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2023, 20 Mart, Bazar ertəsi, Bakı vaxtı 17:33

Khadija Ismayil's Case Goes To The European Court Of Human Rights

Azerbaijan -- Journalist Khadija Ismayilova, RFE/RL Baku bureau, 16Mar2012

In an interview with Fakhraddin Mehdiyev, Khadija Ismayil’s lawyer reveals new developments in her case. Mehdiyev says the ruling on September 1 only proved that Khadija’s arrest was not only illegal but also unfounded.

On September 1, 2015, Baku Court for Grave Crimes acquitted Khadija Ismayil on the charge of inciting a colleague to suicide. But for this crime only, Khadija spent two months in pretrial detention when she was first arrested in December of last year. Now her lawyer Mehdiyev is asking who will carry the responsibility of Khadija’s unlawful two-month detention period, which was proved in court:

“On December 5, 2014, she was handed two months in pretrial detention by the judge Elshad Shamayev. On January 27, this time, another judge Rauf Ahmadov decided to extend Ismayil’s detention. Until February 13, when Khadija Ismayil was accused of other charges the journalist was held in pre-trial detention only based on the Article 125 of the Criminal Code.

Now the decision of the Baku Court for Grave Crimes on September 1, which acquitted the journalist, proved that the decision to arrest Khadija, to extend her detention period as well as the decisions of the Baku Prosecutor office were all illegal and baseless”, said Mehdiyev.

The lawyers are planning to take necessary steps to punish those responsible for Khadija’s de jure detention. “Now that the verdict is handed, we are going to take all necessary steps in reprimanding the perpetrators and also demand compensation”.

According to Azerbaijan’s Criminal Procedure Code Article 56, acquitted defendants have a right to demand compensation for any physical, moral or material damage as a result of misuse and/or abuse of the responsible bodies during the criminal case.

Yalchin Imanov, who was one of Khadija Ismayil’s lawyers but who later was removed from the case by the prosecutor office says the complaint about decision for arbitrary arrest based on Article 125 is already sent to the European Court of Human Rights.

Imanov says there is sufficient proof to prove the illegality of her sentence as well.

AzadliqRadiosu management says Khadija Ismayil was arrested as a result of her work, investigating the ruling family’s businesses. The journalist arrest and subsequent sentence was heavily criticized internationally. In the meantime, the government of Azerbaijan sees these calls as baseless repeating over and over again there is no one in Azerbaijan jailed for their political motivations.