parliament in Azerbaijan is discussing law on hate speech

Parliament in Azerbaijan is set to discuss a draft law on hate speech. While independent critics say there is no need for a separate law, given the existing legal framework that does offer context on hate speech, there is suspicion it is another law with an intention to harm independent voices. 

On September 17, Zahid Oruc, member of the parliament and the head of the Human Rights Committee at the National Parliament, suggested parliament adopts a new law on hate speech. Oruc said the main goal of the law would be to prevent hate speech in information space. While promising, the draft law will be released for public discussion before it goes to the parliament during the fall session, the MP also added the draft law, may consider including social media platforms as part of the information space.

Azerbaijan Internet Watch talked to Elesger Memmedli, a media law expert in Azerbaijan about the draft law. Memmedli thinks there is no need for a separate law on hate speech because Azerbaijan already has plenty of laws that can be amended to regulate hate speech. “What is worrying is the intention. At the moment, the draft law is aimed at political speeches and other instances. But the likelihood of this law to be used as a limiting norm is high.”

The tradition of using existing legal framework or laws against opposition or independent voices goes back to the case of the then opposition journalist Eynulla Fatullayev, explained to Azerbaijan Internet Watch, lawyer Khaled Aghaly. At the time of the sentence [in 20o7] Fatullayev was accused of terrorism, defamation, and incitement to racial hatred. Like Memmedli, Agahly agrees there is no need for a new law when Azerbaijan has Article 283 of the Criminal Code – on Excitation of national, racial, social, or religious hate and hostility.

During the height of the pandemic in Azerbaijan, the parliament introduced a series of amendments to existing laws that were then used to prosecute activists explains Elesger Memmedli. “Shortly after [the amendments] scores of activists were rounded up, including members of [opposition] Popular Front. Some were taken straight from their homes and sentenced to lengthy administrative detention,” recalls Memmedli [some of these arrests were captured here]. 

In 2017, when changes were made to the law on religious terrorism, two prominent members of the Popular Front were arrested relying on the existing legislation, even though it was clear, it was a setup, as neither of the activists had any religious affiliation or background explains Memmedli. 

  • In July, a court convicted Faig Amirli, an APFP member and financial director of the now-closed pro-opposition Azadlig newspaper, on bogus charges of inciting religious hatred and tax-evasion. He received a suspended sentence.
  • In January 2017, a Baku court convicted senior APFP member Fuad Gahramanli to 10 years’ imprisonment for inciting religious and ethnic hatred; he posted criticisms of the government on Facebook.

 

So while hate speech may be a legitimate concern the existing examples tell a different story says Memmedli. 

Meanwhile, Zahid Oruc, vowed the drat law, would not limit the freedom of speech. 

activist accused of intentionally spreading coronavirus [updated]

On July 20, activist Nijat Ibrahim, posted on his Facebook, that he was going to protest outside the Presidential Apparatus in the capital Baku. The main message of his one-man protest was calling on the President of Azerbaijan, Ilham Aliyev to resign. The activist also said he demands that the government demolish all of the monuments of Haydar Aliyev. 

However, shortly after leaving his home, Ibrahim was detained by the police and charged with Article 139.1.1 of the Criminal Code (Violation of anti-epidemic, sanitary-hygienic, or quarantine regimes) specifically with spreading the virus. On July 21, Ibrahim’s wife, received a phone call informing her, her husband tested positive despite him never taking the testOn July 22, Nasimi district court found Ibrahim guilty and sentenced the activist to three months in pre-trial detention.

On July 28, Ibrahim’s lawyer filed a motion requesting the Center for Dangerous Infections at the Ministry of Health to provide information about the date Ibrahim was tested, and the results were made available to him. The court dismissed the motion.

According to the legislation, Ibrahim is facing 2500-5000AZN [1500-3000USD] fine, jail up to three years, or up to three years of restricted freedoms. 

Scores of political activists have been accused of a similar crime over recent weeks. 

teacher arrested over social media posts

On May 22, a high school teacher Jalil Zabidov was arrested and sentenced to five months in prison on charges of hooliganism according to reports. Zabidov was also a member of D18, an opposition movement.

According to his family members, and members of the D18 movement, Zabidov often shared stories and news of corruption in his village.

In October 2019 D18 was targeted online. Its Facebook page was hacked and the group lost thousands of followers. According to one of the movement’s founders, Ruslan Izzetli, the attack was targeted and was the result of a recent Facebook post the group shared on their page, calling on the current Minister of Internal Affairs, Vilayet Eyvazov’s resignation. 

social media activist arrested

May 18, activist Elvin Irshadov, known online as “Umari Ali” was reportedly arrested in the city of Lenkoran. A court in Lenkoran sentenced Irshadov to 16days in administrative detention on charges of disobeying police orders on May 19.

Irshadov is known for his critical posts online and has been previously warned by city police over his online activism. In one of his recent social media posts, Irshadov criticized authorities over the recent dismissals of city administrative officials calling it a political cover-up.

Irshadov, is not the first activist targeted for online activism. In recent weeks, scores of activists were targeted by authorities across the country.

political activist’s partner harassed online [Last update June 17]

June 17, Amina Rustamzade, wife of activist Ilkin Rustmazade attempted suicide after numerous posts violating her right to privacy [see below]. Rustamzade overdosed herself with sleeping pills. She was taken immediately to a clinical center where doctors were able to stabilize her condition. While her condition is stable, the perpetrator behind the harassment against Amina remains at large. Ilkin Rustamzade wrote on his Facebook, that his wife, received yet another message from the same user with the message “If Ilkin is not silent, then what happened earlier will happen again.”

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Ilkin Rustamzade is a former political prisoner and activist who spent six years in jail on bogus charges. He was arrested in May 2013 on alleged hooliganism charges. Additional charges – inciting violence and organizing mass disorder in connection with a peaceful protest in 2013 – were added during his pre-trial detention period. Rustamzade was sentenced to eight years in jail in 2014. He was recognized “prisoner of conscience” by International rights watchdog Amnesty International.

Authorities released Rustamzade in March 2019 following a presidential pardon decree. But threats and harassment against him continue.

On April 7, Rustamzade was contacted by this profile on Facebook. The person behind the profile introduced himself as an officer working for the Special Security Services in Azerbaijan. In the brief exchange this person had with Rustamzade, he kept removing all of the messages after they were sent. As a result, there are few screenshots that actually contain any evidence of this person threatening Rustamzade.

In one message, the user tells Rustamzade to stop the campaign the activist started on change.org. The campaign calls on the Azerbaijan authorities to allocate funds for families who have been affected by the global pandemic that has also reached Azerbaijan. When Rustamzade refused to remove the campaign, that is when the person threatened Rustamzade to humiliate him and his family.

Shortly after, a Facebook page (that has now been successfully removed) was set up, with intimate pictures of Rustamzade’s wife Amina Rustamzade and posts using humiliating language.

On April 8, a new Facebook page was set up with similar content. There is also, an Instagram post, that was shared by this account on the social media platform. In addition, his fiance’s profile appears to have been added to an escort website with personal information including phone numbers.

Also on April 8, Rustamzade’s father, Bakir Khalilov was taken by the police when they could not locate Ilkin Rustamzade at his family home. When Rustamzade called to speak with his father, the police interrupted the conversation, took the phone away from the father and told Rustamzade unless he comes to the station, his father will be arrested. When police showed up at his father’s house, they claimed Rustamzade violated quarantine laws by leaving the house without informing the law enforcement. This is a new regulation that was introduced on April 5. Rustamzade moved out on April 2. Three days before the regulation was set in place.

Meanwhile, Rustamzade’s father falls into a threatened group category due to his age and health condition. He just recently had heart surgery.

Although his father has been released since then, Rustamzade is concerned both his father, and himself could be arrested and that threats against his family will continue.

Journalist Khadija Ismayilova wrote her on Facebook that “Police clearly is eager to use these SMS restrictions to harass activists.”