Persecution of journalism: the case of Khadija Ismayilova

Khadija Ismayilova is a well-known Azerbaijani investigative journalist, whose work has been highly critical of the government. Due to her activities, Ms Ismayilova has been the victim of harassment, threats, a smear campaign and an unjustified prosecution. These events led to a series of judgments in her favour at the European Court of Human Rights - which remain unimplemented. 

Photo Credit: EIN

Facts

The threatening letter and investigation

Between 2010 and 2012 Ms Ismayilova investigated and reported on alleged financial scandals of the Azerbaijani President’s family. In March 2012 she received a letter containing still pictures from a video featuring her and her partner having sexual intercourse in her own bedroom, taken with a hidden camera. The letter also contained a threat ‘Whore, refrain from what you are doing, otherwise you will be shamed!’ This and two other intimate videos of the applicant, taken with the same hidden camera, were posted online, which was followed by a series of articles written by State-controlled newspaper shaming the journalist. Ms Ismayilova searched her flat and found many hidden cameras. Despite her complaints to the authorities, the persecution of Ms Ismayilova has never been properly investigated.

Arrest and detention

In December 2014 Ms Ismayilova was charged with the criminal offence of incitement to suicide after an allegation made by a former colleague of hers. He subsequently stated on Facebook that the authorities coerced him into making the complaint and that he would withdraw it. Nevertheless, the Sabail District Court remanded the applicant in custody. Ms Ismayilova’s requests to be released were rejected by the District Court and by the Baku Court of Appeal. Additionally, soon after her arrest the Prosecutor General’s Office released a statement entitled ‘Illegal acts of Khadija Ismayilova have been unmasked.’

In February 2015 the authorities brought further charges against Ms Ismayilova, accusing her of high-level embezzlement, illegal entrepreneurship, large-scale tax evasion and aggravated abuse of power. She was found guilty of the financial crimes and sentenced to seven and a half years’ imprisonment, whilst the charge of the incitement to suicide was dropped. In 2016 her conviction for embezzlement and abuse of power was quashed, her sentence reduced to three years suspended on probation and she was released from detention.

The Court’s judgments concerning articles 8 and 10 ECHR

Article 8 (right to family life)

The ECtHR found that Azerbaijan had not been directly responsible for the invasion on the applicant’s privacy. However, under article 8 of the ECHR the States have an obligation to investigate acts which had been an affront to Ms Ismayilova’s dignity. As there had been significant shortcomings in the manner the investigation had been carried out by the Azerbaijani authorities, the Court found that the State had failed to comply with their positive duty under article 8 to protect the applicant’s private life on two accounts. Firstly, because of the flaws and delays in the investigation, and secondly because sensitive private details of the report were published by the authorities in April 2012.

Article 10 (freedom of expression)

The Court noted that the threatening letter and the subsequent smear campaign against Ms Ismayilova had been related to her professional activity. Considering the general situation of persecution towards journalists in Azerbaijan, the Court found that the state had been required to take measures to protect the applicant’s freedom of expression. However, as the State launched a flawed criminal investigation and publicly disclosed information relating to the applicant’s private life ignoring the articles in the government newspapers shaming Ms Ismayilova, the Court found a violation of Article 10 of the ECHR.

The Court’s judgment concerning articles 5, 6 and 18

The Court held that the state had failed to verify the existence of a reasonable suspicion underpinning the applicant’s arrest and detention. Considering the statement released by the General Prosecutor after the arrest of the applicant declaring her guilt, there had been a breach of the applicant’s right to be presumed innocent. Lastly, the Court noted that the totality of the circumstances indicated that the authorities’ goal had been to silence and punish the applicant for her work as a journalist.

Implementation

As of June 2020, no steps been taken to implement the judgments. The events surrounding the invasion of Ms Ismayilova’s privacy have never been properly investigated and she has not been paid compensation. Journalists in Azerbaijan face widespread persecution.

EIN Activity

EIN advises those providing legal assistance to Ms Ismayilova and campaigns actively for the implementation of the judgments.

Useful links

ECtHR’s judgments:

·       Judgments of the European Court of Human Rights (1, 2 and 3)

·       Press Releases of the European Court of Human Rights (1, 2 and 3)