Draft:AbzasMedia case

"AbzasMedia" case

The arrest of "AbzasMedia" journalists, commonly known as the "AbzasMedia" case, refers to a wave of arrests conducted by Azerbaijani law enforcement agencies starting from November 20, 2023, against the leaders and journalists of the independent media platform "AbzasMedia." During the arrests, "AbzasMedia" founder and director Ulvi Hasanli, assistant director Mahammad Kekalov, chief-in-editor Sevinj Vagifgizi, investigative journalist Hafiz Babali, and reporters Nargiz Absalamova and Elnara Gasimova were detained, and a criminal case was opened against them under Article 206.3.2 of the Criminal Code (smuggling).

The arrest of "AbzasMedia" journalists has been harshly criticized by both local and international human rights defenders and organizations.

Background

"AbzasMedia" is an independent media platform in Azerbaijan known for its investigations into the businesses of state officials and authorities, including alleged corruption in the reconstruction efforts in Karabakh since 2020. "AbzasMedia" has published corruption investigations involving Azerbaijani President Ilham Aliyev’s family, Foreign Minister Jeyhun Bayramov, Head of the Special State Protection Service Baylar Eyyubov, and Head of the State Security Service Ali Naghiyev, along with numerous other reports on uninvestigated crimes related to ministers and officials.

Chronology

2023 November

On November 20, 2023, around 07:00, "AbzasMedia" Chief Director Ulvi Hasanli was detained near his home while en route to the airport for a trip abroad. Hasanli was taken to the Main Police Department of Baku city, and searches were conducted at both his home and the "AbzasMedia" office. Zibeyda Sadigova, who is defending Hasanli, reported that during the five-hour search at the office, the police allegedly found 40,000 euros. However, "AbzasMedia" rejected these accusations, calling it a "staged scenario" to press charges against Hasanli. During the search, a red bruise was spotted under Hasanli’s eye. He told journalists that he was punched by the police during his detention. Hasanli also stated that after being taken to the Main Police Department of Baku city, he was subjected to inhumane treatment and torture, reporting that he has faced violence there as well. He mentioned that the questions posed to him at the police station were related to AbzasMedia's investigations about corruption.

During the night of November 20–21, Sevinj Vagifgizi, the editor-in-chief of Abzas Media, returned to Azerbaijan from Istanbul. Upon her arrival at Heydar Aliyev International Airport, she was detained by police. Later that day, authorities conducted a search of her apartment. Her attorney, Elchin Sadigov, confirmed that no unlawful items were discovered during the search. Despite this, she was charged under Article 206.3.2 of the Criminal Code (smuggling; on preliminary arrangement by group of persons). On November 21, the Khatai District Court ordered her pre-trial detention for 3 months and 29 days.

On November 23, journalists Nargiz Absalamova and Sahila Aslanova were summoned to the Main Police Department of Baku city as witnesses in the criminal case opened against "AbzasMedia." After being interrogated for three hours, Aslanova was released. She stated that due to the confidentiality of the investigation, she could not disclose the nature of the questions asked during the interrogation. According to Absalamova, although she was told the summons was related to the arrests of Ulvi Hasanli and Sevinj Vagifgizi, none of the questions posed to her were related to that matter.

On November 24, journalists Elnara Gasimova and Mina Alyarli were summoned to the Main Police Department of Baku city as witnesses in the criminal case opened against "AbzasMedia." Elnara Gasimova was interrogated for approximately two hours and questioned about the detained journalists. Mina Alyarli noted that the questions were mainly focused on Sevinj Vagifgizi's activities, the work conducted at "AbzasMedia," and the investigations carried out by the platform.

On November 28, investigative journalist Hafiz Babali and economist Toghrul Valiyev were summoned to the Main Police Department of Baku city as witnesses in the criminal case related to "AbzasMedia." Babali stated, "I used 'Abzas Media' as a platform to publish investigative articles, but I was not questioned about these investigations. The questions were primarily about AbzasMedia's activities and my connections with them, particularly regarding financial matters." Economist Toghrul Valiyev also mentioned that he was questioned regarding AbzasMedia.

On November 30, "Abzas Media" journalist Nargiz Absalamova was summoned to the same department. After being interrogated, Absalamova was detained, facing the same charges as those brought against the leaders of "Abzas Media." Her lawyer, Shahla Humbatova, reported that Absalamova's exact whereabouts were unknown at that time. The Press Service of the Ministry of Internal Affairs confirmed Absalamova's detention and stated that an investigation was underway. On December 1, a criminal case was opened against Nargiz Absalamova under Article 206.3.2 of the Criminal Code (smuggling), and the Khatai District Court ruled to impose a pretrial detention for three months.

2024 January

On 13th of January, 2024, "Abzas Media" reporter Elnara Qasimova was summoned once again to the Main Police Department of Baku city in connection with the "AbzasMedia" case. That same day, Elnara Gasimova was detained as a suspect. According to her attorney, Bahruz Bayramov, she was held under suspicion of violating Article 206.3.2 of the Criminal Code (smuggling). On 15th of January, the Khatai District Court ruled to place Gasimova in pretrial detention for 2 months and 17 days. Bayramov stated that Gasimova was subjected to inhumane treatment: "Her hands were cuffed behind her back when she was brought here. In the courtroom, her hands were handcuffed in the front." Gasimova denied the all charges and linked her detention to her journalistic activities. Another lawyer representing Gasimova, Aisha Abdel Gadir, noted that no evidence had been presented to justify her arrest.

2024 April

On April 18, at 18:20, the pro-government news site "Qafqazinfo" published an article titled "New Facts in the 'Abzas Media' and 'Toplum TV' Case," which also implicated Imran Aliyev, head of the "Meclisinfo" platform, accusing him of smuggling. Later that evening, at around 20:30, Aliyev was detained by the State Border Service at Heydar Aliyev International Airport and handed over to law enforcement authorities. In a video statement from the airport, Aliyev commented: "After the slanderous article about me, I purchased a ticket to Istanbul. The allegations in the news are false. It's 20:54, and they’ve confiscated my passport and ticket and detained me."

The following day, on April 19, the Khatai District Court ordered a 2-month, 1-day pretrial detention for Imran Aliyev, charging him under Article 206.3.2 of the Criminal Code (smuggling; on preliminary arrangement by group of persons). According to his relatives, Aliyev was involved in the investigation as a suspect in the "AbzasMedia" case. Aliyev denied the charges. His attorney, Ganga Ibrahimov, stated that after Aliyev was detained and brought to the police station, he was beaten, tortured, and forced to sign a document under duress. Aliyev’s "Meclisinfo" platform monitors the activities of the Milli Majlis (National Assembly of Azerbaijan).

Additionally, on April 20, it was reported that political activists Elgiz Gahraman and Murad Rustambayli were prohibited from leaving Azerbaijan. They were informed of this restriction by the State Border Service at Heydar Aliyev International Airport at different times. The restriction was imposed by the Ministry of Internal Affairs, though no specific reason was provided.

2024 May

On May 30, 2024, economist Farid Mehralizade was detained by officers in civilian clothing while on his way to work. Later that day, he was taken to his residence for a search, during which it became evident that his detention was unlawful. During the search, Mehralizade requested the presence of his lawyer, but law enforcement officers denied this request. As a result, all electronic devices, documents, and a car belonging to Mehralizade and his wife, Nargiz Mukhtarova, were confiscated.

In a statement to local media, Nargiz Mukhtarova reported that her husband was subjected to violence and mistreatment during his detention. She claimed that a bag was placed over Farid’s head, and he was taken to an unknown location where he faced physical abuse. He only discovered his whereabouts after being brought to the Main Police Department of Baku city, where the bag was removed. Mehralizade's lawyer, however, was only allowed to enter the police department at 6:30 PM.

On June 1, 2024, Mehralizade was charged under Article 206.3.2 of the Criminal Code (smuggling on preliminary arrangement by group of persons). On the same day, the Khatai District Court ordered his pretrial detention for three months and 20 days. However, no evidence was presented in the court or investigation documents to substantiate Mehralizade's involvement in the so-called "Abzas case." Abzas Media also issued a statement asserting that they had no affiliation with Mehralizade.

Claiming that the detention was unlawful, Mehralizade filed an appeal. However, on June 6, 2024, the Baku Court of Appeals upheld the lower court’s decision. Later, his lawyers petitioned the Khatai District Court to release him on bail or place him under house arrest. Nevertheless, on July 3, this petition was denied, and on July 10, the Baku Court of Appeals reaffirmed this decision.

On November 17, it was reported that three employees of "AbzasMedia" — Sevinj Vagifgizi, Nargiz Absalamova, and Elnara Gasimova — were subjected to physical violence in the detention center. According to their relatives, Sevinj had a bruise the size of an egg on her inner wrist. The inner vein of her thumb was ruptured, and her middle finger was also injured. Nargiz had a similar bruise near her hand, and Elnara sustained a similar injury in the same area.

Sevinj Vagifgizi stated that there is only one window in the room, and the ventilation system is non-functional. Air circulation is only possible when the vent on the cell door is open, but on November 14th, even that vent was closed. This led to slow and persistent knocking on the doors. In one of the cells, a pregnant woman is being held; in another, a woman with a young child. In a cell across from hers, a woman with a heart stent is detained, while in her own room, there are women suffering from epilepsy and claustrophobia. Sevinj’s attorney reported that when she tried to prevent the vent from being shut by placing her arm between it, her arm was pinched, causing a hematoma in that area.

Statements regarding "AbzasMedia" case

Human Rights Watch (HRW) issued a statement regarding the arrests and ill-treatment of "Abzas Media" founder Ulvi Hasanli, editor-in-chief Sevinj Vagifgizi, and assistant director Mahammad Kekalov. "The arrests of Hasanli, Vagifgizi, and Kekalov are the latest illustrations of this longstanding pattern, and they should be freed at once." the statement read.

The Committee to Protect Journalists (CPJ) also called on the Azerbaijani authorities to release Ulvi Hasanli, director of "Abzas Media," and editor-in-chief Sevinj Vagifgizi and to disclose the whereabouts of deputy director Mahammad Kekalov, who has been missing since Monday. "Azerbaijani authorities should release Vagifgizi and Hasanli immediately, provide information on Mahammad Kekalov’s whereabouts, and allow Abzas Media to continue its vital public interest reporting." the CPJ statement urged.

The Norwegian Helsinki Committee (NHC) called on Azerbaijani authorities to end the ongoing repression of independent media and immediately release the detained "Abzas Media" journalists. The NHC statement highlighted that "'Abzas Media' is recognized for its critical reporting, corruption investigations, and coverage of issues of public interest in Azerbaijan."

The Steering Committee of the Eastern Partnership Civil Society Forum issued a statement condemning the continued repression of media and civil society in Azerbaijan, including the recent arrests of independent journalists. The statement strongly denounced these repressive actions and called for the immediate release of detained independent journalists and all political prisoners. "The Steering Committee condemns the recent arrests of independent journalists—'Abzas Media' director Ulvi Hasali, editor-in-chief Sevinj Vagifgizi, and deputy director and disability rights advocate Mahammad Kekalov. We call on the Azerbaijani authorities to cease politically motivated persecution and pressure against activists and journalists," the statement declared.

Freedom Now also issued a statement regarding the arrests of Hasanli, Vagifgizi, and Kekalov, stating, "We urge the Azerbaijani authorities to release them immediately and drop all charges."