28 February 2011
Minister Ahmet Davutoğlu
Chairman of the Committee of Ministers
Council of Europe
Dear Minister Davutoğlu,
We, the undersigning member organisations of the International Partnership Group for Azerbaijan, are writing with regards to the case of Fatullayev v. Azerbaijan (Application no. 40984/07). We wanted to thank the Committee of Ministers for its attention to this case, including the Committee’s decision of 6 December 2010 noting concern regarding Eynulla Fatullayev’s continued detention and calling on the Azerbaijani authorities to explore all possible means of ending his detention.
We are deeply concerned that Mr Fatullayev remains wrongfully imprisoned, as the Azerbaijani Government continues to refuse to comply with the Committee’s decision and the 22 April 2010 judgment of the European Court of Human Rights ordering Mr Fatullayev’s immediate release. This demonstrates a failure by a Council of Europe Member State to comply with its obligations under the European Convention on Human Rights.
We urge the Committee to consider Mr Fatullayev’s case as a matter of critical priority, and request that you include a debate on this case on the list of items for consideration during the next human rights meeting of the Committee from 8-10 March. We further urge the Committee to take every appropriate action to address the Azerbaijani Government’s failure to execute the Court’s judgment, including issuing an interim resolution as an outcome of the 8-10 March meeting.
Thank you for your attention to the points we have raised, in response to which we hope you will take prompt action. We stand ready to provide any further information which may be of assistance to the Committee in its consideration of this case. Please direct any queries or responses to Rebecca Vincent at +44 (0)20 7324 2500 or rebecca@article19.org.
Sincerely yours,
Agnès Callamard, Executive Director, ARTICLE 19
Nina Ognianova, Europe and Central Asia Program Coordinator, Committee to Protect Journalists
Philip Leach, Director, European Human Rights Advocacy Centre
David Kramer, Executive Director, Freedom House
Ane Tusvik Bonde, Regional Manager for Eastern Europe and Caucasus, Human Rights House Foundation
Natasha Schmidt, Assistant Editor, Index on Censorship
Oliver Money-Kyrle, Deputy Secretary General and Projects Director, International Federation of Journalists
Milica Pesic, Executive Director, Media Diversity Institute
Gugulethu Moyo, Executive Director, Media Legal Defence Initiative
Bjørn Engesland, Secretary General, Norwegian Helsinki Committee
Sara Whyatt, Interim Executive Director, PEN International
Jean-François Julliard, Secretary-General, Reporters Without Borders
Virginie Jouan, Executive Director, Press Freedom and Media Development, World Association of Newspapers and News Publishers (WAN-IFRA)
CC: Mr Simon Palmer
Secretariat of the Committee of Ministers
Council of Europe
Via e-mail: simon.palmer@coe.int
Ms Geneviève Mayer and Ms Charlotte de Broutelles
Directorate General of Human Rights and Legal Affairs
Department for the Execution of Judgments of the European Court of Human Rights
Council of Europe
Via facsimile: +33 (0)3 88 41 27 93
Via e-mail: genevieve.mayer@coe.int and charlotte.debroutelles@coe.int
Mr Lukas Heim and Ms Anne Weber
Office of the Commissioner for Human Rights
Council of Europe
Via facsimile: +33 (0)3 90 21 50 53
Via e-mail: lukas.heim@coe.int and anne.weber@coe.int
Photograph (c) Francois Schnell.