Preliminary hearing on the complaint of journalist Khadija Ismayilova was held in Baku Appeal Court on Tuesday. Ismailova made an appeal against a decision of Binagadi Court of 23 February 2015, which fined the journalist 2,500 manat for libel. Unlike the previous Court of Appeals, Ismailova was placed not in a glass aquarium, but behind the iron bars.
At the beginning of the meeting a lawyer Yalcin Imanov again applied that Ismailova could sit next to the defenders. "We cannot communicate with gestures and facial expressions," said the lawyer.
When Imanov came to Ismaylova to pass a motion, the guards unceremoniously tried to look in the paper. This provoked protest by Ismaylova and her lawyer, because it violates the confidentiality of communication of attorney and a client. Judges have ignored calls to ensure the confidentiality of communication.
After a verbal altercation, the judge adjourned. An hour later the meeting resumed. The lawyer of Namazly petitioned to investigate the complaint with the conduct of the trial again, for Binagadi court failed to investigate a number of circumstances.
Thus, the defense considers it necessary to summon an employee of the Anti-Terrorist Center MNS, who gave the conclusion that in 2011 Ismailova wrote in a Facebook text defaming Elman Hasanov (plaintiff), and then erased it. It is not specified on what basis the National Security Ministry (NSM) has come to this conclusion.
Namazly said that Ismailova wrote nothing of the kind in 2011, and such information was distributed by the user named "Mustafa Kozlu." Ismailova herself indicated that the NSM must submit a screenshot of this record.
Lawyer Yalcin Imanov noted unusual speed of correspondence between the court, the prosecutor's office and the Ministry of National Security.
Thus, in October 9, 2014 the court sent a request to the Attorney General’s Investigation Department on belonging the records in Facebookto Ismaylova, and then the request went to theNSM, and returned back to the court. The lawyer believes that the answer to the MNS was prepared in advance, which confirms the version of the falsification of the lawsuit.
Then Ismailova said that two days ago, she was summoned to the chief of the detention center Azer Seyidov, who accused the journalist of media publications and slanderous and insulting articles. On Monday two deputies of Seyidov came to the cell, and conducted a search. Ismaylova’s bed was disassembled, and a "cache" was found.
The head of jail told Ismaylova that before the European Games Ismailova will not be placed to the punishment cell, but the next time she meetings and telephone conversations with relatives will not be allowed. In addition, she was reprimanded. While Ismaylova performed, the judge Mammadov interrupted her, demanding to speak to the essence of the application.
The plaintiff Elman Hasanov opposed the petition, and the court retired to deliberate. During the break, the guard again interfered Ismailova’s communication with lawyers. This caused outrage in the hall. At the same time, a young man in civilian clothes began to demand from the audience to calm. Lawyer Imanov said that the man in the hallway also required him not to approach the cage. In the hall there were two other men in civilian clothes, who led the court guards and escorts.
As a result, the court dismissed the motion of the defense to hold a partial re-trial. The judge scheduled a hearing on the merits of 15:00 May 12. Protection intends to file an appeal against the decision of the court today. In addition, the lawyers intend to appeal against the reprimand imposed on Ismaylova by the head of the jail. -06C-
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