OSCE media watchdog asks Azerbaijan President to initiate law reform as editor is jailed for libel

VIENNA, 3 March 2006 - The OSCE Media Freedom Representative Miklos Haraszti has written to Azerbaijan's President, Ilham Aliyev, reminding him of his call a year ago for a moratorium on the use of criminal defamation against the media.

In his letter, Mr Haraszti raised the case of Samir Adigozalov, the editor and founder of the newspaper Boyuk Milat, sentenced last week to one year's imprisonment for libelling the rector of the Baku University and newly elected Member of Parliament.

"I am very concerned about the severity of this sentence," wrote Haraszti.

Referring to the President's speech a year ago, after the murder of prominent journalist, Elmar Husseynov, in which the President urged government officials to refrain from filing lawsuits against the media, Mr Haraszti said it was now time for the Head of State to push for permanent reform of the libel law.

"I have praised your practical moratorium on criminal persecution of journalists on many occasions. I valued it as a very important first step towards the complete decriminalization of libel and defamation in your country," wrote Haraszti in his letter.

"However, even the expressions of good will at the highest level are not sufficient to guarantee media freedom if speech offences remain criminal acts, bearing in mind this latest case of imprisonment," the Representative added.

Mr Haraszti asked the President to maintain the momentum of his earlier initiative by taking the necessary legislative steps.

"The reform could start with an official moratorium on criminal suits against journalist, and be completed by removing the libel, defamation and verbal insult provisions from the Criminal Code. Simultaneously, civil law should be revised, particularly with regard to rational ceilings for damage payments, so that it can handle defamation offences in a measured way," wrote Haraszti.