commissioner for human rights has pointed out: “ Factual errors, even minor ones, have sometimes been used to prove that such defenders are irresponsible or act in bad faith. This is not an attitude which promotes a serious dialogue. To require that the reporting of non-governmental human rights must be flawless is not reasonable – considering their limited resources and that governments themselves are sometimes less than forthcoming with basic facts. In fact, most such groups are very serious in their reporting.” 155 The OSCE’ s representative on freedom of the media has repeatedly called for the abolition of libel and insult laws.156 Where such provisions do exist, it is especially important that courts uphold international human rights obligations in the area of freedom of expression over and above such legal provisions. One positive example in this regard was the 18 July 2007 judgement of the Yasamal District Court in Azerbaijan, which dismissed defamation charges against Ganimat Zahidov, editor of the newspaper Azadliq.157 The court explicitly referred to the case law of the European Court of Human Rights, noting that “ freedom of expression constitutes one of the essential foundations of a democratic society and that even information that offends, shocks or disturbs should be protected” . Good practices regarding respecting the rights of human rights defenders: On the basis of participating States’ responses to the questionnaire, the following good practices regarding respecting the rights of human rights defenders were identified: Freedom of association: • • • • Not requiring prior registration for the acquisition of legal personality; Using simple (re-)registration procedures; Making reasoned decisions on (re-)registration; Making it possible to appeal registration-related decisions in court. Freedom of peaceful assembly: • • • Allowing notification rather than authorization to hold assemblies; Providing adequate protection for the participants of assemblies; Allowing spontaneous assemblies as long as they remain peaceful and providing adequate protection for them. Freedom of movement: • • • Granting travel visas for defenders to pursue their activities Granting emergency visas to defenders in trouble; Granting residence permits to defenders. 155 “ Human Rights Defenders must be able to criticise” , Council of Europe commissioner for human rights, 12 November 2006, <http://www.coe.int/t/commissioner/Viewpoints/061113_en.asp>. 156 Specific statements can be retrieved on the representative’ s home page, <http://www.osce.org/fom>; see in particular “ Libel and Insult Laws: A Matrix on Where We Stand and What We Would Like to Achieve” and “ Paris Recommendations on Libel and Insult Laws” , <http://www.osce.org/fom/documents.html?lsi=true&limit=10&grp=288>. Also see The Media SelfRegulation Guidebook (Vienna: OSCE Representative on Freedom of the Media, 2008), <http://www.osce.org/fom/item_11_30697.html>. 157 Information provided by the OSCE Office in Baku, 14 May 2008. 35