Today the Baku Serious Crimes Court reduced the term of imprisonment of journalist Khadija Ismayilova from 3.5 years to 2 years and three months. Thus, the court partially granted the appeal of Ismayilova on removal her charges under the Article 192 (illegal business) in connection with the decriminalization of charges against Ismayilova. So, on June 1 came into force amendments to the Criminal Code. The changes were made and the Article 192 "Illegal business." Under the new version of the law journalist’s cooperation with foreign media without accreditation Ministry of Foreign Affairs cannot be interpreted as "illegal business". However, according to the lawyer Fariz Namazly, the court only reclassified the charged with Article 192.2.1 (illegal business with extraction of income in the large size) in the Article 192.1 (illegal entrepreneurship.) In this case, the Court referred to the new edition of the criminal law, where the size of a large income increased from 50.000 to 100.000 manat.
The prosecution believes that all fees by Ismayilova for five years in the amount of 79.5 thousand manat were income, extracted as a result of illegal activities, as she did not pass accreditation in the Ministry of Foreign Affairs of Azerbaijan. As a result, the court appointed Ismayilova punishment under Article 192.1 in the form of four months of imprisonment and in conjunction with Article 213.1 (tax evasion) appointed general sentenced of two years and three months suspended imprisonment with a probation period of 5 years. The lawyer Namazly stressed that the protection does not agree with the court decision and will appeal against it. Protection insists on the full withdrawal of the charges under Article 192. Ismayilova does not agree with the court decision. "For me it was not of fundamental importance to drop charges on the extraction of a large income. We sought decriminalization of the activities without accreditation at the Foreign Ministry. But it did not happen, probably because of unwillingness of the (government) to create a precedent, when criminal prosecution of journalists working without accreditation in the Ministry of Foreign Affairs is impossible. In this case, I would have had only charged under Article 213.1, and I fell under the amnesty," Ismayilova told Turan correspondent. She intends to obtain full restoration of their rights.
* Khadija Ismayilova was arrested on December 5, 2014. On September 1, 2015 she was sentenced to 7.5 years in prison under the Articles 179.3.2 assignment in the large size), 192.2.1 (illegal business with extraction of large income), 213.1 (tax evasion), and 308.2 (abuse of authority.) On May 25 the Supreme Court of Azerbaijan withdrew the charges against her under Articles 179.3.2 and 308.2, and reduced the sentence to 3.5 years of conditional imprisonment with five years' probation term.-06D-
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