GRECO recommends removing the influence of the Executive Authority and declaring incomes

Baku/19.05.21/Turan: "GRECO takes into account some progress in the implementation of the recommendations addressed to Azerbaijan in the Fourth Evaluation Phase. Of the twenty-one recommendations only fourteen have been implemented satisfactorily, four have been partially implemented and three have not been implemented".

This was announced today, 19 May, in connection with the report on the fourth round of the assessment of the Annex to the Second Report on Azerbaijan's compliance with the Council of Europe's Group of Anti-Corruption (GRECO) document "Prevention of Corruption in the Activities of Members of Parliament, Judges and Prosecutors", adopted on 29 October 2020.

GRECO reported that one of the recommendations that Azerbaijan fails to implement is to quickly define the form of income declarations for MPs and to exclude the confidentiality of declarations.

"Ensure that a financial disclosure mechanism is implemented for MPs and that information on the application of the disincentive and proportionate penalties and justification for the penalty in case of non-compliance with these requirements is made public".

GRECO reminds that this recommendation has not been implemented.

"GRECO urges the government to implement this recommendation. Because failure to do so would raise questions about the political will to implement an effective asset disclosure system ".

One unimplemented recommendation is that the mandate of the Judicial and Legal Council does not explicitly include clauses on the protection and strengthening of the independence of the judiciary.

"The role of the Judicial and Legal Council in the judiciary should be strengthened, and this should be ensured by the fact that at least half of its members are directly elected or appointed by their colleagues, and the chairperson of the JLC is elected from among the judges".

It is noted that the government has not provided any new information in this regard.

"GRECO welcomes the extension of the term of service of the Judicial and Legal Council in order to protect the independence of the judiciary. However, GRECO regrets the lack of progress in implementing the second part of the recommendation, i.e. ensuring that at least half of the members of the JCL are elected or appointed by direct vote of their colleagues and that the president is elected from among the JCL judges ".

GRECO recommends further strengthening the independence of the judiciary.

"GRECO believes that the five-year probationary period for judges should be considerably reduced and permanent appointments should be made on the basis of clear, objective and transparent criteria".

GRECO recommends that amendments to the Law on the Prosecutor's Office should be considered in order to exclude any undue influence and interference in the activities of the Prosecutor's Office during criminal investigations.

"The organization, abolition and basic organizational structure of all prosecutors offices should be defined by law. GRECO welcomes the amendments to the Law on the Prosecutor's Office, which to some extent limit the powers of the President and Parliament to "control" the activities of the Prosecutor's Office. However, GRECO is disappointed at the lack of progress in the organization, abolition and regulation of all prosecution services".

GRECO recommended to make asset declaration procedures for prosecutors a priority and to abolish the confidentiality of asset declarations by all prosecutors. Establish an appropriate structure within the General Prosecutor's Office to supervise asset declarations. GRECO recalls that no progress has been made in implementing this recommendation".

GRECO also believes that the "unnecessary influence of the executive authority over the prosecution service remains a very problematic situation and the issue of disclosure of assets linked to the prosecution service has not been resolved at all". - 03-