2. Violence, harassment and intimidation against journalists and activists

21. The Commissioner has been especially concerned by reports of threats, harassment, and violence against journalists or human rights activists which have not been investigated.7 Moreover, a number of media professionals expressed concerns that, in view of the forthcoming parliamentary elections in Azerbaijan in 2010, this repression could increase against journalists linked to the opposition.

22. The Commissioner’s visit coincided with the commemoration of the five-year anniversary of the death of the journalist Elmar Huseynov, who was killed in Baku on 2 March 2005. Whereas the official investigation into Mr Huseynov’s killing has concluded that two suspects who are regarded by the Azerbaijani authorities as the “main actors” of the murder are in hiding in Georgia,8 various media professionals and non-governmental organisations have expressed the view that this case has not been properly investigated. The Commissioner appeals to the authorities to promptly bring the perpetrators, as well as those who ordered this murder, to justice.

23. The Commissioner was deeply saddened to learn of the death of the 68-year-old Professor Novruzali Mammadov, whose case he had been following closely, both due to concerns about the reasons behind his imprisonment and about his conditions of detention, having regard to his advanced age and poor state of health. Novruzali Mammadov, the editor of the Talysh-language newspaper Tolishi Sedo, was charged with high treason and began serving a ten-year prison sentence in February 2007, following court proceedings held behind closed doors.

24. The Commissioner wrote to the Azerbaijani authorities to ask for information about the manner in which events leading to his death occurred, including the diagnosis of his condition and the treatment provided to him, as well as the cause of his death. In their written response, the authorities informed the Commissioner that Novruzali Mammadov had been transferred to the prison hospital on 28 July 2009, following the deterioration of his state of health. He was examined by several doctors there and “relevant treatment was prescribed to him in accordance with the diagnosis.” On 17 August 2009, his health suddenly deteriorated and in spite of urgent medical intervention he deceased at 6 pm. The cause of death was identified as “acute disorder of cerebral circulation as a result of cerebral thrombosis”.

25. Mr Mammadov’s wife and son have initiated a lawsuit against the Finance Ministry, the Penitentiary Service, the Chief Medical Office of the Justice Ministry, Prison No. 15 and the prison hospital for the journalist’s death. On 27 January 2010, a local court rejected the lawsuit. Having regard, inter alia, to the concerns which have been raised that Novruzali Mammadov may not have been given adequate medical attention, the authorities should ensure that an effective and independent investigation is conducted into his death and share information about it with his relatives, in accordance with the case-law of the European Court of Human Rights.9