Case History: Leyla Yunus
On 19 April 2016, human rights defenders Leyla and Arif Yunus were allowed to leave Azerbaijan and travel to the Netherlands, where they reunited with their daughter. The human rights defenders will then go to Germany to receive urgent medical treatment. On 11 March 206, a Court in Baku had refused to grant Leyla Yunus and her husband special permission to temporarily leave the country to receive medical treatment abroad. Leyla and Arif Yunus appealed the decision.
Leyla Yunus is the Director of the Institute for Peace and Democracy (IPD), an organisation promoting the rule of law and involved in conflict resolution and peace-building between Azerbaijan and Armenia. The human rights defender and her organisation have faced judicial harassment and intimidation in the past. Leyla Yunus was awarded the Theodor Haecker Prize in 2013 in recognition of her work in combatting corruption and promoting human rights and the rule of law.
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- 19 April 2016 : Leyla and Arif Yunus allowed to travel abroad to receive urgent medical treatment
- 11 March 2016 : Court confirms refusal for Leyla and Arif Yunus to travel abroad for medical treatment
- 11 February 2016 : Human rights defenders Leyla and Arif Yunus denied permission to travel abroad for medical treatment
- 13 August 2015 : Front Line Defenders Condemns the Sentencing of Leyla Yunus and Araf Yunus
- 7 August 2015 : Update: Deteriorating health of human rights defenders during unfair trial
- 8 December 2014 : Open letter to the president of Azerbaijan from Irish writers and journalists concerning the detention of Leyla Yunus
- 25 September 2014 : Human rights defender Ms Leyla Yunus beaten in detention
- 6 August 2014 : Mr Arif Yunus taken into pre-trial custody as Ms Leyla Yunus in need of medical treatment in detention
- 31 July 2014 : Detention of human rights defenders Ms Leyla Yunus and Mr Arif Yunus and travel ban ordered against Mr Rasul Jafarov
- 30 April 2014 : Human rights defender Ms Leyla Yunus prevented from travelling, searched and interrogated
On 19 April 2016, human rights defenders Leyla and Arif Yunus were allowed to leave Azerbaijan and travel to the Netherlands, where they reunited with their daughter. The human rights defenders will then go to Germany to receive urgent medical treatment.
On 11 March 2006, a Court in Baku had refused to grant Leyla Yunus and her husband special permission to temporarily leave the country to receive medical treatment abroad. Leyla and Arif Yunus appealed the decision.
Both human rights defenders suffer from serious health conditions, which worsened during their detention. After spending one year and half in prison, on 10 December 2015 Leyla was released on medical grounds and placed under house arrest, while her husband was released on 12 November. The Appeal Court of Baku replaced their prison terms with a suspended sentence of five years. The charges against them remain in place.
The human rights defenders were originally arrested on 30 July 2014 and sentenced respectively to 8,5 and 7 years in jail on 13 August 2015. They were convicted on charges including tax evasion and fraud, which according to international human rights organisations were politically motivated.
Front Line Defenders welcomes the Court decision to allow Leyla and Arif Yunus to travel abroad, but urges the Azeri authorities to lift the travel bans imposed against other human rights defenders, including Intigam Aliyev. It also expresses grave concern for the ongoing persecution of human rights defenders in the country and calls on the authorities to release human rights journalist Khadija Ismayilova.
On 11 March 2016, the Court of Grave Crimes in Baku confirmed the ruling of the court of first instance and refused to grant special permission to human rights defenders Ms Leyla Yunus and Mr Arif Yunus to leave Azerbaijan temporarily in order to receive necessary medical treatment abroad.
Leyla and Arif Yunus are key figures in Azerbaijani civil society. Leyla Yunus is Director of the Institute for Peace and Democracy (IPD), an organisation engaged in promoting the rule of law in Azerbaijan, as well as conflict resolution and peace-building between Azerbaijan and Armenia, among other issues. The human rights defender and her organisation have faced serious judicial harassment and intimidation in the past. In 2013, she was awarded the Theodor Haecker Prize in recognition of her work. Arif Yunus works to defend the rights of victims of torture and political prisoners, as well as on a peaceful solution to the Nagorno-Karabakh conflict.
On 11 March 2016, the Baku court considered an appeal filed by Leyla and Arif Yunus against the decision of the Yasamal District Court of Baku, which denied the human rights defenders special permission to temporarily travel abroad for medical purposes on 11 February 2016. In its final ruling, the Baku court confirmed the decision of the court of first instance. Leyla and Arif Yunus have announced that they will appeal the decision.
Both human rights defenders are currently in urgent need of surgery and medical care. Leyla Yunus suffers from chronic hepatitis, hypertension, diabetes, and a stone in her gallbladder, causing excruciating pain. Arif Yunus has life-threatening hypertension and suffers from severe pain in his neck.
The request for special permission to leave Azerbaijan was submitted by the human rights defenders in the context of their serving of suspended prison sentences. On 9 December 2015, the Appeal Court of Baku replaced prison terms previously received by Leyla and Arif Yunus with suspended sentences of 5 years. On 13 August 2015, they were convicted by the Court of Grave Crimes in Baku of several charges, including illegal entrepreneurship, tax evasion and fraud, and were sentenced to 8 years and six months imprisonment and 7 years imprisonment, respectively.
Front Line Defenders is concerned at the denial of permission for the human rights defenders to travel, particularly given the state of health of Leyla and Arif Yunus, and urges the authorities of Azerbaijan to ensure their immediate and unrestricted access to all necessary medical treatment.
On 11 February 2016, the Yasamal district Court of Baku decided not to grant Leyla and Arif Yunus permission to temporarily leave Azerbaijan in order to get the necessary medical treatment abroad. Currently, both human rights defenders are in need of urgent surgeries and medical care. Leyla Yunus suffers from chronic hepatitis, hypertension, diabetes, and a stone in her gallbladder, causing excruciating pain. Arif Yunus has a life-threatening hypertension and severe pain in his neck. They have announced that they will appeal the decision of the Yasamal district Court.
On 9 December 2015, the Appeal Court of Baku replaced the prison terms previously received by Leyla and Arif Yunus with suspended sentences of 5 years for each of the two human rights defenders. On 13 August 2015 , Leyla and Arif Yunus were convicted by the Court of Grave Crimes in Baku of several charges, including illegal entrepreneurship, tax evasion and fraud, and were sentenced to 8 years and six months imprisonment and 7 years imprisonment, respectively.
Today, the Court of Grave Crimes in Baku sentenced Leyla Yunus and Arif Yunus to 8 years and six months imprisonment and 7 years imprisonment, respectively.
The Court convicted the couple of all charges, which include illegal entrepreneurship, tax evasion and fraud. In addition to the sentences, the court requested confiscation of their property and bank accounts. All property is to be transferred to the State. The couple also faces a further charge of treason, which is due to be heard before the court in the coming months. If found guilty, this charge can carry a sentence of life imprisonment.
Leyla and Araf Yunus are key figures in Azerbaijani civil society, and their sentencing today is indicative of the continuing crackdown on human rights defenders in the country. The Sport for Rights Coalition released a statement on Friday, 13 August, condemning the conviction.
Leyla Yunus is the Director of the Institute for Peace and Democracy (IPD), an organisation promoting the rule of law and involved, among other issues, in conflict resolution and peace-building between Azerbaijan and Armenia. The human rights defender and her organisation have faced judicial harassment and intimidation in the past. Leyla Yunus wasawarded the Theodor Haecker Prize the Theodor Haecker Prize in 2013 in recognition of her work. Arif Yunus works to defend the rights of victims of torture and political prisoners, as well as on a peaceful solution to the Nagorno-Karabakh conflict.
Throughout the trial that led to the couple's sentencing today, access to the courtroom for international independent observers has been severely restricted. No representatives of the independent press were permitted to attend the hearings held throughout early August.
In addition, the health of both Leyla and Arif Yunus has rapidly deteriorated throughout the trial.
During a trial hearing on 6 August, Arif Yunus lost consciousness, according to the couple's lawyers. As a result, the judge called for a half-hour recess and a doctor was requested. However, even though the doctor did not arrive within that time, all petitions by the defence council to delay the proceedings until the doctor was able to treat Arif were ignored by the judge.
Prior to this, during trial hearings on 3, 4 and 5 August 2015, Arif Yunus had suffered multiple heart problems and had lost consciousness on a number of occasions. The doctor repeatedly administered injections which relieved his symptoms for short periods of time. During the hearing on 3 August he suffered a hypertensive crisis. Despite this, the hearing continued.
Following the hearing on 6 August 2015, the lawyers of the human rights defenders requested 10 days preparation time for the upcoming hearing. The request was refused, and today two of Azerbaijan's leading human rights defenders have been sentenced to a combined 15 years in prison.
Front Line Defenders Executive Director, Mary Lawlor, said of the decision:
"The outrageous sentences imposed on Leyla Yunus and her husband Arif is a travesty of justice and demonstrates the cruel indifference of a corrupt dictatorship to the rule of law and respect for human rights."
Front Line Defenders strongly condemns the sentences of human rights defenders Leyla and Arif Yunus, as it is believed that the charges brought against them are solely motivated by their peaceful and legitimate work promoting and protecting human rights. Further, Front Line Defenders calls upon the authorities to release and cease the targetting of all imprisoned and persecuted human rights defenders in Azerbaijan.
On 6 August 2015, the Baku Court of Serious Crimes continued the trial of human rights defenders Leyla Yunus and Arif Yunus. During the hearing, the prosecutor recommended a sentence of 11 years in prison for Leyla Yunus, and nine years in prison for Arif Yunus based on the charges of large-scale fraud (Article 178.3.2 of the Criminal Code of the Republic of Azerbaijan), tax evasion (Article 213) and forgery (Article 320).
During the trial hearing, Arif Yunus's health rapidly deteriorated and he lost consciousness, according to the couple's lawyers. As a result, the judge called for a half-hour recess and a doctor was requested. However, even though the doctor did not arrive within that time, all petitions by the defence council to delay the proceedings until the doctor was able to treat Arif were ignored by the judge.
Prior to this, during trial hearings on 3, 4 and 5 August 2015, Arif Yunus had suffered multiple heart problems and had lost consciousness on a number of occasions. The doctor repeatedly administered injections which relieved his symptoms for short periods of time. During the hearing on 3 August he suffered a hypertensive crisis. Despite this, the hearing continued.
Furthermore, access to the courtroom for international independent observers was restricted. No representatives of the independent press were permitted to attend the hearings.
Following the hearing on 6 August 2015, the lawyers of the human rights defenders requested 10 days preparation time for the upcoming hearing. However, this was refused and the trial will continue on 10 August.
Dear Mr. President,
We, the undersigned writers, journalists and advocates for the right to freedom of expression, submit this letter to highlight our growing concern for the deteriorating physical and psychological health of Azerbaijani human rights defender MsLeyla Yunus.
As the Director of the Institute for Peace and Democracy since 1995, we know that Ms. Yunus is a committed human rights defender who has worked tirelessly for the rights of the people of Azerbaijan and we believe that it is because of her courage to speak out and dedication to exposing human rights abuses that she has become a target.
While we have been monitoring her on-going pre-trial detention since July 2014, our letter comes at a time when reliable reports have emerged detailing that urgent intervention is required in the case of Ms. Yunus.
On 4th December 2014 we were informed that Ms. Yunus was so poorly and weak that she was unable to walk and therefore unable to meet with her lawyer. It is our understanding that Ms. Yunus suffers from pre-existing conditions of hepatitis C and pancreatic diabetes and, while some medical treatment has been provided, her condition continues to deteriorate and more independent medical expertise is required.
Furthermore, we know that Ms. Yunus has already spent nearly 5 months in pre-trial detention and that she is completely isolated from her family. Being separated from her husband and her daughter is having a hugely adverse and traumatic effect on her psychological well-being and we also believe that her already poor physical health is further deteriorating as a result of this additional stress.
Mr. President, we believe that it is imperative that Ms. Yunus have access to the independent medical treatment she requires. As was indicated to the government of Azerbaijan by the European Court of Human Rights under Rule 39 of the Rules of the Court, in the case that adequate medical treatment is not being administered to Ms. Yunus while in pre-trial detention, which would very much appear to be the case, she should be released to a specialised medical establishment for the duration of the Court proceedings.
Mr. President, we know that Ms. Yunus has been a vocal critic of human rights violations in Azerbaijan and has challenged the on-going detention of political prisoners – how ironic it is that now both she and her husband have joined this growing list of people who are detained in Azerbaijan because of their outspoken criticism of the human rights situation.
Mr. President, we also know that Ms. Yunus has dedicated many years of her life to promoting respect for and adherence to the rule of law in Azerbaijan – how ironic it is that she herself now lingers in a pre-trial detention cell on what we believe to be spurious charges of treason and espionage.
Mr. President, allowing Ms. Yunus' condition to continue to deteriorate while she is in state custody is far more damaging to the international reputation of your government and country than any accusations Ms. Yunus could make were she to be allowed to continue her human rights work.
Mr. President, we appeal to you as the person responsible for upholding the rights of all the people of Azerbaijan to release Ms. Yunus so that she may recover her health.
Yours sincerely,
Martina Devlin – Irish author and award-winning journalist
Theo Dorgan – Irish poet, prose writer, editor and translator
Anne Enright – Irish author and 2007 Man Booker Prize recipient
Brian Keenan – Irish writer whose work includes the book An Evil Cradling, an account of the four and a half years he spent as a hostage in Beirut, Lebanon from April 1986 to August 1990
Shona Murray – Irish journalist and radio broadcaster with Newstalk radio
On 24 September 2014, lawyers of human rights defender Ms Leyla Yunus were finally permitted access to their client after two days of being denied access to see her in Baku pre-trial prison. Reportedly, on 23 Setpember 2014, Leyla Yunus was beaten by a prison guard.
Leyla Yunus has been held in pre-trial custody since 30 July 2014 and is charged with “treason” and economic crimes.
Reportedly, Leyla Yunus has been attacked and harassed in detention since 6 September 2014, and has been deprived of medical aid. On 22 September 2014, the prison administration cancelled a meeting between Leyla Yunus and her lawyer, informing the lawyer that Leyla Yunus was “sick”. The lawyer's request to have a phone conversation with his defendant was also rejected.
On 23 September 2014, another lawyer made an attempt to meet with Leyla Yunus in prison. In response to his request, prison guards brought him a note from Leyla Yunus stating that she had fallen ill and was unable to walk. The lawyer reportedly recognised Leyla Yunus' handwriting. The lawyer claimed that if his defendant is sick, she should be transferred to prison hospital for treatment. However, when the pre-trial prison director called prison doctor he stated that Leyla Yunus was not sick enough to be admitted to the prison infirmary.
Later that day, a prison guard came to her cell, twisted her arms and escorted her to an empty cell. Leyla Yunus was then hit and knocked to the ground, and the prison guard proceeded to pull her hair while shouting at her. The prison guard then started beating her in the kidneys.
Reportedly, the first attack occurred on 6 September 2014 at approximately 4.40 pm, when the human rights defender was physically assaulted by her cellmate. After the attack, Leyla Yunus asked prison guards for protection and help, but she received no medical assistance – not even an assessment of the state of her health after the attack. Rather than taking measures to guarantee the human rights defender's safety, the prison administration took the decision on 7 September 2014 to reprimand the human rights defender for knocking on the prison cell's door, in an attempt to call for help from prison guards. Pre-trial prison administration also ignored all of Leyla Yunus' requests to separate her and assailant in different cells.
On 11 September 2014, the pre-trial prison cell of Leyla Yunus was visited by the representatives of the UN Committee Against Torture. Reportedly, the human rights defender showed a 20-centimetre bruise on her right leg, which was a result of the attack on 6 September 2014. After the UN representatives left the cell at about 10.30 a.m. the cellmate of Leyla Yunus threatened to “break her legs and arms” and “not to hope for any help”.
On 19 September 2014, representatives of Azerbaijan's Ombudsman office visited Leyla Yunus in her cell. According to the Ombudsman's office, the conditions of human rights defender's pre-trial detention largely meet Azerbaijan's standards for pre-trial detention facility. After the Ombudsman's office visit, it is reported that Leyla Yunus suffered further harassment and that the prison administration has instructed and pressurised her cellmates not to speak about violence committed against the human rights defender. On 21 September 2014, her prison cell was searched, and the prison administration banned her from making calls to relatives for one month.
On the morning of 5 August 2014, human rights defender Mr Arif Yunus was detained near his home on his way to visit his wife, human rights defender Ms Leyla Yunus, in pre-trial detention. Arif Yunus is a scholar who works to defend the rights of victims of torture and political prisoners, as well as on a peaceful solution to the Nagorno-Karabakh conflict. Leyla Yunus is Director of the Institute for Peace and Democracy. On 30 July 2014, Arif Yunus and Leyla Yunus were charged with treason and economic crimes.
Arif Yunus was arrested while travelling to Kurdakhany detention facility in order to deliver a parcel to his wife containing medicine and food. Leyla Yunus suffers from pancreatic diabetes and requires systematic medical treatment. Upon his arrest on 5 August 2014, Arif Yunus was firstly transferred to the District Police Station and was later escorted to the Serious Crimes Investigation Department of the General Prosecutor's Office. From there, officers transferred him to Nasimi District Court in Baku, which ordered the human rights defender to serve three months in pre-trial custody for violating the terms of his earlier release. On 30 July 2014, Arif Yunus was charged with treason and fraud, but was released in light of health concerns. His pre-trial travel restrictions were described as de facto house arrest.
Later that day, the Azerbaijani General Prosecutor's Office circulated a statement claiming that Arif Yunus had “consciously cooperated with Armenian security services” and that, since being charged with treason and fraud, he had “met suspicious people” and “spread biased and false information” through online correspondence and interviews. It also claimed that the human rights defender had travelled outside of the administrative district where he lived without the police's permission.
Following his detention, Arif Yunus' lawyer reported that the human rights defender had been registering at the District Police Station every day at 6 pm, as required by the terms of his release on 30 July 2014. His lawyer also informed that the authorities had not permitted Arif Yunus to see his wife in prison.
After meeting Leyla Yunus in pre-trial custody on 4 August 2014, her lawyer reported that she is not receiving adequate medical treatment for her pancreatic diabetes. Leyla Yunus has been unable to control her blood-sugar levels in detention and requires more exposure to fresh air and more time to walk outside her cell. Since the arrest of her husband, Leyla Yunus has no immediate family in Baku who would be permitted to deliver parcels containing medicine and food to her while in detention.
On 30 July 2014, Ms Leyla Yunus, Director of the Institute for Peace and Democracy, was arrested before being interrogated for approximately six hours in the Serious Crimes Investigation Department of the General Prosecutor's Office.
Her husband, human rights defender MrArif Yunus, was also arrested and interrogated. Arif Yunus works to defend the rights of victims of torture and political prisoners, as well as on a peaceful solution to the Nagorno-Karabakh conflict. Furthermore, on 25 July 2014, a travel ban was issued against human rights defender Mr Rasul Jafarov.
On 29 July 2014, Leyla Yunus, who was awarded the Theodor Haecher Prize in 2013, published an open letter addressed to the President of Azerbaijan Mr Ilham Aliyev, entitled “What are you afraid of, Mr President?”. Later that day, an unidentified car and two men in plain clothes followed her through the city of Baku.
At 11:45am on 30 July 2014, Leyla Yunus was arrested by three unidentified men in plain clothes outside her home, while she was leaving for attending a conference in the Institute of Freedom and Security of Reporters in Baku. Reportedly, they were officers from the Serious Crimes Investigation Department of the General Prosecutor's Office. In the evening of that day, Nasiminskiy District Court in Baku ruled to hold Leyla Yunus in pre-trial detention for three months. She was charged under the Criminal Code with treason (Art. 274), fraud (Art. 178.3.2), illegal enterprise (Art. 192.2.2), tax evasion (Art. 213), and falsifying official documents (Art. 320). She was soon transferred to a pre-trial detention facility in Kurdakhany, approximately 30 kms outside Baku. Leyla Yunus suffers from diabetes, and has dietary and medical requirements.
That morning, about six men in civilian clothes had already gone to Leyla Yunus' residence. Her husband, Arif Yunus, refused to open the door until he could summon his lawyer, and by the time his lawyer arrived, the men were gone. After his wife was arrested, Arif Yunus went to the General Prosecutor’s Office with his lawyer, at about 1pm, when he was arrested and charged with treason and fraud. However the Court later ruled to release him with travel restrictions in light of health concerns. Arif Yunus' current situation has been described as a de facto house arrest. Front Line Defenders issued an Urgent Appeal on 30 April 2014 on the travel ban imposed on Leyla Yunus and Arif Yunus. Since then, their passports have been confiscated.
Leyla Yunus and her husband were interrogated in separate rooms. They are accused of spying for the Armenian secret services, of espionage and using foreign grant money to recruit Azerbaijani citizens to participate in diplomacy efforts regarding the unresolved conflict of Nagorno-Karabakh. Reportedly, both human rights defenders remained silent throughout their six-hour interrogation and their lawyers were not permitted to visit them during the interrogation.
In a separate incident, on 25 July 2014, a travel ban was issued against human rights defender Rasul Jafarov, the Coordinator of Art for Democracy, a campaign that employs all forms of artistic expression to promote democracy and human rights in Azerbaijan. He presented a report on human rights violations in Azerbaijan to the Parliamentary Assembly for the Council of Europe (PACE) in Strasbourg in June 2014. On the morning of 29 July 2014, border guards at Beyuk Kiasik station did not permit Rasul Jafarov to leave the country. Moreover, the Public Prosecutor restricted Rasul Jafarov's access to his bank accounts, and the human rights defender has been unable to use his bank cards since 6 July 2014. On 16 July 2014, Rasul Jafarov appealed this decision to Sabail Court, requesting the Public Prosecutor to present the court decision on the restriction of his bank accounts. The case has not yet been considered. Rasul Jafarov has not been summoned as a witness or charged with any crime. On 30 July 2014, the human rights defender filed a lawsuit against the Attorney General of Azerbaijan.
On 28 April 2014, human rights defender Ms Leyla Yunus and her husband Arif Yunus were prevented from leaving the country, their belongings were searched at the airport and her personal computer and notes were confiscated.
Leyla Yunus was brought to General Prosecutor office for interrogation and her home and office were searched. She was eventually released in the evening of 29 April.
Leyla Yunus was detained with her husband as they were about to fly to Brussels, via Doha and Paris, on 28 April 2014. At approximately 11.30 pm they were informed by airport police that they were not allowed to leave the country. They were also informed that their luggage, home and office would be searched. The human rights defender's lawyer, Khalid Baghirov, was not permitted to meet with Leyla Yunus or her husband at the airport.
At approximately 3 am on 29 April, Leyla and Arif Yunus were accompanied to their own apartment for a search to take place. Leyla Yunus refused to open the door on the basis that there was no search warrant. Approximately a hour later, Arif Yunus fell ill due to hypertension and had to be hospitalised.
At approximately 7 am, Leyla Yunus was brought to the Serious Crimes Investigation Department of the General Prosecutor Office for questioning, accompanied by her lawyer. The human rights defender was questioned about Rauf Mirgadirov, a journalist who was arrested on 19 April 2014 and charged with treason and cooperation with the Armenian special services. Rauf Mirgadirov was involved in a joint project of the IPD and the Armenian Region Research Center aimed at building dialogue between the two countries. The questionning lasted until 4 pm, when Leyla Yunus was released without charges.
That same day, both her home and her office were searched. At the request of Leyla Yunus, the search was conducted by five police officers in the presence of five representatives of media and civil society and other witnesses. Computers, documents as well as books belonging to Arif Yunus were confiscated.
The authorities have provided no reason for the detention or the searches, and their legal grounds remain unclear.
Three days before her detention at the airport, on 25 April, Leyla Yunus released a joint statement with the Armenian Region Research Center calling for improved dialogue between the nations, and highlighting the harassment and intimidation faced by a number of human rights defenders in Azerbaijan, including the arrest of Rauf Mirgadirov.
