Lawyer: "Holding actions in the city is legal"

Baku/29.07.17/Turan: There were no protest actions in the center of the capital for a long time. The uncoordinated actions held in 2013 uncoordinated with the authorities were against the massive deaths of soldiers. After that, the opposition preferred to conduct the Baku City authorities at the Mehsul Stadium. However, the other day a group of members of the Popular Front Party of Azerbaijan numbering about 40 people tried to hold a peaceful action near the Ministry of Justice.

Protesters demanded that the arrested deputy of the PFPA Gezal Bayramli arrested several months ago to be given the necessary medicines. The action lasted only a few minutes and was severely dispersed by the police: the posters were torn, and the participants were seized, some of them were beaten and taken to the police station. However, on the way most of them were released. However, the detainees subsequently stated that their rights had been violated and they intended to go to court.

In Azerbaijan, often such actions end with detentions and administrative arrests for the resistance of the police. Is it necessary to permit the holding of a peaceful picket of the relevant bodies and to what extent are the actions of the police lawful? How to behave, if you are arrested by the police?

Commenting on these issues, lawyer Asabali Mustafayev told Turan that in accordance with the law, no permission is required to hold a peaceful protest: "However, it is necessary to inform the executive authorities about the intention to conduct the action in advance. After this special permission is not required, because everyone has the right to hold a rally. On the other hand, it is necessary to analyze how much the prevention of a rally is important for a democratic society. This is tested by the European Court: was the dispersal of the rally legitimate, as far as it is important for a democratic society. The European Convention emphasizes that if the rally was peaceful, then there is no need to disperse it, even if it was not reported about it. Because preventing a rally violates two fundamental human rights - the right to freedom of assembly and freedom of expression. "

The lawyer also spoke about the decisions of local courts and the European Court regarding the cases of dispersal of rallies: "Local courts always make a decision in favor of the police. However, the European Court usually regards such cases as a violation of human rights. Many meetings were held in Azerbaijan in recent years, a large number of people were detained. In this regard, we sent complaints to the European Court, which took dozens of decisions, stressing that, despite the fact that the rally was inconsistent, its dispersal was inadequate," Mustafayev said.

The lawyer of Samir Agayev told what to do if there was a detention during the action. According to her, first of all it is necessary to demand that the police officer introduce himself and explain the reasons for the detention: "Inadequate physical strength cannot be applied to detention. A citizen should also not use physical force against a police officer. In the station, if there are serious suspicions, a citizen can be kept for 3 hours, after which he must be released or charged. "

Agaeva also explained the rights of the detainee: "When detaining a police officer, he must explain to the citizen his rights, that he has the right to counsel and silence. In addition, the policeman must draw up a protocol of detention in the presence of two witnesses. The detainee must give evidence only in the presence of a lawyer, who in turn must file a petition for an expert examination if physical force was applied to his client. The use of physical force, torture during detention and in the area is unacceptable and contrary to Article 3 of the European Convention on Human Rights. A policeman who has used force must be held accountable. "