(ARTICLE 19/IFEX) – ARTICLE 19 is extremely concerned about the Azeri authoritiesâ continued attempts, over the past four months, to prevent Radio-TV Sara from broadcasting. Radio-TV Sara is one of the few independent TV stations in Azerbaijan. Earlier this week, ARTICLE 19 was informed that the Azeri authorities are trying to confiscate the stationâs assets, […]
(ARTICLE 19/IFEX) – ARTICLE 19 is extremely concerned about the Azeri authoritiesâ continued attempts, over the past four months, to prevent Radio-TV Sara from broadcasting. Radio-TV Sara is one of the few independent TV stations in Azerbaijan.
Earlier this week, ARTICLE 19 was informed that the Azeri authorities are trying to confiscate the stationâs assets, including the antenna and equipment worth over US$500,000, in lieu of a fine of US$50,000 which the station is refusing to pay. This is the latest action in an on-going effort to silence Radio-TV Sara.
On 9 October 1999, according to ARTICLE 19âs information, following the transmission of a programme on 8 October in which opposition politicians called for public rallies supporting freedom for Nagorno-Karabakh, an official from the Baku Prosecutorâs Officer came to Radio-TV Saraâs offices and attempted to confiscate the video-tape concerned.
Later on 9 October, various governmental officials, including representatives from the Ministry of Justice, arrived at Radio-TV Saraâs offices with orders from the president and the minister of justice to close down the offices. Apparently these officials had neither a warrant nor a court decision to back up their order. When employers of the TV station questioned the legality of this measure, they were violently attacked and harassed by the officials until they were forcibly evicted from the office.
Some thirteen days after this extrajudicial action, on 22 October, the authorities invoked legal provisions which ban foreign citizens from founding press bodies. They did this in order to withdraw the registration of Radio-TV Sara on the grounds that its president, Rasul Rauf, is a Turkish citizen. Article 7 of the Law on the Mass Media simply requires that foreigners investing in media outlets have permanent residence in Azerbaijan. Rauf meets this condition.
These actions against Radio-TV Sara show that, despite consitutional protections of freedom of expression including media freedom, as well as the formal abolition of censorship in August 1998, it is still not possible in Azerbaijan to publicly express opinions which contradict those of the ruling power. The measures used to suppress press freedom are either extrajudicial or retroactive and infringe on Azerbaijanâs commitments to international law.
As a state party to the International Covenant on Civil and Political Rights, Azerbaijan is bound by international standards which protect media freedom. Article 19 of the Covenant protects freedom of expression. Although such standards do permit certain restrictions on freedom of expression, these limitations are only permissible in a very limited number of circumstances, and the restriction must be prescribed by law. According to our information, the closure of Radio-TV Sara in October 1999 was carried out by direct order of the president, invoking no law in the courts until after the closure had taken place.
As an applicant for membership to the Council of Europe, Azerbaijan will also have to bring its law and practice into line with the European Convention of European Rights, which protects freedom of expression at Article 10. Actions such as those outlined above are clear infringements of this treaty, as well as all other international standards, and represent a serious obstacle to Azerbaijanâs chances of acceptance for membership.
Recommended Action
Send appeals to the president:
- appealing to him to return any seized properties to Radio-TV Sara immediately
- demanding that he cease harassment, both direct and indirect, of all independent media forthwith
- reminding him that only legal means which comply with Azerbaijanâs international obligations should be used to restrict freedom of expression; and that this includes permitting a variety of views to be expressed
Appeals To
H E Heydar Aliyev
President
19 Istiqlaliyyat Street
Baku, Azerbaijan
Fax: + 99 412 920625
Please copy appeals to the source if possible.
