GOVERNMENT DOES NOT APPEAL TO GRAND CHAMBER OF EUROPEAN COURT OF HUMAN RIGHTS REGARDING EYNULLA FATULLAYEV’S CASE

May 31st, 2010
“Any application regarding journalist Eynulla Fatullayev’s case has not been brought to the Great Chamber so far, 31 May” said European Court of Human Rights Press Service Head, Stefano Piedimonte, according to “Media forum” news website.

On 22 April, The European Court of Human Rights issued a decision regarding the case of imprisoned Editor-in-chief of Gundelik Azerbaijan and Realniy Azerbaijan Newspapers Eynulla Fatullayev. The decision states that the journalist should be released immediately and the Azerbaijani government should pay 27,822 EUR to Fatullayev in compensation.

The decision of European Court of Human Rights is for two imprisonment decisions regarding Eynulla Fatullayev issued in Azerbaijan. E.Fatullayev was arrested for 2.5 years under the first imprisonment decision issued in April, 2007. E.Fatullayev’s imprisonment term was increased to 8 years, 6 months under the second decision issued in October of the same year.

Azerbaijan Republic Constitutional Court’s Chairman Ferhad Abdullayev, Azerbaijan’s permanent representative in European Court of Human Rights Chingiz Asgerov and Council of Europe Parliament Assembly’s Azerbaijan Delegation Chairman Semed Seyidov said that they appealed to Great Chamber of European Court of Human Rights regarding Eynulla Fatulleyv’s case.

On 29 December, 0.223 grams heroin was found on Fatullayev. Eynulla Fatullayev and his lawyer assess this incident as an operation set-up to prevent the decision of the European Court of Human Rights (ECHR) regarding the journalist in the near future. A criminal case was opened against Fatullayev in the Garadag District Investigative Department under article 234.1 of the Criminal Code (Illegal purchase or storage without a purpose of selling of narcotics or psychotropic substances in an amount exceeding necessary limit for personal consumption) and he was transferred to the Baku Investigative Prison #2 on 2 January. The investigation into the case was concluded and it is being considered in the Garadag District Court.

Realniy Azerbaijan has been published as weekly newspaper, and Gundelik Azerbaijan was published as a daily newspaper since 2005. Eynulla Fatullayev established the newspapers and was the editor-in-chief of both publications. The newspapers ceased their activity after the arrest of the editor-in-chief in 2007.