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2024, 27 Noyabr, çərşənbə, Bakı vaxtı 10:35
Khadijas trial cartoon
Khadijas trial cartoon

Khadija Ismayilova's Sentence Suspended After Supreme Court Decision

Khadija Ismayilova was arrested December 5, based on article 125 of the Criminal Court (inciting to suicide).

On May 25, following Supreme Court Decision journalist Khadija Ismayilova's sentence was suspended. Acquitted of article 179 (appropriation) and 308 (abuse of power), Ismayilova is still facing charges of illegal entrepreneurship, and tax evasion.

On September 1, the Baku Court for Grave Crimes sentenced Khadija Ismayil to 7 years and 6 months in jail. She was acquitted for the "incitement to attempt suicide" charge and found guilty on charges of tax evasion, embezzlement and misappropriation, abuse of power, and illegal enterpreneurship.

On February 23, under the decision handed by the Binegedi District Court Judge Sedreddin Haciyev, investigative reporter Khadija Ismayilova was found guilty based on the article 147.2 of the Criminal Code (slander). She was fined in the amount of 2,500Manat.

On February 13, Azerbaijan's Prosecutor General Office issued a series of additional charges against an award- winning investigative reporter Ismayilova. She is facing up to 19 years if convicted for embezzlement, tax evasion, illegal business and abuse of power.

On January 27, Sabail District Court ruled to keep Khadija Ismayil in jail for another two months. On February 5, her two-months sentence was going to finalize.

Azerbaijani government claimed there were no political motives in Ismayilova's case.

Azadliq Radio believes Ismayilova's arrest is the result of her work, investigating illegal businesses of Azerbaijani government officials.

Ismayilova, journalist and host of daily show After Work was arrested December 5 by the order of the Sabail District Court of Baku on charges brought by the prosecutor office.

She was sentenced to two months of pre-trial detention based on Article 125 of the Criminal Code (inciting to suicide) on December 5.

Her apartment was searched on December 6.

This is live blog of RFE/RL Azerbaijani Service with the most recent updates on the case.

NOTE*: Timestamps are local time in Baku

17:19 1.9.2015

Lawyer Fariz Namazli speaks following the sentence

Xədicə İsmayıl 7 il yarım azadlıqdan məhrum edildi
Gözlə

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0:00 0:01:51 0:00

AzadliqRadiosu: How do you evaluate the sentence?

Fariz Namazli: Today the court sentenced Khadija Ismayil. As opposed to our expectations, the court acquitted Khadija Ismayil on the charge of incitement to attempt suicide [Article 125 of the Criminal Code]. The court reconsidered Tural Mustafayev's statement in court and found his testimony honest and sincere. And taking into account other statements and that there was enough evidence to prove Khadija Ismayil's innocence the court acquitted her on these charges. However the court found Khadija Ismayil guilty on all other charges depriving her of holding positions within government or municipality for three years and sentencing her to 7 years and 6 months.

AzadliqRadiosu: What about other criminal charges?

Tax evasion (Article 213)- 2 years; embezzlement and misappropriation (Article 179)- 7 years; abuse of power (Article 308)- 5years; and illegal business (Article 192)- 3years; in addition to holding positions within government or municipality for three years with final sentence of seven years and six months.

AzadliqRadiosu: Are you planning to appeal? And what was Khadija's reaction?

Of course we are going to appeal.

Khadija was surprised, she was expecting a longer sentence. And of course acquittal was also unexpected for us. We have not seen an acquittal in these kind of cases at all.

17:02 1.9.2015

Khadija Ismayilova mom talks to reporters following the sentence: "The government is afraid and so they are hiding her!"

Xədicənin anası: Hökümət onu gizlədir, çünki qorxur
Gözlə

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0:00 0:02:41 0:00

"Elmira Ismayilova: The government is afraid of Khadija and is trying to hide this.

Q. How do you evaluate the sentence?

Negative. How else you think I can evaluate it?!

Q. Did they read out the sentence?

Yes they did. They sentenced her to 7 years and 6 months. They basically did what they wanted to - removed her. But Khadija won't stop. Her mouth won't close. Her pen won't dry. She will continue to talk, and continue to write. She is a fighter. And she is very strong. And she told everyone to stay strong and continue the fight.

Q. What did Khadija herself say about the sentence?

She didn't say anything. She only laughed. Just like she always does. And she told me to say hi to everyone and tell everyone they should stay strong and step up the fight. And that they should not be afraid of anything. No one should be afraid of the court. It's not that frigthening.

Q. Do you have somethingt to say to the judge? Or the judicial system?

What can I say to a judge who failed to carry out the responsibilities?!

Q. And what about the government?

I have nothing to say to the government. What do you tell a government which failed to respond to all her investigative work and instead chose to hide her?! Maybe there is something I could tell them -either fix yourself up or get out.

Q. And is there anything you would like to tell the community?

I already said it- take up the fight. Stand hand in hand even if its 10 people and fight back. Let 10 people call another 10 people and turn into hundreds, thousands and millions and fight."

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