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. 

facebook page affiliated with opposition hacked, again

On September 10, the Facebook page that belongs to an online news website bastainfo.com was hacked. Bastainfo.com is affiliated with the opposition party Musavat and is known for often running into problems with the authorities. Its editor was handed a five year suspended sentence in February 2019. The website bastainfo.com remains blocked for access in Azerbaijan. 

In January 2020, Azerbaijan Internet Watch reported how several Musavat party social media accounts were targeted. According to preliminary reports five Facebook pages, one Facebook group, and one website were targeted. 

Bastainfo.com page was targeted then as well. The page lost followers. During last week’s attack, bastainfo.com page lost some 5k followers, and content that was shared since 2017. 

Hacking and compromising Facebook, Instagram, and YouTube accounts (because these are popular platforms used by journalists and activists) is common in Azerbaijan and isn’t new. The online harassment of prominent accounts began several years ago at first, mostly on the level of government-sponsored trolls. Over the years, as the ruling government developed an interest in spyware technology, the types of attacks became more sophisticated while state-sponsored trolling and reliance on automated bots even though still used, became secondary. In each of these cases, finding the perpetrators have not been possible. And in cases when it was clear the attacker was an automated bot/state-sponsored troll the platform took no action. We finally know why. A former Facebook employee, Sophie Zhang, wrote a memo after getting fired from her job at the company revealing how the company dealt with fake accounts and bots. Among the countries, she has worked on and analyzed was Azerbaijan. “Ms. Zhang discovered that the ruling political party in Azerbaijan was also using false accounts to harass opposition figures. She flagged the activity over a year ago, she said, but Facebook’s investigation remains open and officials have not yet taken action over the accounts.” 

government in Azerbaijan threatens activists with interpol, again [update September 14]

On September 8, seven Azerbaijani dissidents who now live in various cities across Europe were targeted by the government of Azerbaijan. In addition to being formally charged with a crime in their absence and arrest warrants issued, the authorities have vowed to ask Interpol for their extradition.

The story goes back to last year when an Azerbaijani blogger, Elvin Isayev was extradited to Azerbaijan from Ukraine. Isayev lived in Russia since 1998 and was known for his critical views of the government. He acquired Russian citizenship in 2001. 19 years later, a court in St. Petersburg ruled to strip him of Russian citizenship and expel him. The following month Isayev moved to Ukraine, after an interim measure of the European Court of Human Rights called “Rule 39” suspended his deportation. Three months later he went missing only to appear in Azerbaijan where the Azerbaijan State Migration Service claimed Isayev was deported, a statement that was later refuted by Ukraine’s State Migration Service which said it never ordered Isayev’s deportation.

Few days after his “arrival” in Azerbaijan, Isayev was charged with calling for mass riots and public incitement against the ruling government. Now, the Prosecutor General office is seeking the deportation of seven men accusing them of the same crimes.

Ordukhan Babirov, Gurban Mammadov, Orkhan Agayev, Rafel Piriyev, Ali Hasanaliyev, Tural Sadigli, and Suleyman Suleymanli have been now charged in their absence. Many of these men are known for their online media activism, managing popular opposition YouTube channels, and for organizing street protests across European capitals in support of political prisoners in Azerbaijan, highlighting human rights violations and other advocacy engagements. One of the targeted men, popular activist, Ordukhan Babirov (known as Ordukhan Temirkhan Babirov) wrote in a Facebook post “[…] how many more times are they are going to give my name to Interpol”.

In an interview with OC-Media Tural Sadigli, activist and editor of Azad Soz [Free Speech] online news platform, said he faced a criminal case in 2019. “I was slighly surprised. They can’t reach us, they cannot stop our activities, so they use such forms of pressure,” Sadigli told OC Media.  

This is not the first time, the government in Azerbaijan is resorting to Interpol. But according to Interpol, “[it] cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice. Each member country decides what legal value it gives to a Red Notice and the authority of their law enforcement officers to make arrests.

The persecution against activists at home and abroad is on-going. For years, the ruling Baku tried silencing dissident voices both inside the country through threats, intimidation, and arrests and abroad through public shaming campaigns, and targeting of remaining family members. 

A week ago, a court in Baku sentenced veteran dissident Tofig Yagublu to four years and three months in jail on bogus charges. A campaign calling for his freedom #FreeTofigYagublu and #TofiqYaqubluyaAzadliq was launched and many of the targeted activists mentioned in this story have been rallying behind the campaign. Similarly, a youth activist who is among the organizers of the September 9 rally in support of Yagublu, was also targeted online and blackmailed. 

man arrested over social media posts

A resident of a village in Goychay administrative district, Ahliman Aliyev was sentenced to 15 days in administrative detention over his social media posts. In an interview with Meydan TV, Aliyev said he was arrested for criticizing the head of the administrative district Mehdi Salimzade online. 

While in detention, he was beaten and humiliated. After his release, he was threatened by the Deputy Police Chief Fakhri Alsanov.  

Aliyev said he was written countless letters to the president, about the head of the administrative district. When he did not hear back, he took his complaints online.

Aliyev was accused of disobeying the police. 

Detentions over social media comments and posts are not uncommon in Azerbaijan. Just this month, a number of social media users were detained over their posts on social media platforms, criticizing the police and the fake flashmob that was organized in the capital of Baku in support of the Azerbaijani police.  

journalist facing jail time

Anar Mammadov is editor of criminal.az – website that was blocked by the authorities in Azerbaijan in 2018. Mammadov was sentenced to 5.5 years of imprisonment with a two-year probation period on charges of anti-state appeals, abuse of power and official forgery in March 2019. The official cause of the criminal prosecution was the publication of news about the assassination attempt on the former head of the city of Ganja Elmar Veliyev.

On January 6, Mammadov was pressed with a set of new allegations facing arrest. The accusation comes from a woman, named Malahat Gurbanova. Mammadov wrote about Gurbanova’s legal battle with former Minister of Social Services earlier on. Gurbanova now, alleges Mammadov’s language used to describe Gurbanova in his coverage was slanderous and insulting. Mammadov refutes these claims in his defense adding, if anything, it is he who feels insulted.

Criminal.az is an independent website covering predominantly crime-related stories. The website was blocked by the authorities in 2017, along with a number of other critical and independent news websites. It later began operating under the criminalaz.com domain, which was also blocked shortly after.

*Criminalaz.com, Fia.az, bastainfo.az and topxeber.az were blocked in Azerbaijan after the prosecutor’s office claimed these news websites misinformed their audiences and shared news of provocative nature that were untrue. [Turan News Agency]

**Since May 2017, over 20 websites have been blocked in Azerbaijan, among them: Azadliq Radio (Radio Free Europe/Radio Liberty Azerbaijan Service) and its international service, Radio Free Europe Radio Liberty, Azadliq Newspaper (independent of the Azadliq radio), Meydan TV, Turan TV and Azerbaijan Saadi (Azerbaijan Hour), OCCRP (Organized Crime and Corruption Reporting Unit), abzas.net, obyektiv.tv, and others on the ground these outlets promoted violence, hatred, extremism, violated privacy or constituted slander.

***Websites blocked since then are blocked for slander and spreading misinformation. At some point, an editor of the blocked az24saat.org was asked to remove four articles that mentioned Ali Hasanov, now a former aide to President Ilham Aliyev. Monitortv.info, which was among the blocked websites, also received a note requesting the removal of articles mentioning Ali Hasanov on the grounds these stories contained slander and lies. [Open Democracy]

At the time of the verdict against the journalist Mammadov, several international journalism organizations, and the OSCE Representative on Freedom of the Media criticized the court’s decision.

The New York-based Committee to Protect Journalists called on the Azerbaijani authorities to drop charges against Mammadov and pointing to the unfounded prosecution.

“Informing the general public about important events is what journalists do, and the authorities should support this work, and not punish reporters,” said Gulnoza Said, CPJ Program Coordinator for Europe and Central Asia.

In June 2019, the Baku Court of Appeal upheld the conviction of Anar Mammadov.

Timeline

15 May 2019 – Mammadov summoned to the prosecutor’s office. This time the journalist was questioned over a story about the state oil company – SOCAR.

Meydan TV, an independent online news website covering Azerbaijan was also targeted. Although the website of Meydan.tv was blocked already in 2017, following the publication of stories about SOCAR, the website was heavily DDoSed.

9 July 2018 – Mammadov, questioned by the police. The journalist’s home was searched and his personal devices, including his laptop and phone, were seized by the police.

Mammadov was questioned after publishing reports on an attempt on the life of the mayor of Ganja, Elmar Valiyev, on 3 July.

24 July 2018 – Mammadov was summoned to the prosecutor’s office. The journalist was questioned about the publication of reports on the assassination attempt and was warned not to spread “investigative secrets”.