[hr-media] OSCE media freedom representative asks Azerbaijan's president to help stop new wave of prosecution of journalists, urges legal reform

VIENNA, 4 September 2006 -- The OSCE Representative on Freedom of the
Media, Miklos Haraszti, has expressed concern over recent cases of
prosecution of journalists in Azerbaijan and proposed a legal reform as a
way out of the situation.

In a letter sent to Azerbaijan's President, Ilham Aliyev, Haraszti wrote:
"The current wave of oppressive lawsuits against journalists makes it
vital that your March 2005 initiative be followed by tangible action. At
that time, you appealed to public officials not to file lawsuits against
the media. I am disappointed that your moratorium request is no longer
being respected."

At least five journalists and a number of newspapers are facing criminal
and civil defamation cases. Some of them, including Shahin Agabayli, the
Editor-in-Chief of Milli Yol, and Fikret Faramazoglu, Editor-in-Chief of
24 Saat, have already received harsh sentences, including imprisonment.
Mirza Sakit Zahidov, a satirical poet and journalist of Azadliq, has been
accused of drug charges, an allegation he totally denies.

Haraszti pointed to the fact that in all of the cases the plaintiffs are
public officials, including Interior Minister Ramil Usubov, who has filed
five suits against the media this summer.

The letter asked the authorities to ensure full access for journalists to
all trial hearings to provide transparent and detailed information to the
public.

The OSCE Representative said it was time for Azerbaijan to go beyond the
political moratorium on defamation, and translate the President's
intention into legal reform.

"The reform could start with an immediate legal moratorium on criminal
suits against journalists, and be completed by the transfer of the libel,
defamation, and verbal insult provisions from the Criminal Code to the
civil law domain. Simultaneously, civil law should be revised so that it
can handle defamation offences in a measured way. This should be made in
compliance with the principles of the European Court of Human Rights. In
particular, rational ceilings have to be established for damage payments;
and the civil libel provisions should acknowledge that public figures have
to endure harsher criticism than ordinary citizens," wrote Haraszti.

Haraszti also said that his Office was ready to assist Azerbaijan in
reforming its media legislation to improve the working environment for
journalists.

OSCE Press release