Azerbaijan: Journalist's Death Remains a Mystery

Five years after his slaying, the murder of prominent Azerbaijani journalist Elmar Huseynov remains unsolved, as well as shrouded in controversy. An ongoing criminal case involving a journalist who was investigating Huseynov's death is providing new fuel for debate about the unsolved murder.

An outspoken critic of the government and opposition, Huseynov, the 38-year old editor-in-chief of the independent weekly magazine Monitor, was shot dead by an unknown gunman in front of his home in Baku on March 2, 2005. [For details, see the Eurasia Insight archive].

Journalists, human rights activists and opposition party leaders attending a commemoration ceremony at Huseynov's grave on March 2 were critical of the government for what they said was the murder investigation's lack of progress.

"The strongest thing in the world is a word. Elmar Huseynov was murdered for the sake of the word," fumed Isa Gambar, leader of the opposition Musavat Party, the Institute for Reporters' Freedom and Safety reported. Gambar and other opposition activists harbor suspicions that President Ilham Aliyev's administration somehow was complicit in the murder. But neither Gambar, nor anyone else has been able to produce any evidence that can link authorities to any criminal act connected to Huseynov's death. Officials vociferously deny any involvement. [For background see the Eurasia Insight archive].

Pro-government officials also are stoutly defending the integrity of the investigation. In a statement to the pro-opposition Turan news agency, Deputy Parliamentary Speaker Bahar Muradova, a member of the governing Yeni Azerbaijan Party, insisted that "law enforcement agencies are fulfilling their obligations, and I want to believe that the investigation will produce results: Elmar Huseynov's murderer will be arrested."

In a March 2 letter to the Baku-based Institute for Reporters' Freedom and Safety, the head of the Ministry of National Security's Chief Investigative Office, Movlam Shikhaliyev, stated that "[i]nvestigative-operational actions are continuing" to locate the two suspects in the case -- Tahir Khubanov and Teymuraz Aliyev. The two are believed to be in neighboring Georgia. Azerbaijani investigations want to interview the duo about suspected "involvement, and to determine [the] full circle of people related to Elmar Huseynov's murder." The letter was published as part of a press release from the Institute.

Ministry spokesperson Arif Babayev provided further details the same day. In remarks to the state-run APA news agency, Babayev claimed that "900 various investigative actions were carried out, over 600 witnesses were interrogated, over 155 reviews and searches were made, 20 examinations were made, [and] over 100 questionnaires and letters were sent during the investigation."

Despite such statements, the Institute's director, Emin Huseynov (no relation to Elmar Huseynov), expressed scepticism about the ministry's handling of the investigation. No mention was made in the letter "about who ordered this murder," he commented.

Ministry spokesperson Babayev, however, affirmed that "[i]t is known who committed the murder. They are wanted -- Tahir Khubanov and Teymuraz Aliyev."

Baku has sent "six petitions" to Georgia's General Prosecutor's Office for extradition of the pair to Azerbaijan, and has dispatched an investigative team to Georgia "four times," Babayev said. An Interpol "Red Notice," a national warrant for arrest that is distributed internationally, has been posted for the pair in 180 countries, he added.

The duo's names, however, are not included on a list of wanted individuals posted on the Interpol website. A government can request that Interpol conceal the details of a fugitive search, however.

In a February 25 interview with APA, the chief of Interpol's Azerbaijan bureau, Maj. Gen. Sahib Mirzayev, stated that he expected "[a] final decision soon" from Georgian officials about the extradition of Khubanov and Aliyev."

"The absence of an extradition agreement between Azerbaijan and Georgia has so far delayed matters, he added.

Meanwhile, recent allegations made by imprisoned newspaper editor Eynulla Fatullayev against the Ministry of National Security have now redirected many Azerbaijanis' attention to the government itself. Fatullayev, who is serving an eight-year prison sentence on charges of defamation, terrorism and tax evasion, now faces another two years of imprisonment on charges of alleged drug possession. [For details, see the Eurasia Insight archive].

In a brief filed with the Baku Court of Appeals concerning his drug-possession charge, Fatullayev claimed that the ministry itself bore responsibility for Huseynov's murder. The pro-opposition news agency Turan published a copy of Fatullayev's appeal on March 3. Fatullayev has not provided evidence that could substantiate his allegation.

In comments to EurasiaNet.org, Penitentiary Service spokesperson Mehman Sadigov rejected Fatullayev's allegations as "groundless. "

Arif Aliyev, the chairperson of the Yeni Nesil journalist union, says that he does not exclude the possibility that Fatullayev has materials that can support his allegation, but cautions that "[i]t is difficult to say anything definitely." The government, he continued, "should act seriously towards this statement, investigate and give an answer."

Aliyev believes that a recent appeal by Huseynov's wife, Rushanna Huseynova, to the European Court of Human Rights in Strasbourg could reinvigorate the criminal investigation. Huseynova, who now lives in Norway under political asylum, argues that the Azerbaijani government violated three articles of the European Human Rights Convention in connection with Huseynov's death -- the right to life, freedom of expression and opinion, and the right to effective judicial protection.

"[A]ll the possible versions have to be considered, because anything could have happened. But there's also the presumption of innocence until proven guilty," Huseynova said in a March 1 interview with Turan. The government has not yet responded publicly to the appeal.