The case of wiretapping has no prospects in Azerbaijan, but ...

Baku/26.07.21/Turan:   In the “Difficult Question” program, a member of the Bar Association Elchin Sadigov told about the legal aspects of "wiretapping" of citizens, the measures taken by human rights organizations in connection with the government's tapping of gadgets of members of civil society, human rights defenders, leaders and opposition activists using the Pegasus program of the Israeli company NSO Group.

According to him, NSO Group does not deny that it sold the product. However, he claims that these products are designed and sold not at all for wiretapping and spying on law-abiding citizens, but for the purpose of ensuring security, i.e. identification and prosecution of criminals. The provision of this program by the company to Azerbaijan is not a subject of dispute - NSO Group does not deny the fact of the sale, but the application of this program was carried out in violation of the law.

“Without a court decision that has come into force, no one can be considered a criminal and prosecuted. According to Article 10 (Operational-search measures) of the law "On operational-search activities". It indicates how operational-search measures can be carried out. The measures that were taken against members of civil society, human rights defenders, leaders and opposition activists are not spelled out in it. They are illegal because they are accompanied by the collection of personal information and the establishment of constant surveillance over them.

According to the lawyer, having established a wiretapping for law-abiding citizens, the state bodies, having committed an abuse, exceeded their powers. Abusing their official position, they illegally invaded the privacy of citizens. In this regard, based on materials published in the media, the General Prosecutor's Office was to initiate immediately a criminal case. Unfortunately, this did not happen. Here, at least such Articles of the Criminal Code as 308 (Abuse of official powers), 155 (Violation of secrecy of correspondence, telephone conversations, postal, telegraphic or other messages) are violated, and there are signs of the composition of Article 156 (Violation of privacy).

Unfortunately, the Azerbaijani government did not express its attitude to this case. Although the receipt of information is confirmed.

Sadigov said that the state must submit to the judicial authorities an agreement with the NSO Group, the persons who concluded it, information - what devices were used to monitor, what information was collected, who carried out this process. “We will demand that they be brought to criminal responsibility,” he promised, adding that if this does not happen, that is, if the prosecutor’s office does not conduct an investigation and the courts do not deliver a fair decision, then human rights defenders will apply to the ECHR (European Court of Human Rights).

The lawyer intends to bring Azerbaijan to justice for violation of Article 8 (On the Protection of Human Rights and Fundamental Freedoms: "The Right to Respect for Private and Family Life") and Article 18 (Limits on the use of restrictions on rights) of the European Convention on Human Rights.

“It is obvious that Azerbaijan would like to stop this process or at least make it so that it does not receive publicity. Of course, we understand that the prosecution bodies and courts in Azerbaijan do not have independence, and therefore, this case has no prospects here. But we intend to see the case through to the end, we will reach the ECHR,” he promised. —0—