Khalid Bagirov: Ignoring international law contradicts the Constitution of Azerbaijan

On 27 April an informal association of the Civil Society Platform held a Forum  "The place and role of international courts in the legal system of Azerbaijan." The need of the forum was dictated by the growing resistance to the government's decision of the European Court of Human Rights, told a lawyer Khalid Bagirov,  one of the keynote speakers of the forum in the  heading «Cetin sual»  (Difficult question).

- Civil Society Platform invited the government to fulfill obligations under international instruments. What is the essence of these proposals?

- The main proposals were related to the execution of European Court decisions. Azerbaijan, unlike many countries, does not have the ECHR judgments execution mechanism. And this is the basis of all the proposals. So, there is no structure that controls the execution of European Court decisions. In addition, there are problems with the implementation of these decisions, their understanding by judges and law enforcement agencies. Therefore, the government should make serious steps.

Another proposal concerns the reforms in the legislation to fill the gaps originating from the ECHR judgments. There are proposals in connection with the compensation.

The bill on non recognition  of international decisions,  that do not meet the interests of Azerbaijan was submitted to the Mill Mejlis. What does this bill  suggest?

-The bill is  entitled: "On the possibility of execution of the decisions of international intergovernmental bodies made against Azerbaijan." Of course, one of these bodies is the European Court. On the other hand, there are the judicial structures of the United Nations related to this  committees, working groups, decision makers in this area. Apparently, it is proposed to implement the decision of the authorities to introduce a mechanism of the request. For us, this is not a new concept. In the European space   Russia first  did it. Unfortunately, we again draw eyes on Russia, as a model.

It is noteworthy that we have recognized these international mechanisms as a sovereign state. Recognized by putting our signature, making it  an integral part of our law. On the other hand, it should be noted that the European Court and other mechanisms to deal with cases on the basis of specific international agreements on human rights and freedoms. These rights and freedoms reflect not  the extensive rights, but freedom of the minimum. In our Constitution are widely reflected and guaranteed human rights and freedoms. The Constitution is supposed to direct implementation of these documents. That is specifically stated that all international instruments in the field of human rights and freedoms are an integral part of the legislation of Azerbaijan. In this case, there can be no question on contradictions between these documents and the Constitution.

-What is the spectrum of European Court decisions on Azerbaijan?

- The spectrum of  affairs considered in connection with Azerbaijan is quite wide. If we take as a basis the number of decisions, the main are  the  decisions relating to the lack of a fair trial.  There are 52 such decisions. This is followed by a decision on inhuman treatment, torture, and there are 18 such issues.

The same is the number of violations of the right to freedom of decision, that is, illegal arrests.

There are also  decisions on the violation of election law. We are "champions" in Europe in the field of violations of the electoral law. In the history of the European Court were adopted  approximately 40 such decisions, 17 of which belong to Azerbaijan. However, to be precise, we are talking about  28-rulings. Fourteen  cases were combined, and three decisions were past  in December last year.

-How are these solutions executed in Azerbaijan?

-In the  decisions of the European Court  there are two ways: specific instructions, the requirements concerning the rights of a specific person, a claim for compensation and other. There are general instructions and that the government should remove, re-order such complaints to the European Court have been received. There are serious problems in the execution of individual measures in connection with the European Court. They mainly concern the violation of Articles 2.3 and 6 of the Convention. We are talking about inhuman treatment and torture. If the fact is confirmed by the European Court of torture, the perpetrators should be punished.

On this subject were issued 14 decisions. However, none of them were met, no any punishment followed. Ombudsman's Office representative said that in Azerbaijan have not been found evidence of torture, and European Court identified 14 cases of torture. In fact, the ruling of European Court is not performed.

- What things need to be reviewed?

- Three months after the decision of the European Court, the Plenum of the Supreme Court should raise this question. These cases are reviewed again and all decisions of local courts shall be revoked. This was the situation in the case of ex-minister Ali Insanov. In 2011, a decision  of European Court entered into force. Only in 2013, the Azerbaijani Supreme Court Plenum considered the case. This is a serious violation of human rights of unfairly convicted person; or, for example, the case of prisoners October 16, 2003. The European Court found that these people were unjustly convicted, and a decision  on retrial was adopted. However, to date, the Baku Serious Court has not considered these cases.

- In the decisions of the European Court  there were also recommendations on laws, regulations, changes in the electoral law. However, the European Court again received complaints.

- In the system of European Court decisions violation of voting rights held under the name of general measures. This is followed by the Committee of Ministers, which determines the measures to be taken by the government to address the violations that have adopted a systemic nature. This principle is provided that the European Court is not filled with similar complaints. At the deputy chairman of the Classic Popular Front Party Beybaly Abil  there are two cases against Azerbaijan. These cases are called – Abil against Azerbaijan-1, Abil-against Azerbaijan-2. In the first case it is determined that Abil's candidacy in the elections was terminated in 2005 illegal. In 2010, Abil appealed to the European Court with a similar problem. Most complaints received by the European Court in 2015, associated with repeated complaints  in connection with the 2005 parliamentary elections.

-Azerbaijan also joined the fight against the UN Torture Convention of Human Rights. Various UN agencies should conduct monitoring in Azerbaijani prisons, in places of detention. How are these mechanisms and recommendations executed?

- Over the last 2-3 years the government of Azerbaijan has serious problems with many international organizations. In Baku  were closed  offices of most of the international institutions, including the OSCE. At the same time, the Azerbaijani government has refused to cooperate with UN agencies.

The UN Committee against Torture has Rapporteur on Azerbaijan. Two years ago he came to Azerbaijan, and wanted to monitor prisons. But he was refused, and he left.

The Council of Europe also has a structure against Torture. It prepares reports, but the two countries - Azerbaijan and Russia, do not allow this structure to publish reports about themselves. This attitude creates serious problems. -0-