Norwegian journalist and director Erling Borgen’s film about imprisoned journalist, editor-in-chief of “Gundelik Azerbaycan” and “Realniy AzerbaydjanAzerbaijan” Eynulla Fatullayev was introduced, according to Yeni Musavat daily. informed on 24 September.
BACKGROUND
On February 2, 2010, the Baku City Prosecutor Office accused Eynulla Fatullayev f using drugs. Fatullayev called the dissemination of such information about him violation of both the European Human Rights Convention Article 6 Clause 2, riminal and Procedural Code Article 21 and the Azerbaijani Constitution Article 63. e filed a lawsuit demanding that the Baku City Prosecutor Office apologize for the istributing the and for the public misperceptions that may have been created. He lso requested that the judge rule on taking one AZN from the Baku City Prosecutor ffice and paying it to the Garadag District Court Judge Ismayil Khalilov for the legal onsequences caused by violation of right to innocence presumption.
On April 20th, 2007, Fatullayev was arrested in the court hall based on the decision y the Yasamal District Court on the lawsuit of Refugee/IDP Rights Defense ommittee chairperson Tatyana Chaladze. After his arrest, a criminal case was pened against Fatullayev in the National Security Ministry Chief Investigative Office
regarding an article published in Realniy Azerbaijan newspaper, which according o the Ministry of Foreign Affairs caused foreign citizens and representatives of nternational organizations to fear for their safety. He was convicted under articles 14.1 (threatening terror), 283.2.2 (incitement of ethnic/national, social or religious
hatred abusing authority) of the Criminal Code and was sentenced to a pre-trial etention. Fatullayev was then convicted under 213.2.2 (tax evasion). Fatullayev as sentenced to 8.5 years in prison on October 30, 2007 and was fined 242,522 ZN under the decision of the Grave Crimes Court.
On the 29th of December, 2009, 0.223 grams of heroin was found on Fatullayev in
Prison #12. criminal case was opened against Fatullayev in the Garadag District Investigative
Department. On the 6th of July 2010, Fatullayev was found guilty under article 234.1
(illegal purchase or storage without a purpose of selling of narcotics or psychotropic
substances in an amount exceeding the necessary limit for personal consumption) of
the Criminal Code. His two-and-a-half year sentence began on this date. Fatullayev
and his lawyer believe that this incident was a set-up in order for the court to avoid
complying with the decision of the European Court of Human Rights (ECHR)
regarding the journalist's release.
On the April 22, 2010, the ECHRruled that Fatullayev should be released
immediately, and that the Azerbaijani government should pay 27,822 EUR to
Fatullayev in compensation. The Azerbaijani government filed an appeal with the
Grand Chamber of the ECHR regarding this decision. Fatullayev is recognized as a
prisoner of conscience by local and international organizations.
Eynulla Fatullayev was the founder and editor-in-chief of “Realniy
Azerbaydjan” weekly newspaper and “Gundelik Azerbaycan” daily newspaper,
published since 2005. after the arrest of the editor-in-chief in 2007, both
newspapers stopped operation.
Baku City Prosecutor Office diesseminated information on 2 February, 20110,
stating Eynulla Fatullayev was a drug user. Considering the dissemination of such
information about him as the violation of European Human Rights Convention Article
6 Clause 2, Criminal and Procedural Code Article 21, Azerbaijani Constitution Article 63, Eynulla Fatullayev filed a lawsuit demanding that the Baku City Prosecutor Office apologize for the dissemination of information claiming the existence of evidence proving his guilt without any court decision in force, and the public opinion created as a result. He also requested that the judge make a pass decision about taking 1 AZN from Baku City Prosecutor Office and to pay it to Garadag District Court Judge Ismayil Khalilov for the legal consequences caused by violation of right to innocence presumption.
On the 20th of April, 2007, Fatullayev was arrested in the court hall based on
the decision adopted by the Yasamal District Court on the lawsuit of Refugee/
IDP Rights Defense Committee chairperson Tatyana Chaladze. After his arrest, a
criminal case was opened against Fatullayev in the National Security Ministry Chief
Investigative Office regarding an article published in Realniy Azerbaijan newspaper,
which according to the Ministry of Foreign Affairs caused foreign citizens and
representatives of international organizations to be concerned for their safety. He
was convicted under articles 214.1 (threatening terror), 283.2.2 (incitement of ethnic/
national, social or religious hatred abusing authority) of the Criminal Code and was
sentenced to a pre-trial detention. Fatullayev was then convicted under 213.2.2 (tax
evasion). Fatullayev was sentenced to 8.5 years in prison on the 30th of October,
2007 and was fined 242,522 AZN under the decision of the Grave Crimes Court.
On the 29th of December, 2009, 0.223 grams of heroin was found on Fatullayev in
Prison #12.
A criminal case was opened against Fatullayev in the Garadag District Investigative
Department. On the 6th of July 2010, Fatullayev was found guilty under article 234.1
(Illegal purchase or storage without a purpose of selling of narcotics or psychotropic
substances in an amount exceeding the necessary limit for personal consumption) of
the Criminal Code and his sentence of to two years and six months in prison began
on this date. Fatullayev and his lawyer believe that this incident was a set-up in order
for the court to avoid complying with the decision of the European Court of Human
Rights (ECHR) regarding the journalist's release.
On the 22nd of April, 2010, the ECHR issued a decision that Fatullayev should be
released immediately, and that the Azerbaijani government should pay 27,822 EUR
to Fatullayev in compensation. The Azerbaijani government filed an appeal with the
Grand Chamber of the ECHR regarding this decision. Fatullayev is recognized as a
prisoner of conscience by local and international organizations.
Eynulla Fatullayev was the founder and editor-in-chief of “Realniy Azerbaydjan”
weekly newspaper and “Gundelik Azerbaycan” daily newspaper, published since
2005. after the arrest of the editor-in-chief in 2007, both newspapers stopped
operation.