Azerbaijan needs a new constitution - Fuad Agayev

Baku / 12.11.18 / Turan: The Constitution, as a legislative act, guarantees human rights and freedoms. However, in practice the situation is different, because a number of provisions of the Constitution relating to the protection of human rights and freedoms are violated by administrative bodies, courts and other government agencies. The well-known lawyer Fuad Agayev said in an interview with Radio Voice of America, commenting on the constitutional norms and practices of Azerbaijan.

There are violations arising from the misinterpretation of the law, but there are deliberate violations, the number of which has steadily increased over the past 15 years, he said, commenting on the question of whether the Constitution guarantees rights and freedoms to Azerbaijan.

Thus, in 23 years after the adoption of the Constitution, it has undergone significant changes three times, which affected the essence of the state structure of Azerbaijan. These changes, as a rule, were of a reactionary nature. The last package of changes increased the term of presidential authority to 7 years, eliminated qualifications, including the age for high-ranking government officials - deputies, vice-president, prime minister.

"Of course, all this was not progressive in view of world practice and we are already seeing their consequences," said Agayev. Another question is how transparent and fair were the referendums where these innovations were adopted.

With regard to rights, including equality of rights, the right to free elections, to a fair trial, they are also grossly violated.

What is the way out? Answering this question, the lawyer recalled that in August 1991, the Declaration of Independence of Azerbaijan was adopted, and in October - the Constitutional Act on State Independence. Since that time, 27 years have passed and during this time certain experience has been gained. "Unfortunately, a significant part of this experience is negative," Agayev said.

In his opinion, given the current experience and practice of applying legislation, as well as progressive traditions, it is necessary to draft a new Constitution. "We are ready to contribute. I would like to believe that the authorities want constructive cooperation in this direction. I would like to believe, but it is difficult to believe in it," summed up Agayev. -16D06--