Judicial system is in need of complex reforms

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Shukur-muallim, experts stress the importance of reforms in the judicial system in terms of political and economic reforms in Azerbaijan. Is the judicial system in so bad conditions?

-It should be understood that no political and economic reforms are possible without reforming the judicial system. If reforms are carried out, they cannot work effectively without independent, fair trials. Note that political and economic reforms are practicable if citizens are equal under the law and reside in terms of law supremacy. Those insisting on reforms in the judicial system of Azerbaijanare well aware of the present situation in courts of all instances. Ancient Romans used to say: "Justice is the foundation of the state." Is it typical for Azerbaijan? Regretfully, the answer is negative. Countries residing in line with this principle face no difficulties in legal framework. Failure in combatting corruption at the level of political leadership is directly related to the inefficiency of the legal system. What is it with economic reforms in terms of global curruption? What is it with independent courts if a governmental body encroaches rights of a citizen and the latter fails to protect his rights while a law-defying person escapes punishment?Are any reforms are possible under this circumstance? Not a chance. Judicial statistics say thata chance to gain suit at law against a governmental body is nil.

As for criminal cases, it is a topic in its own right. Suffice it to say that in the developed countries 5-25% of criminal cases end with verdicts of non-quilty. A figure in Azerbaijan hardly stands at 0,3 %! According to the State Statistics Committee, figures stood at 0,21% in 2012; at 0,24% in 2013 respectively. In the meanwhile, the number of cases tried exceeded11,000. From this it follows that courts decide matters from investigative bodies in the manner they demanded to. As a matter of fact, together with political will, another tradition matters as well. At present, law-enforcement, justice and judicial bodies of Azerbaijan are headed by persons, former Soviet judicial officers. As is known, the USSR is notorious for its repressions and legal prosecutions. In fact, outdated, dilapidated persons are due to be substituted for newly-educated intellectuals and experts. Clearly testifying to the situation around Azerbaijani courts and judicial system are decisions adopted by European Court for Human Rights. Note that many complaints have been decided in favour of claimants and instead the state punished.

-The judicial system is a branch of the authority. Why cannot the judicial system promote its own will?

-To promote their own will, the courts must be absolutely independent. However, appointed by the executive power the courts cannot be independent. Their appointments and dismissals are accounted for by the political will. I believe that I"ve answered the first question, partly though: courts are unable to oppose public authorities because of their private interests, so they cannot be fair-minded.

- Sometimes, owing to court decisions some people begin blaming the authorities, political system, regime; others finding guilty particular judges. Or are judges weak-willed so much?

-As for a matter of judges" falling victim to the system, I"d like to emphasize that judgeshaving been appointed by the system cannot fall victim to it. The above-mentioned does not apply to judges who are slaves of their greed and private interests. Nobody forces persons to become judges. Aware of privileged position of judges, persons concerned are seeking to take exams, surmount obstacles and finally hold a post of judge. To speak about victims of the systems is out of the question. Let"s assume that an honest person wants whole-heartedly to become a judge. Facing the system for the first time, he should cease his activity and resign as honest man. As you know, to compromise with one"s conscience is a sin in all religions. Have you ever witnessed a judge to have resigned? Judge"s lack of will is none other than voluntary absence of will. You ought to know that no judge dares to decide the case without aggreing it with the chief of the court. However, the law does not stipulate for this.

- Azerbaijan is ranked high by the number of complaints filed to the European Court for Human Rights. Inference should be drawn that our citizens are eager to obtain justice in other places. If so, what about courts of higher instances, including Court of Appeal, Supreme and Constituion Courts?

-Indeed, Azerbaijanis appeal frequently to the European Court for Human Rights, and many of their appeals have been decided in their favor. Do you know who is respondent in these cases? - The Azerbaijani state! Note that the Azerbaijani state loses most cases and has to pay enormous compensations. However, judges through the fault of whom the state has to carry the can keep on holding their position. However, in reality the political authorities have to investigate causes of the incident, put the guilty to justice. If no measures are taken, hence, the state is interested in pronounceing such judgments. Note that the mutual responsibility prevails among them. Judgments of courts of first instance may be allowed endlessly. As a rule, the Constitution Court does not consider cases, even those relating to the violation of Constitution provisions. Court"s refusal to take the case is not accounted for by the law but on the basis of dismissal of the appeal by an official from court"s reception department. As a matter of fact, the Constitution Court is a body to approve results of the elections.

-However, we notice that court buildings are renovated. Courts of Appeal are operating in some districts of the country. It is rumored that in the nearest future Asan Court system will be applied in Azerbaijan. If court systems are ineffective, why is the government seeking to create such conditions for courts to operate?

- In fact, all courts are to be modernized and quartered in contemporary type buildings. The court authority is the continuation of the political authority to serve interests of the latter. On the other hand, there is tendency toward splendor typical for oriental people. I"d say that buildings of our Milli Majlis and those of great Britain and Turkey are splendid. Our court buildings" refreshment is none other than bravado before foreigners: Look at our court buildings, they are so beautiful. Fancy "outfit" catches foreigners" eyes but a few is interested what contained inside. An elowuent testiomony to these are the fact that front access doors of these buildings are decorated, trees on the roadside are painted green, etc..

- What do you think, where are reforms to start from in judicial system? In the system of human capital or political-legal sphere? How to build a fair judicial system in Azerbaijan?

-The reforms in the judicial syastem should be carried out in complex form. First of all, a body to be reformed should be interested in the reform. To ensure independence of judges, it is imperative to bring their appointment/dismissal questions into conformity with the world experience; to strengthen the Bar institution, substitute an incriminatory component for objectivism. It is essential to foster population"s awareness of their rights, instill in them intolerance feelings against lawlessness in line with the world practice. Also, it is necessary to resolve matters relating to material security of judges and their families. However, it takes much time to resolve the issues stated above, so lots of people risk facing injustices. In my view, to accelerate the issue resolution, it is necessary to avail ourselves from the experiences of Singapore leader Li Kuan Yu, former Georgian president Saakashvili"s in neighboring Georgia and, finally, the experience of Europe and the United States. However, it is not sufficient to seek justice just at courts. It is our personal feeling of justice to ensure establishing a fair trial in Azerbaijan!