into the country
unlawfully” under Article 206.3.2 of the Azerbaijani Criminal Code. The
Khatai District Court in Baku subsequently issued a pre-trial detention
order against her on December 1, 2023.
On December 13, 2023, Hafiz Babali
was arrested by the Baku police, who subsequently escorted him to his
residence in Sumgayit to carry out a search. During the operation,
officers seized the journalist's computer, cell phone, and documents,
before transporting him to the Baku police department. Hafiz Babali
collaborates with Abzas Media where he published his research, including an anti-corruption investigation
implicating the head of Azerbaijan’s State Security Service. It was
later confirmed by a spokesperson from the government that Hafiz
Babali's arrest and pre-trial detention was linked to ongoing criminal
investigations against Abzas Media, refraining from specifying
the charges against him. On November 28, 2023, investigators had already
interrogated Hafiz Babali and placed a freeze on his bank accounts.
The Observatory notes with concerns
that the arbitrary detention of the six above-mentioned journalists
poses a direct threat to the essential role that independent media plays
in exposing corruption at the highest levels of government. The
Observatory also notes an alarming trend of retaliating against
journalists who investigate cases of corruption by specifically accusing
them of smuggling money under Article 206.3.2 of the Azerbaijani
Criminal Code. This attack on independent journalism is all the more
worrying in the context of the upcoming presidential elections to be
held on February 7, 2024, marking the third consecutive election in
which the authorities have resorted to an earlier vote without formal
justification. President Aliyev's decision to advance the election,
despite the constitutionally set date in November 2025, raises further
concerns about democratic principles and the rule of law.
The Observatory underlines that this crackdown against Abzas Media
and its journalists takes place in a context of increased repression
against human rights defenders and civil society in Azerbaijan. In the
face of this repression, on January 24, 2023, the credentials of the
Azerbaijani delegation were not approved at the first meeting of the
winter session of the Parliamentary Assembly of the Council of Europe
(PACE). The basis for this decision was Azerbaijan's failure to meet the
fundamental commitments it made when joining the Council of Europe 23
years ago. Reasons cited include Baku's infringement of the
organisation's principles, the state of human rights within the country,
and the growing number of political prisoners. Prior to this, the
Azerbaijani delegation at PACE declared a suspension of cooperation with
the organisation for an unspecified duration.
The Observatory condemns the
arbitrary detention of Elnara Gasimova, Ulvi Hasanli, Sevinc Vagifgizi,
Mahammad Kekalov, Nargiz Absalamova and Hafiz Babali, which seems to be
only aimed at punishing them for their legitimate human rights
activities as journalists investigating and exposing corruption cases.
The Observatory calls on the
Azerbaijani authorities to drop the criminal charges against the six
aforementioned journalists and to release them immediately.
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