On August 18, together with her lawyers Khadija raise a number of motions. None of them were welcomed by the committee of judges.
The first thing that Khadija did, was to read her letter to the judges.
“My right to defend myself is violated. The court is proceeding hastily and refuses to spend time on investigating important documents. My right to discuss the court proceedings with my lawyers is limited. My right to meet my family is also violated. To me it looks like as long as the presiding judge Ramella Allahverdiyeva is not finished with this case she is not allowed to take her vacations. The summer is almost over so I don’t want to be hastily convicted. I can wait. Let the judges return from their summer vacations and this process continues normally.”
In response the judge suggested Khadija sends this letter via post.
During the hearing on August 18, Khadija also objected the structure of the court.
“The court refused to question important witnesses. The court also objects to adding significant documents to the case. The court openly is supporting prosecutor’s position. It has so far only repeated word for word the prosecutor’s statement. This court under the leadership of the judge Ramella Allahverdiyeva rejected to include the documents proving that it was not me who hired people during my work as the office chief but the RFE headquarters; or that the Baku bureau didn’t carry out unlicensed broadcasting.
By turning down and rejecting all our raised motions, this court is getting in the way of having a just trial. I request that the three judges – Ramella Allahverdiyeva, Tamilla Nasirullayeva and Novruz Karimov- are replaced and their illegal actions are thoroughly investigated by the judicial council.
Especially judge Novruz Karimov who so far only justified lawlessness and relied on the scammed protocols.
Given it is not unacceptable that a judge can lie, I believe this court made of these three judges can no longer preside over this case.”
Responding to this, judge Novru Karimov said there was nothing wrong with the court having the same views as the prosecutor office and that it did not mean to the court was ill intentioned.
Khadija also requested that the court presents each contract it claims Khadija signed whereby urging radio’s employees to avoid paying taxes or paying less. This motion was rejected.
Khadija also requested that additional witnesses are called into court. These were editor in chiefs of websites “Inrepress” Ramal Huseynov, “ann.az” Naila Bagirova and “Aznews” Elchin Zahiroglu. The reason for this Khadija said was that in the original indictment, there is mentioning of Ramal Huseynov’s statement. Khadija requested that Huseynov is brought to the court and answers the questions there.
“I would like to give the prosecutor another chance to prove his accusation that I allegedly did not let Tural Mustafayev work. All of the witnesses who were questioned already here at this court said they originally were pressured to state otherwise. And yet, the prosecutor is lying here, while claiming no pressure was applied towards Tural Mustafayev and others. I repeat that lying not only does not suit the prosecutor’s job but also the laws”.
To which, the presiding judge Ramella Allahverdiyeva said the judges will evaluate this during the break.
The next motion raised by Khadija Ismayil’s lawyers was about Khadija’s credentials.
“The indictment claims Khadija was engaged in illegal entrepreneurship. May we remind the court that according to order issued in 2002 on acquiring license for certain jobs, journalism was not mentioned as an activity requiring acquisition of specific license. We request that the court sends an inquiry to the Constitution Court and therefore determine whether journalism is an activity that requires licensing.”
Khadija Ismayil supported her lawyer’s motion adding, “This is total fantasy. Your president called all press employees telling them that it is important to have access to international media. And yet, you ask for a license for journalists working with foreign media. Media is unlicensed type of work. This was determined in our constitution according to press freedom norms.”
The judge dismissed this motion as well.
Khadija Ismayil’s lawyer Javad Javadov also requested that the court invites for questioning Araz Mahmudchayli – psychiatrist who was treating Tural Mustafayev. The doctor concluded at the time of Mustafayev’s treatment that his patient was a psychopath.
However, the court rejected this motion too.