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2016, 21 Oktyabr, Cümə, Bakı vaxtı 18:54

Public Prosecutor, "Khadija Ismayil Must Be Sentenced For Correction Of Behavior And Rehabilitate"

Azerbaijan -- Journalist Khadija Ismayilova summoned to Prosecutor General's office - 19Feb2014

Azerbaijan -- Journalist Khadija Ismayilova summoned to Prosecutor General's office - 19Feb2014

Public prosecutor, Ramazan Hadiyev in his statement on August 21, said “Kahdija Ismayil abused her powers as the chief of the AzadliqRadiosy Baku bureau. She thus violated Article 101 of the Tax Code by avoiding taxes and by signing service contracts also made others pay less taxes.

“And yet Khadija Ismayil considers herself innocent on all accounts. Aynura Imranova who was questioned during the investigation indicated she was an educated woman and that is would be impossible to force her into writing something let alone a false statement. Based on this, Aynura Imranova, when testifying in court knowingly tried diverting responsibility from Khadija Ismayil. This is why her statements should not be taken as evidence.”

“Another witness Esmira Javadova said since 2009 she has signed contract for service. Her income was 1,400AZN of which she only paid 4% of taxes as part of simplified tax plan. If however, she had signed contract of employment as opposed to contract for service (by independent contractor or self-employed) she would have to pay 14% of her salary in taxes. Ms. Javadova during the investigation said it was Khadija Ismayil who advised her to sign contract for service. This indicates, Khadija Ismayil deliberately created an environment for evading taxes. Later, when Esmira Javadova saw Khadija Ismayil during the court hearing, she rejected her earlier statements. I think it is best if we take into account her statement Ms. Javadova gave during the investigation rather than during the hearing.”

“Chingiz Sultansoy who testified in court also said he had signed contract for service. His job is editing, and it demands his constant presence at the office. In this case, why is it that a contract for service was signed with him? Of course it is to avoid Radio paying 14% taxes.”

“During the search at the AzadliqRadiosu office in December, we confiscated 12 labor books, the official stamp and the seal. Why would they need these, if according to Khadija Ismayil’s words the Baku bureau was not hiring people full time?! Looking at the interim order and other documents, we see that there were 30 computers in the office and yet only 12-14 staff. A contract for service was signed with hired employees.”

The prosecutor also said that during the final year of Khadija Ismayil role as bureau chief, the radio continued its work without a license.

He also said it was because of Khadija Ismayil that Tural Mustafayev attempted suicide. “During the hearing, Mustafayev only answered with “I don’t know”, “I wanted it this way” to my questions, trying to protect Khadija Ismayil. Mustafayev said he slandered Khadija Ismayil. But he also was forgetting a few things. For a number of times he appealed to the law enforcement structures. He would say things that were strange and suspicious. Mustafayev’s testimony during the investigation process, was confirmed by his ex-wife Shafa Mustafayeva. During the hearing his relatives, as well as examination results confirmed that Tural Mustafayev was healthy both physically and psychologlically.”

The prosecutor then read out the personal messages the two exchagnged and which he claimed pushed Mustafayev to the brink of attempting a suicide. The prosecutor said, Khadija Ismayil forced Mustafayev into financially dependence. Later, when Mustafayev was desperately looking for ways to reestablish his financial indepedence, Khadija Ismayil refused to forgive him despite his pleads. This refusal, pushed Mustafayev to commit suicide. The prosecutor claimed that the public threat of the Article 125 is that it can push someone to the brink and this is inhumane.

According to the public prosecutor, Khadija Ismayil must be sentenced for correction of behavior and reeducation. She must be deprived of freedom for 8 years based on the Article 179.3.2; 4 years according to the Article 192.2.2; 5 years according to the Article 125; 2 years according to the Article 213.1; and 2 years according to the Article 308.2.

Summarizing the charges, the prosecutor asked for 9 years in prison and deprivation of the right to hold a position with any state or local government bodies for 3 years.

The prosecutor then added Khadija Ismayil should serve her sentence in an ordinary prison and pay 364AZN for court expenses to which Khadija said “that, I won’t pay”.

Tural Mustafayev’s representative also spoke in court after Prosecutor’s statement and said he fully agreed with the prosecutor.

The defense requested time to prepare their final statement. Next hearing will take place August 26, 11AM local time.