Media Rights Institute: Situation of freedom of media deteriorates

The situation regarding the freedom of the media is not improving in Azerbaijan, but on the contrary it is deteriorating, according to the results of monitoring held by the Media Rights Institute (MRI) during the first 6 months of 2013.

The monitoring consists of five sections: “Access to public information,” “Lawsuits against media,” “Arrests of journalists and other criminal penalties,” “Physical and psychological attacks” and “Television and radio broadcast.”

The presentation of the report took place in the Park Inn hotel on July 19, 2013.

Halid Agaliyev, MRI project manager, said journalists still have problems with access to information. Out of 50 inquiries to various agencies, a response was given to only 19, of which 5  on the merits.

In 20 cases the journalists disputed the failure to provide information in courts. The Information Ombudsman is absolutely inactive. The mechanism for protection of citizens’ rights has not been formed.

During this period the courts failed to satisfy the claims regarding the refusal to provide information. Although in 2011-2012 the courts obliged the Baku’s Mayoralty and the Writers’ Union several times by responding to the information inquiries of the plaintiffs.

Online transparency of the state agencies constitutes less than 25%. This means that they post only one fourth of information, which is liable to disclosure, on their web sites. The information about spending of budgetary resources or other financial activities is usually not disclosed, said MRI Director Rashid Hajily.

Criminal prosecution of journalists and media personel continues. However, the number of suits demanding journalists to be held criminally responsible has reduced against 2008-2010.

During the first 6 months of 2013, 4 out of 36 suits against media and journalists were related to bringing them to criminal justice.

The fines against journalists for moral damage and damage to business reputations grow.

2.6 million AZN was demanded in 36 suits against mainly opposition newspapers Azadlig and Yeni Musavat. The number of suits against internet media also grows. 10 online media received demands to pay a total of 720,000 AZN.

During the first 6 months of 2013 the courts instructed the journalists and media to pay the plaintiffs 91,000 AZN.

Azadlig daily’s bank account was arrested for the fine worth 30,000 AZN on the basis of the suit filed by Tagi Ahmadov, chief  of the Baku Subway Department.

The size of the fine is also a problem. The fine for moral damage in grave crimes is  1,000 AZN, but the fine for civil suits can reach tens of thousands.  

The authorities have distorted the essence of the law on protection  against defamation. The initial variant of the law drawn by the MRI experts envisaged the cancellation of a criminal penalty for defamation and limitation of fine for moral damage. However,  both proposals were removed from the variant submitted to the Venice Commission, Hajily said.

Criminal prosecution on various charges continue in the country.

Seven journalists have either been convicted or are awaiting the verdict, including Avaz Zeynally, Hural newspaper’s editor, independent journalist Faramaz Allahverdiyev (Novruzoglu), journalist from Ujar region Fuad Huseynov, Hilal Mammadov, editor of Tolyshi Sado newspaper, Yeni Musavat newspaper’s columnist Tofig Yagublu (deputy chairman of Musavat party), editor of web site azadxeber.org Nijat Aliyev and editor of web site xeber44.com Araz Guliyev.

Vugar Gonagov and Zaur Guliyev, journalists from the Guba region television, and Shirin Jafari, founder of Gundem Habar newspaper, have been sentenced to the conditional sentence.

The criminal case against Mehman Huseynov, reporter of the Institute for Reporters Freedom and Safety, remains open.

Internet bloggers Rashad Ramazanov and Ilkin Rustamzada have been arrested for their articles.

Lenkoran region’s resident Shaig Agayev has been arrested on a drug-related charge after the video showing the beating of his child at school was posted on internet. Agayev is said to have been beaten in the pre-trial jail.

Another problem is failure to investigate assault against journalists. The number of these facts totaled 47 against 30 a year ago.

All TV and radio broadcasters, including private ones, remain under control of the authorities.

The report recommends solving the following problems: eliminate limitations to access to information; raising transparency of state agencies; cancellation of criminal penalty for defamation; application of precedents of the European court; release of journalists and bloggers arrested on doubtful charges, investigation of violence against journalists etc.—0----