Appeal dismissed: Investigative journalist Khadija Ismayilova to remain in jail for 7.5 years
Paris-Geneva,November 30, 2015 – The appeal filed by prominentinvestigative journalist Khadija Ismayilova to contest her 7.5-year jailsentence was struck out on November 25 by the Baku Court of Appeal, deploresthe Observatory for the Protection of Human Rights Defenders (a joint FIDH-OMCTprogramme).
On September1, 2015, the Baku Court of Grave Crimes had sentenced Ms. Khadija Ismayilova to 7,5 years imprisonment on charges of“embezzlement”, “illegal entrepreneurship”, “tax evasion”, and “abuse ofoffice”. This sentence therefore remains in force.
Internationallyrecognised independent reporter[1]and journalist of the Azerbaijani radio Azadliq (“Radio Freedom”), Ms.Ismayilova was arrested on December 5, 2014 on charges of "inciting"her ex-partner "to commit suicide". Although in April 2015 thealleged victim retreated his accusations, claiming his testimony was givenunder pressure, blackmail and torture, the prosecution did not take it intoaccount and maintained the charges. In February 2015, Ms. Ismayilova wasfurther accused of embezzlement, illegal entrepreneurship, tax evasion andabuse of office. During the hearings in first instance, no evidence of theseaccusations was presented.
“We are extremely concerned by the dismissal of KhadijaIsmayilova's complaint by the Court of Appeal. This development adds to theseries of violations of free and fair trial standards suffered by Ms.Ismayilova and other human rights defenders in Azerbaijan”,denounced FIDH President Karim Lahidji.
“It is time for the international community to strongly take a standagainst this systematic repression and harassment of human rights defenders inAzerbaijan, andfor the Azeri authorities to immediately and unconditionally release all thosearbitrarily detained”, said Gerald Staberock, SecretaryGeneral of the World Organisation Against Torture (OMCT).
Ms.Ismayilova’s first instance trial, which opened on July 24, 2015, had alreadyfallen short of international human rights standards. The hearings were held in a semi-closed format, denying access tojournalists, observers and diplomats. She was kept in glass cage during thehearings and all the motions filed by the defence were denied. Hereby theprinciples of equality of arms and the presumption of innocence were violatedalong with the independence of the judiciary and transparent judicialproceedings. The same pattern characterised all trials against humanrights defenders over the past months.
The crackdown on civil society, going on in Azerbaijan since last year,has indeed recently seen other prominent human rights defenders sentenced onsimilar trumped up charges: Mr. Rasul Jafarovand Mr. Intigam Aliyev sentenced inappeal respectively to 6.3 and 7.5 years of jail, and Ms. Leyla Yunus and Mr. ArifYunusov sentenced by a lower court respectively to 8.5 and 7 years inprison. Even though on November 12, Mr. Yunusov was conditionally released forhealth reasons for the period of his appeal trial, the Baku Grave Crimes Courtcould review its decision anytime in case of a positive change in the health ofMr. Yunusov.
[1]She won several international prizes, among which the Gerd Bucerius Free Pressof Eastern Europe Award by Zeit-Stiftung on May 24, 2012, the Courage ofJournalism Award by the Washington-based International Women’s Media Foundationon October 24, 2012, and the Global Shining Light Award on October 14, 2013.
