By Kevin Kim
Impunity Watch Reporter, Middle East

BAKU, Azerbaijan – An Azerbaijani newspaper editor was sentenced on Tuesday to eight and a half years in prison over an article on Iran. The Court for Grave Crimes convicted Eynulla Fatullayev, the founder and editor of the now extinctReal Azerbaijan and Azerbaijan Daily newspapers, on charges of terrorism, incitement of ethnic hatred and tax evasion. The decision came amid a steady rise in the Azerbaijan authorities’ harassment of independent press this year.

This is the second time Fatullayev has been brought to trial this year. In April, he was sentenced to two and a half years in prison for dubious libel charge.

His lastest trial focused on terrorism charge in which an article in Real Azerbaijan listed various facilities in Azerbaijan to be in danger of retaliation if the government chooses to support the American military action against Iran. Even though the former Soviet republic pledged that it will not assist U.S. in its operation, people along the border live with constant rumors over the possibility that the United States could use their territory to attack neighboring Iran. The charge of inciting racial hatred also derived from this article when he warned that this policy could revive ethnic tension within Azerbaijan.

Furthermore, Fatullayev was fined more than 200,000 Manat (approximately $235,000) for alleged tax evasion.

Fatullayev’s lawyer believes that neither the terrorism and its related charges nor the tax evasion charge can be substantiated with plausible evidence. Rights group around the globe also questions how the commentary could be construed as advocating ethnic hatred and warrants a criminal prosecution. In addition, his lawyer believes that reported calcuation behind the tax evasion charge was erroneous.

Fatullayev denounced the verdict as politically motivated. Fatullayev is known in Azerbaijan for his frequent criticism of the government. Consequently, he has been a victim of harassment and intimidation for many years. His father was once kidnapped and the kidnappers threatened to kill both Fatullayev and his father unless he stopped publishing his newspapers. His father was eventually released, but the kidnappers remained at large. Fatullayev and his family also received many death threats but Azerbaijan authorities refused to investigate these claims.

A US based rights organization rated that Azerbaijan is among the world’s worst ten states for press freedom.

For more information, please see:

Associated Press – Azerbaijan editor jailed over article – 1 November 2007

Amnesty International – Prisoner of conscience sentenced to a further eight and a half years’ imprisonment – 1 November 2007

Reporters Without Borders – Long jail term for newspaper editor confirms Azerbaijan’s poor ranking in world press freedom index – 31 October 2007

Human Rights Watch – Outspoken editor sentenced to eight years and six months – 30 October 2007

Reuters – Azeri court quadruples jailed reporter’s sentence – 30 October 2007

By Laura Zuber
Impunity Watch Reporter, Middle East

HEBRON, West Bank – On October 29, nearly 300 Palestinians living on the Israeli side of the separation barrier were handed eviction orders by Israeli soldiers.  Soldiers broke up the encampment and told the 27 families to move to Idhna village, located on the other side of the barrier.  No comment is available from Israeli authorities.

The separation barrier, approved by the Israeli government in 2002, is a combination of concrete wall, barbed wire, and fencing separating Israel from the West Bank.  Israel maintains that the purpose of the barrier is security; to prevent bombers from entering Israel.  Israel began building the separation barrier in 2002 and has completed 56% of the planned route.  Of the 260 km remaining, 100 km are currently being disputed in Israeli court and 160 km are still in the planning phase.

Some Israelis, Palestinians, and the international community condemn the barrier as contrary to international law and causing serious humanitarian crises.  Their argument rests on the fact that the barrier is not built on the “Green Line” – the internationally recognized border between Israel and the West Bank – but rather “snakes” into Palestinian lands in the West Bank.  The route creates niches of Palestinians villages surrounded by the barrier, limiting the resident’s access to the West Bank and more importantly, their farmland.

According to the Ministry of Defense, as of March 2007, there were 39 petitions concerning the separation barrier waiting to be heard by Israel’s Supreme Court; 28 of them involved objections to the planned route.  In September 2007, the court ordered Israel to re-route the barrier in the Bilin area. The three-judge panel ruled unanimously that the planned route was “highly prejudicial” against the villagers and ordered that an alternative route be mapped out.

The Israeli Supreme Court held that the villagers were being discriminated against by having their land seized and their olives trees cut down for construction.  While Bilin residents celebrate, the Israeli Supreme Court has rejected petitions in the past, holding that Israel’s security interests outweigh the negative impacts on Palestinians when no alternative route exists.  However, in 2004, the International Court of Justice held that building the barrier along the planned route is contrary to international law and construction of the wall on occupied territory should be suspended.

For more information, please see:

Jerusalem Post – Fence section completion since July: 0 – 31 October 2007

AFP – Israel evicts Palestinians on “wrong” side of barrier – 29 October 2007

AFP – Court orders Israel to re-route barrier – 4 September 2007

Ministry of Defense – Status report – legal aspects of the Security Fence – 1 March 2007

International Court of Justice – Advisory Opinion – 9 July 2004