Newspaper journalist with TB finally freed under presidential pardon

Reporters Without Borders is relieved to learn that Mushfig Huseynov, a journalist who wrote for the daily Bizim Yol, has finally been released after serving two years of a five-year sentence which it always regarded as politically motivated. “Keeping him in jail after his tuberculosis reached an advanced stage was absolutely criminal and, as a result, his state of health is now very poor,” Reporters Without Borders said. “His health could have been spared if he had been released earlier, as we kept requesting.” Huseynov was freed on 26 December under a decree signed by President Ilham Aliev the previous day pardoning a total of 99 detainees. As he left the prison, Huseynov said: “I cannot say that I am well. I am going to continue receiving treatment (...) But I plan to go back to working as a journalist.” Convicted of “passive corruption” under article 311.1 of the criminal code in January 2008, Huseynov was given a six-year sentence that was reduced to five years on appeal. He was arrested after writing about several cases of alleged corruption within the ministry of labour and social security, and the investigation was carried out with a complete lack of transparency by the National Security Agency. He was always held in conditions that were inappropriate for his state of health. His request for early release was rejected in May of this year and again, on appeal, on 22 July. Thereafter, his health declined steadily and he was admitted to Baku central prison hospital No. 3 on 14 October. The treatment he received there resulted in little improvement and he continued to lose weight. His brother said he was kept in a damp room although he needed to breathe dry air. An international solidarity campaign was launched on his behalf after an opposition activist, Novruzali Mammadov, died in a prison hospital on 17 August in the absence of appropriate care. Reporters Without Borders repeatedly requested appropriate treatment for Huseynov and then called for his release on medical grounds under article 78 of the criminal code and article 167.06 of the code on the administration of sentences. After writing to President Aliev twice, in October 2008 and November of this year, the organisation voiced its concern to the Red Cross, several embassies in Baku and finally to the French authorities when President Aliev visited Paris at the start of this month. ------------------------------------------ 22.07.2009 - Baku appeal court refuses to release sick journalist from prison An appeal court in the capital Baku on 20 July turned down a plea for the release on medical grounds of journalist, Mushfig Huseynov, upholding the decision of a court in Azizbekov delivered on 27 May. The journalist, sentenced to six years for allegedly accepting a bribe, must now remain behind bars and will be banned from practising his profession for two years following his release. “We are outraged by decision of the Baku appeal court, which like the court in Azizbekov, breaches the Azeri criminal code that provides for the release of a prisoner on medical grounds”, the worldwide press freedom organisation said. “Huseynov’s poor state of health, after spending 18 months in prison, makes his release more justified than ever,” it added. Lawyer for the journalist, Isakhan Ashurov, told Reporters Without Borders: “The Baku appeal court decision is unfounded. The court failed to take into account the fact that Huseynov has tuberculosis and is extremely ill”. ------------------------------- 28.05.2009 - Court breaks law by refusing to release journalist on health grounds A Baku court yesterday rejected a request for the release of Mushfig Huseynov, a reporter with the daily Bizim Yol, who has had serious health problems since he was jailed in January 2008 for allegedly taking a bribe. “Huseynov’s state of health is grounds for immediate release,” Reporters Without Borders said. “The law requires it. Prison conditions in Azerbaijan are appalling and do not allow detainees in a poor health to receive adequate medical attention. The judicial authorities must reconsider this decision.” Article 78 of the criminal code and article 167 of the penal code provide for a detainee’s release on medical grounds. The court’s ruling nonetheless means that Huseynov will have to continue serving his sentence in a Baku prison. Huseynov was sentenced to six years in prison on a corruption charge on 21 January 2008. He was alleged to have accepted a bribe of 3,500 dollars from an employee of the ministry of labour and social security. Two other journalists are currently detained in Azerbaijan – Ganimat Zahidov of the opposition daily Azadlig and Eynulla Fatullayev, the editor of two dailies, Gundelik Azerbaijan and Realny Azerbaijan. Sakit Zahidov of Azadlig was freed on 9 April after being pardoned by President Ilham Aliev. Azerbaijan was ranked 150th out of 173 countries in the 2008 Reporters Without Borders press freedom index. President Aliev is also on the Reporters Without Borders list of “Predators of Press Freedom.”