Wrongful Detention: The Plight of Independent Journalists in the CIS

Situation Critical

Mukhtarli was an outspoken critic of the Azerbaijani government and has been living in self-imposed exile in Georgia since 2015. On the evening of 29 May, Mukhtarli was on his way to meet his wife, Leyla Mustafayeva, and another Azerbaijani journalist in the capital, Tbilisi. He never arrived, and Mustafayeva was informed the following day that her husband was being held in pre-trial detention in Azerbaijan on charges of illegal border-crossing and smuggling. Mukhtarli reportedly said through his lawyers that unknown assailants abducted him in Tbilisi, beat him, forcibly placed EUR 10,000 in his pocket, and drove him across the border to Azerbaijan. He remains in detention in Azerbaijan’s capital, Baku, while the international journalists’ advocacy group, Reporters Sans Frontières (RSF), and various regional and international human rights organisations continue to demand his release.

Mukhtarli’s case has generated considerable international publicity and several antigovernment protests in Georgia, especially over the alleged role of Georgian security services in his abduction. Georgian Prime Minister, Giorgi Kvirikashvili, strictly denied the involvement of any state bodies. However, most observers hold that even if Azerbaijani secret services abducted him, they could not have done it without some collusion from local authorities, not least because Mukhtarli’s passport remains in Tbilisi. “It is the Georgian government’s responsibility to provide safety for people residing in this country,” said Mustafayeva. Facing domestic and international pressure, the Georgian government suspended several intelligence and border security officials, until an investigation has been completed. Almost four months since the abduction, there is still no sign of when this investigation will conclude.

Mukhtarli is one of several journalists and activists who have fled Azerbaijan in recent years, amidst an increased government crackdown on the press, and found refuge in Georgia. Mukhtarli reportedly helped some of them resettle in Georgia, which supposedly raised the ire of the Azerbaijani government. This has placed Georgia in an uncomfortable position, as although it wants to be seen as a ‘Western-style’ democracy, it also wants to maintain good relations with Azerbaijan, a major foreign investor and source of energy supplies. As such, Georgian authorities have reportedly refused to grant residency permits to several Azerbaijani opposition activists over the past year. This does not prove their complicity in Mukhtarli’s abduction, but is certainly indicative of the country’s hesitancy in being a safe haven for Azerbaijani dissidents.

Unexpected Reaction

The widespread backlash surrounding this case, however, has put the Georgian government on the back foot. In early June, Prime Minister Kvirikashvili offered Georgian citizenship to Mustafayeva. She rejected it and reportedly said, “Last year I applied for a Georgian residency permit. I was told I had a high-risk occupation [investigative journalism] and it was not compatible with Georgia’s national interests. So now that my husband is arrested I am no longer dangerous?” The government is also wary of potential political repercussions at home. Although by regional standards there is an open media environment, disputes over the ownership of pro-opposition channel, Rustavi 2, has raised concerns about threats to media freedom. These factors are likely to see Georgia provide greater protection to Azerbaijani dissidents in the near future.

Mukhtarli’s fate is uncertain, although he is unlikely to be released in the short- to mediumterm. Independent journalists - particularly those who investigate government corruption or human rights scandals - continue to face the threat of wrongful detention in Azerbaijan. The arrest of prominent investigative journalist, Khadija Ismayilova, in December 2014 attracted significant international condemnation, which likely resulted in her eventual release in 2016. Others have not been equally fortunate. For example, Elcin Ismayilli, an independent journalist known for his criticism of the government was sentenced to nine years in prison in September 2017 on extortion charges, a case that has been widely condemned as politically motivated. In June 2017, Fikret Faramazoglu, another independent journalist who reported on corruption within law enforcement, was sentenced to seven years in prison on extortion charges. The status quo is unlikely to change unless there is significant international pressure, for example sanctions, which is unlikely in the short term.

RSF’s 2017 World Press Freedom Index ranks Azerbaijan 162th out of 180 countries. Only Uzbekistan (169th) and Turkmenistan (178th) are ranked lower among the CIS countries. Since the death of Uzbekistan’s long-time authroritarian leader, Islam Karimov, in September 2016, there have been speculations about political liberalisation and media reforms under his successor, Shavkat Mirziyoyev. The country’s heavily censored state media outlets have reportedly started criticising certain government policies, regional leaders and state agencies, albeit very cautiously. Furthermore, in February 2018, Muhammad Bekjanov, a former editor of Erk, an opposition newspaper, was released after 18 years in prison. He is one of several political prisoners freed under Mirziyoyev. While these developments should be welcomed, they do not represent any fundamental changes to the country’s overly restrictive political and media environments. Once Mirziyoyev fully consolidates his power, the little openings in political expression are unlikely to advance any further, as was the case during Karimov’s rule.