APPEAL ON EYNULLA FATULLAYEV’S CASE FILED IN GRAND CHAMBER TO BE CONSIDERED SOON

August 19th, 2010

The European Court of Human Rights Grand Chamber Committee might issue a decision whether to reconsider the case of imprisoned Editor-in-chief of Realniy Azerbaijan and Gundelik Azerbaijan newspapers Eynulla Fatullayev at the end of September.    

According to Mediaforum website, next week a decision will be issued whether the appeal of the Azerbaijani government to the Grand Chamber will be included in the agenda of the committee or not.

 

BACKGROUND

 

On the 20th of April 2007, Fatullayev was arrested in the court hall under 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 concerns about 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 of imprisonment on the 30th of October 2007 and was fined 242 thousand 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 not comply 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 prison of conscious by local and international organizations.   

 

Fatullayev established and was the Editor-in-chief of both Realniy Azerbaijan and Gundelik Azerbaijan newspapers. Beginning their publications in 2005, Realniy Azerbaijan ran as a weekly newspaper, whereas Gundelik Azerbaijan was published as a daily newspaper. The newspapers ceased their activity after Fatullayev's arrest in 2007.