Azerbaijan: jailed journalists Fatullaev transferred from dungeon to general colony

On Thursday, March 31, the imprisoned journalists Einullah Fatullaev was taken out of the dungeon of the penitentiary establishment No. 1 and sent to its general area. The journalist fears for his life, but refutes the information that he had applied to the President for pardon.

After March 2, Fatullaev was in the dungeon on his own will, because he believes that there was threat to his safety from criminal elements. However, on March 31 Fatullaev's maximum possible term of staying in the dungeon (30 days) expired.

The "Caucasian Knot" correspondent learnt from Anar Gasymov, Fatullaev's advocate, that "the journalist has left the dungeon on his own will, although the threat to his safety and life has not passed away."

According to Mr Gasymov, Fatullaev appealed to the Ministry of Justice asking to provide him with "a helmet and an armour vest" for fear of "an attack by criminals" who had previously threatened to kill him.

The lawyer also said that on May 6 one third of the sentence served by the journalists on the charge of drug possession will expire. If Fatullaev is not pardoned before that, he will apply to the court on his CER (conditional early relief).

At the end of his 30-day-long stay in the dungeon of colony No. 1, journalist Fatullaev addressed the public of Azerbaijan with an open letter.

According to his version, while at the Baku SIZO (pre-trial prison), he twice confronted, on October 19 and November 17, with the head of that establishment Elkhan Sadykhov and his hired criminal squad. "They wanted to draw me into a provocation but failed," said Fatullaev.

"Later a very well-known criminal boss warned me that the authorities were trying to use criminal elements against me, and advised me to be extremely cautious," further emphasized the journalist.

According to his story, despite the threats at the Baku SIZO, "with the help of the Almighty and conscientious people" he managed to survive. However, Fatullaev did not specify the details of provocations against him and who particularly warned him about the danger.

Further Fatullaev notes in his letter that because of the threat to his life, he had persistently asked to transfer him from the SIZO to colony No. 9, where he would have felt more or less safe. Moreover, as he notes, apart from himself, similar requests were addressed to the authorities by the officials of the European Commission, rapporteurs of the PACE, the Ombudsman and many local NGOs. However, contrary to expectations, according to Fatullaev, he was transferred to "the most dangerous colony."

Fatullaev has also clarified the issue of his appeal to President Ilham Aliev, which was interpreted by some media as his "petition for pardon". The journalist has refuted this fact and noted that had committed no crimes; therefore, there were no grounds to ask for pardon.

According to the journalist, on March 3 he sent a personal letter to President Aliev, while proceeding from the fact that no decisions of the European Court of Human Rights (ECtHR) and other courts would ensure his right to freedom, if "not supported by the will of the head of the state." Fatullaev does not disclose the text of the letter, because he refers in it to discussions of his fate with Aliev by a number of foreign diplomats.

As noted by Fatullaev, his letter to Aliev was inspired by the sufferings, he felt every time when he met his elderly parents at the prison gate. In this regard, he asked the president to release him or, at worst, to send him to emigration.

However, as noted by the journalist, President Aliev gave no answer to his letter, while the pressure and threats had not ceased. He believes that the authorities have converted the fight against him into the "non-legal plane". "But I didn't think that the authorities are so afraid of the free thought and publicity. I'll continue my fight till the last breath - for our and your freedom!" Fatullaev said at the end of his appeal.

In his turn, Mekhman Sadygov, head of the PR division of the Penitentiary Service, has again rejected Fatullaev's allegations about the threat to his safety. He also treated the journalist's words about threats to Fatullaev at Baku SIZO as untrue.