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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
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Xədicə İsmayıl 7 il yarım azadlıqdan məhrum edildi
Mənbə: AzadlıqRadiosu

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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.

18:57 1.9.2015

AzadliqRadiosu Speaks to Elmira Huseynova At Her Home After Today's Sentence

AZERBAIJAN -- Elmira Ismayilova, mother of Khadija Ismayilova
AZERBAIJAN -- Elmira Ismayilova, mother of Khadija Ismayilova

AzadliqRadiosu: Today's court and your expectations, how far off were you?

Elmira Ismayilova: For half a month now I have been saying they are going to sentence Khadija to 7 or 8 years. So the sentence was the same as my prediction. But of course she doesn't deserve it. She is innocent. The top wanted her removed so they hid her. They did whatever they wanted.

AzadliqRadiosu: You have been at every single hearing. How would you describe the process?

I can say one thing- we don't have courts, we don't have judges, nor do we have prosecutors. A prosecutor who cannot carry out his/her duties is either uneducated or toady. One of the two for sure.

AzadliqRadiosu: Whad do you think Khadija's arrest changed in the community?

Nonthing. It changed nothing and it won't change anything. They arrested Khadija but there will be thousands other Khadijas. And all of them will fight.

I believe in this.

AzadliqRadious: Whay about today? Do you think there are people capable of filling in Khadija's shoes?

I think there are thousands of boys and sons who can do the job she does and during her time she taught them how to do the job properly. So they know how its done. And they are doing it and they will continue to do so.

I am hoping for this. I have hope.

AzadliqRadiosu: Has Khadija told you about her plans? At some point she was saying after her arrest that she would like to continue the investigations?

We haven't talked about this with her. But since her arrest, there have been three investigative stories, which means people are working."

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