Today, the European Court has delivered a judgment on the third case brought by Khadija Ismayilova against Azerbaijan. In its today’s judgment, the European Court has found violation of the Article 8 of the European Convention of Human Rights (right to respect for private life), and awarded her just satisfaction of EUR 4,500 for non-pecuniary damage and EUR 1,500 for costs and expenses.
(See the press release here, the full judgment here and the abstract from the press release below.)
Khadija Ismayilova v. Azerbaijan (no. 3) (no. 35283/14)
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The applicant, Khadija Rovshan gizi Ismayilova, is an Azerbaijani national who was born in 1976 and lives in Baku.
The applicant is a well-known investigative journalist who has worked for the Azerbaijani service of Radio Free Europe/Radio Liberty (“Azadliq Radio”), among other outlets. In particular she has conducted journalistic investigations into high-level corruption in Azerbaijan.
This is the third case the applicant has brought before the Court linked to an alleged campaign of intimidation against her because of her journalistic activity.
In March 2012 a video filmed secretly with a hidden camera in her bedroom, showing scenes of a sexual nature of her and her then boyfriend taken, was posted online. That and related events were the subject of the Court’s 2019 judgment finding violations of the applicant’s rights in Khadija Ismayilova v. Azerbaijan.
At around the same time and afterwards articles criticising the applicant were published in various newspapers. Another video of the same nature was posted online in the middle of 2013.
In November 2012 the pro-Government newspaper Səs published an article which made various derogatory remarks about opposition-oriented journalists and opposition politicians. Among other things the article stated: “If opposition newspapers’ pen-pushing blabbermouths have such cheap and narrow thoughts, let them make room for Khadija Ismayilova in their Public Chamber and name her the Public Chamber’s Pornstar Cicciolina!” The article went on to make a number of sexually-themed statements concerning “Cicciolina”.
The applicant sued the newspaper, alleging that the article was insulting and damaging to her honour and dignity, her right to respect for her private and family life, and her right to freedom of expression. She submitted that she was facing blackmail in connection with her journalistic activity as her private life had recently been invaded and a secret video-recording of her had been filmed and released on the Internet. The Sabail District Court dismissed her claim in February 2013. Appeals by her were also dismissed in June and October 2013.
In December 2014 the applicant was arrested and detained on a charge of having incited a former colleague to commit suicide. Those events were the subject of the Court’s judgment, finding violations of the applicant’s rights, in the Court’s 2020 judgment of Khadija Ismayilova v. Azerbaijan (no. 2).
In the current application the applicant complained that the respondent State had failed to protect, in particular, her rights under Article 8 (right to respect for private life) of the European Convention as the courts had not sanctioned the newspaper for its article on what it had depicted as her private and sexual life.
Violation of Article 8
Just satisfaction: EUR 4,500 for non-pecuniary damage and EUR 1,500 for costs and expenses
Council of Europe
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