The International Press Institute (IPI) welcomes a decision by the European Court of Human Rights ordering the immediate release of Eynulla Fatullayev, an Azeri journalist who was sentenced in 2007 to eight-and-a-half years in prison for defamation and “fomenting terrorism” through his articles.

The Court yesterday voted six to one that Azerbaijan had violated Fatullayev’s rights, and had “grossly” and “disproportionately” restricted freedom of expression by imprisoning him. According to a statement on the Court’s website, the judgment recalled that “freedom of information applied not only to information or ideas that were favorably received, but also to those that offended, shocked or disturbed.”

The Court also ordered Azerbaijan to pay the journalist 27,822 Euros in damages and expenses.

“We commend the decision of the European Court of Human Rights,” said IPI Deputy Director Alison Bethel McKenzie. “Fatullayev’s innocence has been proven beyond doubt, and this campaign of harassment against him must end. We call on Azerbaijan to immediately release the journalist.”

Fatullayev, the founder and editor-in-chief of the newspapers Gündəlik Azərbaycan, and Realny Azerbaijan, was imprisoned in 2007 on charges of criminal defamation relating to an article he had written in 2005. Later the same year, the Azeri government argued that another article he had written in March 2007 constituted a threat of terrorism. Fatullayev was found guilty on both counts, and sentenced to a total of eight-and-a-half years in prison.

IPI has long been campaigning for Fatullayev’s release. Our Justice Denied campaign calls attention to Fatullayev’s plight.

In December 2009, 0.223 grams of heroin were found on Fatullayev. The journalist was placed under investigation for the illegal possession of drugs – a charge many believe was fabricated to prevent his release in the event that the ECHR found in his favor. According to the Institute for Reporters’ Freedom and Safety (IRFS), a Baku-based NGO that has been extensively involved in the case, the investigation into the case has been concluded and the charge is now being considered at a district court in Azerbaijan.

The drugs charge comes up for a second hearing on Monday, 26 April, according to the IRFS.

“We hope that the government will release Fatullayev, at least to maintain a favorable image in front of the international community” IRFS Chairman Emin Huseynov told IPI.

Speaking to IPI from Baku, Chairman of the International Eurasia Press Fund (IEPF) and the Azerbaijan IPI National Committee Umud Mirzayev said: “The journalist community in Azerbaijan welcomes the development concerning the EU court on Human Rights. It wouldn’t have mattered whose case was considered, Eynulla or any of the other imprisoned journalists in Azerbaijan, the declaration by the EU court on Human Rights is encouraging and we hope that more advancement would be made in this regard.”

According to research conducted by the IPI National Committee in Azerbaijan, nine journalists were brought to court on criminal charges in the first two months of 2010 alone. Another 13 were harassed or physically intimidated. Azerbaijan is among the top jailers of journalists in the world.