"The attempt to silence the media is on the surface"

On March 6, the police raided the office of “Toplum TV”, as well as the apartments of several employees of the site, where funds in the amount of 2,700, 3,100, 20,000 euros were found. A lawsuit was filed against the journalists Farid Ismailov, Mushfig Jabbar, Ali Zeinal, Ramil Babayev, Elmir Abbasov and Ilkin Amrahov under Article 206.3.2 (smuggling).

On March 8, one of the founders of “Toplum TV”, lawyer Alesker Mammadli, was detained by plainclothes people in front of the “Istanbul” clinic. His apartment was later searched. It is alleged that 7,300 dollars were found in Alesker Mammadli's apartment. Alesker Mammadli was also charged under Article 206.3.2 of the Criminal Code (smuggling committed by a group of persons by prior agreement).

Earlier, on November 20 last year, arrests were made in connection with the case of “AbzasMedia”, which was known for its anti-corruption investigations.  First, the site's director Ulvi Hasanli, deputy director Muhammad Kekalov, and editor-in-chief Sevinj Vagifgizy were arrested. Later, investigative journalist Hafiz Babaly, Nargiz Absalamova and Elnara Gasimova were arrested. They were also charged under Article 206.3.2 of the Criminal Code (smuggling committed by a group of persons.)

On November 20, after Ulvi Hasanli was detained, the office of “AbzasMedia” was searched. It is alleged that 40 thousand euros were found during the search. After “AbzasMedia”, Aziz Orujev, the head of the “Channel 13” Internet television, and Shamo Eminov, an employee of this structure, were arrested on charges of smuggling. These arrests of employees of media agencies, which took place one after another in a similar scenario, are regarded by many media experts as repressions against the media.

Khalid Agaliyev, head of the Media Rights Group, comments on the arrest of journalists, the charges against them, and the latest operations against media structures in an interview with ASTNA.

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Question: What is the reason for these arrests?

Answer: For the 3rd year now, a new stage of regulation in the field of media has been underway in Azerbaijan. With the adoption of the new law, the transition to this regulation was carried out. The content and quality of the Law are controversial. Laws adopted by a member state of the Council of Europe must comply with the standards of this structure. However, this structure has made it clear that the Law does not meet these standards. Such transitions and the introduction of new regulations are always painful and difficult. At the same time, there was no favorable environment for the realization of media rights and freedom of expression in Azerbaijan. The widespread use of these rights was risky. I think that the totality of what has been said is the main reason.

Question: Why are the authorities taking these steps at a time of cooling relations with the West? What is the purpose of further straining the relationship?

Answer: As already mentioned, a new regulation is being introduced. We are also going through an extremely difficult period in a global sense. Usually, in such times, the rights to freedom of expression and the media are primarily subjected to pressure, become a target. In such difficult times with the daily changing reality, governments are more inclined to curb public opinion in order to calmly manage the situation.  In Azerbaijan, journalists were arrested at various stages, regardless of whether they had good or strained relations with anyone. Therefore, the reason for the most part is the general global environment.

Question: Is this step, as experts say, just a process of achieving the silence of the media and civil society, or are there other goals behind it?

Answer: Unfortunately, recent arrests have caused the shutdown of at least two independent media outlets. This is an extremely difficult result from the point of view that on the path of democratic development, free media play an important role in informing society. But these are only visible results. Disabling one or more media outlets, journalists, and creating a situation where they cannot perform their functions generally affects society, forcing it to self-censor.

Question: This question is not asked simply.  Recently, arrested journalists and representatives of civil society have been accused of smuggling. But where is the connection between journalism and smuggling?

Answer: Smuggling is a crime, a socially dangerous act. Criminal law provides for liability for this. The subject of this criminal act can be any conscious person who has reached the age of 16, whether he is a journalist or not. Practice shows that journalists have been convicted at various times on charges such as hooliganism, bodily harm, defamation and even treason. Following the consideration of most of these cases, the European Court ruled that the charges against them were unfounded.  The cases under consideration are similar to those. Getting acquainted with the information disseminated in the media about the arrest of journalists, one can conclude that it is possible that we are talking about a violation of the rules for obtaining grants.  And violation of these rules entails administrative liability.

Question: How will the processes go? Will the arrests continue? What can stop this process?

Answer: It is difficult to predict the development of processes from the point of view of media freedom and journalism in the current tense, difficult situation. What is obvious is that what is happening is an undesirable trend for a State governed by the rule of law. The opposite should happen, and a favorable environment should be created for media freedom and self-expression, which are so necessary for democratic development.