Ilham Aliyev approves the restrictive amendments to the Law "On receiving information"

On July 6 President Ilham Aliyev  signed  the  decree approving  amendments to the laws "On receiving information," adopted by the Milli Majlis on June 12.

    According to the innovations, the permission for getting information is given only in cases when  it does not contradict to : the interests of Azerbaijan in the political, economic and military spheres, finance and credit and monetary policy, public order, health or morals or the rights and freedoms of other persons, protection of commercial and other economic interests, the authority and impartiality of the court.

     The amendments have caused a negative reaction of local and international democratic community.

      These innovations  restrict  freedom of information and expression  greater than it  is permitted by  the Article 10 of the European Convention on Human Rights.

   According to paragraph 2 of this Article, the  disclosure of information  may be limited only " for the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, protection of health or morals, protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or maintaining the authority and impartiality of the judiciary." That is, these restrictions do not apply to the economic and commercial information.

    Along with amendments to the Law "On receipt of information",  on June 12,  the parliament made amendments  to the laws "On State Registration and State Register of Legal Entities" and "On a commercial secret."

    The essence of these amendments was attributing to the trade secret the information about the founders and owners of companies.

    Amendments to these laws, which also resulted in criticism of local and international experts, have not been approved by the president yet.

    But even if to suppose that these amendments will not be approved,  the changes in the law "On receiving information" allow state agencies  not to provide with  information about the owners of companies, even journalists. 

    All this will further reduce transparency and encourage corruption.

    "Legislation should strive for transparency rather than secrecy," said Thomas Markert, the secretary of the CE Venice Commission, commenting on the above amendments to the legislation  of Azerbaijan.—06D-