International lawyer Amal Clooney has taken on the case of imprisoned investigative journalist Khadija Ismayilova, signaling hope for media freedom in Azerbaijan and striking fear in the hearts of repressive regimes everywhere.
Khadija Ismayilova, 37, is an investigative journalist from the former-Soviet state of Azerbaijan. She dug into the regime of President Ilham Aliyev, whose government has been described as a “pretty tightly structured criminal organization” by Sarah Chayes of the Carnegie Endowment for International Peace.[1] Ismayilova worked as a reporter with the Radio Free Europe/Radio Liberty Baku offices before they were raided and shut down in December 2014, and is a partner of the investigative journalism nonprofit called the Organized Crime and Corruption Reporting Project.*[2][3]
Ismayilova found suspicious contracts, extensive wealth, and previously unknown properties held in the name of President Aliyev’s family members.[4] According to OCCRP, her 2014 investigation linked Aliyev’s daughters to Azercell Telecom, one of the largest mobile-phone operators in Azerbaijan.[5]
But a journalist cannot accuse a dictatorial head of state of corruption and fraud and get away with it. She was initially arrested in December 2014 on charges of the “incitement of suicide” of a colleague. After nearly a year in pre-trial detention and the dropping of the initial charges, Ismayilova was sentenced to 7.5 years in prison for tax evasion, embezzlement, abuse of power, and “illegal entrepreneurship.”[6][7]
Ismayilova is not Amal Clooney’s first journalist client. Clooney, 38, is a British-Lebanese international human rights lawyer who has defended Mohamed Fahmy, prominent Al Jazeera journalist, and Julian Assange, the head of WikiLeaks.[8]
Ismayilova is known for her integrity, her determination, and her laughter in the face of the dictatorial regime that has done everything it can to suppress her writing. She remains smiling and hopeful in many of her photographs and her letters released since her arrest. Published by the New York Times and RFE/RL, Ismayilova tells the world:
“What is a 7 1/2 year sentence? It does not frighten me…I am so much wealthier than all the corrupt men and women I have written about. Because I have values for which I am ready to even sacrifice my life.”[9][10]
Ismayilova’s fortitude is inspiring, but her situation is not unique. She is one of eight reported imprisoned journalists in Azerbaijan in 2015, of a total 199 journalists worldwide.[11] U.S. citizens must take note of the case of Khadija Ismayilova. Despite our place as the self-proclaimed “land of the free,” the freedoms we are guaranteed can just as easily be snatched away.
For those paying attention to Azerbaijani politics, Ismayilova’s case is heartbreaking but unsurprising. Azerbaijan is designated “not free” by NGO Freedom House’s Freedom of the Press 2015 report, ranking 188th worst out of 199 countries evaluated.[12] Reporters Without Borders ranked the country as 162nd out of 180 countries and described the viable choices for reporters and bloggers in the country: “shut up, flee abroad, or be jailed on trumped-up charges.”[13][14]
For the U.S., there is still time to prevent such “Trumped-up” charges against journalists or oppositional actors. Several U.S. House Representatives have denounced the Aliyev regime for its suppression of free speech and journalism, yet the U.S. currently faces one of its greatest threats to its freedoms: a business mogul-turned Republican presidential candidate.[15] On February 26, 2016, we got a taste of what it might look like to have media suppression as the norm. Republican party presidential frontrunner Donald J. Trump told a crowd in Fort Worth, Texas, that he would “open up our libel laws,” to make it easier for himself and others to sue newspapers for “purposely negative and horrible and false” articles.[16]
This past January, Matthew MacWilliams of Politico Magazine asserted that the one trait linking Trump supporters is an “authoritarian inclination.”[17] For those who are undecided or ambivalent toward this presidential candidate, consider what “authoritarianism” entails. For Khadija Ismayilova, it means jail time for her journalism.
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Trump has been characteristically vague in his “libel law” proposal, but is consistent in his condemnation of the media:
“When people write incorrectly about you, and you can prove that they wrote incorrectly, we’re going to get them through the court system to change, and we’re going to get them to pay damages.”[18]
When pressed on his stance in a March 2016 interview with the The Washington Post, Trump stated, “All I want is fairness.”[19]
Trump’s statements have raised concerns regarding how he would approach press freedom in the U.S. if elected. Margaux Ewen of U.S. Reporters Without Borders predicted, “The fear of perpetual lawsuits would have a chilling effect on journalists’ ability to do their job, and many newspapers would likely fold from the cost of defending lawsuits left and right.”[20]
Libel is defamation in the written or tangible form, and is a civil, not a criminal, offense in the U.S. Libel must be done with malicious intent for the libeler to be required to compense their target, according to the Cornell University Law School’s Legal Information Institute. When asked whether he would remove the requirement for intended malice, Trump replied, “I think I would get a little bit away from malice without having to get too totally away.”[21]
As Reporters Without Borders notes, libel is one of the accusations against Ismayilova and one of the tools used to suppress her investigations.[22] In countries around the world, from Bahrain to Kazakhstan, trumped-up libel and defamation laws are used to silence journalists and activists.[23][24] In Bahrain, according to Freedom House, “The criminal defamation laws make it difficult to provide critical coverage of public figures, and they are frequently used to squelch reporting on corruption.”[25]
The U.S. has been labeled “free” and is tied for 31st press freedom in the world by Freedom House. Reporters Without Borders, however, ranked the U.S. lower at 49th out of 180 countries in their 2015 report. Both Freedom House and RSF expressed concerns about clashes between reporters and police in demonstrations in Ferguson, Missouri, as well as a lack of a “federal shield law” that would protect journalists from revealing their sources or confidential information.[26][27]
With the implementation of Trump’s proposed libel law extensions, these rankings would surely sink lower and lower. Many leading human rights activists and government critics have fled Azerbaijan due to fear of persecution or imprisonment.[28] If the President of the United States promoted such media oppression, who’s to say what would happen to our own journalists, our human rights defenders, our Amal Clooneys?
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Mr. Trump responded to accusations of violations of basic human rights, “We’re not going to do anything with freedom of the press. Freedom of the press is vital, it’s important, it’s a cleansing system, it’s totally something that we can’t touch.”[29]
For a candidate known for inconsistency in his stated opinions, his defense of the freedom of expression feels insincere. The effect is indeed chilling.
If we hope to maintain our ability to criticize our government freely, for our journalists to uncover the secrets of our power-holders, our politicians, and our businesspersons, without fear, we must reject this authoritarianism, this attack on a basic freedom. Libel, slander, and defamation laws exist for a reason: to ensure that we can think, speak, and write critically of the individuals who hold so much power in our lives.
The U.S. political system must take a look in the mirror. It must hold itself to the same standards to which it attempts to hold others. In 2016, this means thinking long and hard before entering the voting booth. If we do see the election of authoritarianism this fall, better call Amal.
*Kara interned at OCCRP from January to May 2015. The writing and opinions expressed in this article are entirely her own.
[1] Corey Flintoff, “As Oil Prices Drop, Azerbaijan Looks For Help From International Loans,” National Public Radio, last modified March 10, 2016, http://www.npr.org/2016/03/10/469897713/as-oil-prices-drop-azerbaijan-looks-for-help-from-international-loans.
[2] Victoria Macchi, “Azerbaijan Authorities Raid, Close Radio Free Europe Bureau,” Voice of America, last modified February 27, 2014, http://www.voanews.com/content/radio-free-europe-bureau-raided-by-azerbaijan-authorities/2574415.html.
[3] Georgina Rannard, “Amal Clooney Takes on Azerbaijan to Free Another Jailed Journalist,” United Nationa Dispatch, last modified February 9, 2016, http://www.undispatch.com/amal-clooney-takes-on-azerbaijan-to-free-another-jailed-journalist.
[4] “When They Lock Up the Truth: Khadija Ismayilova and the Latin America Connection,” Global Voices, last modified February 14, 2016, https://globalvoices.org/2016/02/14/when-they-lock-up-the-truth-khadija-ismayilova-and-the-latin-america-connection/.
[5] “Azerbaijan: Khadija Ismayilova Sentenced to 7.5 Years in Prison,” Organized Crime and Corruption Reporting Project,” last modified September 1, 2015, https://www.occrp.org/en/daily/4354-azerbaijan-khadija-ismayilova-sentenced-to-7-5-years-in-prison.
[6] Christiane Amanpour, “Amal Clooney on Fmr. Maldives Pres.’ emotional reunion,” CNN, last modified January 26, 2016, http://edition.cnn.com/videos/world/2016/01/26/intv-amanpour-clooney-nasheed.cnn.
[7] H.R.4264 – Azerbaijan Democracy Act of 2015, U.S. 114th Congress (2015-2016), last modified December 16, 2015, https://www.congress.gov/bill/114th-congress/house-bill/4264/text.
[8] ] Victoria Macchi, “Azerbaijan Authorities Raid, Close Radio Free Europe Bureau,” Voice of America, last modified February 27, 2014, http://www.voanews.com/content/radio-free-europe-bureau-raided-by-azerbaijan-authorities/2574415.html.
[9] Khadija Ismayilova, “Letter from Azerbaijan Jail: Khadija Ismayilova Speaks Out,” New York Times, last modified June 12, 2015, http://www.nytimes.com/2015/06/12/opinion/letter-from-azerbaijan-jail-khadija-ismayilova-speaks-out.html.
[10] “Khadija Sentenced To 7 Years and 6 Months,” Azadliq Radiosu (Radio Free Liberty/Radio Europe), last modified December 8, 2016, http://www.azadliq.org/contentlive/liveblog/26731726.html?liveshare=68970#featured.
[11] “2015 prison census: 199 journalists jailed worldwide,” Committee to Protect Journalists, last modified December 1, 2015, https://cpj.org/imprisoned/2015.php.
[12] “Freedom of the Press 2015: Harsh Laws and Violence Drive Global Decline,” Freedom House, last modified April 2015, https://freedomhouse.org/sites/default/files/FreedomofthePress_2015_FINAL.pdf.
[13] “Freedom of the Press 2015: Azerbaijan,” Freedom House, accessed March 26, 2016, https://freedomhouse.org/report/freedom-press/2015/azerbaijan.
[14] “2015 World Press Freedom Index: Details about Azerbaijan,” Reporters Without Borders, accessed March 26, 2016, http://index.rsf.org/#!/index-details/AZE.
[15] H.R.4264 – Azerbaijan Democracy Act of 2015, U.S. 114th Congress (2015-2016), last modified December 16, 2015, https://www.congress.gov/bill/114th-congress/house-bill/4264/text.
[16] Jose A. DelReal, “Trump, taking aim at the press, vows again to ‘open libel laws’” The Washington Post, last modified February 29, 2016, https://www.washingtonpost.com/news/post-politics/wp/2016/02/29/trump-taking-aim-at-the-press-vows-again-to-open-libel-laws/.
[17] Matthew MacWilliams, The One Weird Trait That Predicts Whether You’re a Trump Supporter,” Politico Magazine, last modified January 17, 2016, http://www.politico.com/magazine/story/2016/01/donald-trump-2016-authoritarian-213533.
[18] Jose A. DelReal, “Trump, taking aim at the press, vows again to ‘open libel laws’” The Washington Post, last modified February 29, 2016, https://www.washingtonpost.com/news/post-politics/wp/2016/02/29/trump-taking-aim-at-the-press-vows-again-to-open-libel-laws/.
[19] “A transcript of Donald Trump’s meeting with The Washington Post editorial board,” DonaldJTrump.com, last modified March 21, 2016, http://www.donaldjtrump.com/media/a-transcript-of-donald-trumps-meeting-with-the-washington-post-editorial-bo
[20] “Donald Trump wants to sue newspapers for publishing “purposely negative stories,” Reporters Without Borders, last modified February 29, 2016, https://en.rsf.org/united-states-donald-trump-wants-to-sue-29-02-2016,48877.html.
[21] “A transcript of Donald Trump’s meeting with The Washington Post editorial board,” DonaldJTrump.com, last modified March 21, 2016, http://www.donaldjtrump.com/media/a-transcript-of-donald-trumps-meeting-with-the-washington-post-editorial-bo
[22] “Petition: President Aliyev: release Khadija Ismayilova,” Reporters Without Borders, accessed March 26, 2016, https://rsf.org/en/president-aliyev-release-khadija-ismayilova.
[23] Legal Information Institute, “Libel,” Cornell University Law School, accessed March 26, 2016, https://www.law.cornell.edu/wex/libel.
[24] “Freedom of the Press 2014: Bahrain,” Freedom House, accessed March 26, 2016, https://freedomhouse.org/report/freedom-press/2014/bahrain.
[25] “Freedom of the Press 2013: Kazakhstan,” Freedom House, accessed March 26, 2016, https://freedomhouse.org/report/freedom-press/2013/kazakhstan..
[26] “Freedom of the Press 2015: United States,” Freedom House, accessed March 26, 2016, https://freedomhouse.org/report/freedom-press/2015/united-states.
[27] “2015 World Press Freedom Index: Details about United States,” Reporters Without Borders, accessed March 26, 2016, http://index.rsf.org/#!/index-details/USA.
[28] “European Parliament resolution on the human rights in Azerbaijan,” European Parliament, last modified September 8, 2015, http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-0856&language=DE.
[29] Jose A. DelReal, “Trump, taking aim at the press, vows again to ‘open libel laws’” The Washington Post, last modified February 29, 2016, https://www.washingtonpost.com/news/post-politics/wp/2016/02/29/trump-taking-aim-at-the-press-vows-again-to-open-libel-laws/.
