Pending amnesty

- Alimamed Bey, according to the decision of the Supreme Court the journalist Aziz Orujov has been conditionally released. There is an opinion that after the elections such steps will repeat. Is this true?

"I was very happy about the release of Aziz, I have always considered him a man deserving liberation, and I am very glad that the court, taking a decision in his respect, took all this into account at the last moment. At the same time, I always expressed my thoughts in this aspect both as the head of the Foundation for Constitutional Studies and as the coordinator of the Open Government Platform. And I am very pleased that he is at large. On the other hand, I cannot say anything about who exactly will be covered by the pardon order. Expressing some opinion about this would be wrong, since it is exclusively presidential constitutional powers. The president decides who will be pardoned. As a member of the Pardon Commission, I must say that we express our opinion in connection with the incoming appeals, and we adopt collegial decisions that have a recommendatory character. The question of who will be covered by the pardon order is finally decided by the president. And, of course, I would also like everyone to be free. But at the same time, there are legal requirements. I believe that all issues should be resolved within the framework of these requirements. And so far we have witnessed that such issues were resolved in accordance with the requirements of the law. We have seen that many of the persons spoken of in society have been released. I, and as a defender of human rights, would like to wish everyone to be free. Because being a defender of human rights means being an advocate for everyone to be released. This follows from the philosophy of the defender of human rights.

-The announcement of the amnesty was expected before Novruz Holiday. Even some press organs replicated the information that there will be a very large pardon. But it was postponed for the period after the presidential election. What is the reason for this? There is an opinion that such a step is taken to check the reaction of society, the civilized community, political prisoners. Like a palpation of the pulse. What do you think of it?

In my opinion, this is a very wrong approach. First, there is no indication in the Azerbaijani legislation of a specific date for issuing an amnesty order. This applies exclusively to the constitutional powers of Mr. President. These powers are expressed in decrees issued regularly by Mr. President, proceeding from the principles of humanism and charity. And the approach you noted is voiced on the eve of any anniversary, national holidays, important dates of the Azerbaijani state, statehood. This is the case before the Novruz Holiday, the Day of Solidarity of World Azerbaijanis, the New Year, as well as on the eve of the Feasts of Sacrifice (Gurban Bayramy) and Ramazan, Flag Day, Army Day, various celebrations. Whenever these holidays approach, rumors immediately appear that a pardon will be declared. If you follow the history of issuing amnesty orders, you can see that they really took place during the days of various celebrations - national holidays, as well as important historical dates in the life of the Azerbaijani state. Since the day of independence until today, 63 decrees on amnesty have been signed, which resulted in the release of more than 7,000 people. During the presidency of Mr.Ilham Aliyev, more than 30 such decrees were signed, and almost 4,000 people were released from prisons.

The last decree on pardon was published last March, on the eve of Novruz Holiday, and then 423 people were released, the vast majority (412) of whom were released from the rest of the sentence. Therefore, I understand the appearance of these rumors. However, it would be erroneous to link the publication of such decrees with any political event taking place. And now it was necessary to fully consider all appeals coming in connection with the forthcoming amnesty. Every appeal should be carefully discussed at the session of the Pardon Commission, where everyone has the right to express their views, which takes time. It is necessary to collect detailed information, references on each appeal. In addition, it is important to discuss all this seriously, which also takes time. Appeals are still being considered. The Pardon Commission performs its work, meets regularly. In general, the work of the Secretariat of the Clemency Commission and the President of the Republic of Azerbaijan with law enforcement bodies is conducted regularly, and the Pardoning Sector of the Defense Service is continuous. Every day, requests are made in connection with incoming appeals, and relevant inquiries are made. All this does not happen immediately. At the same time, if someone sets out his wishes and aspirations in one form or another, this does not mean that the decisions corresponding to them should be taken. That after some specific time, orders for pardon must be issued without delay. Sometimes, after seeing similar interviews or articles, I am very surprised. Apparently, their authors are not sufficiently informed about the nature, content and principles of the functioning of the institution of pardon, or deliberately try to bring this issue beyond the limits of a purely merciful attitude and send it along some political channel. Then, as you know, in the amnesty orders issued so far, the issues were considered regardless of the position of the person, and the same, equal attitude was shown to all. Because every incoming appeal is considered, proceeding from the principle of equality of all before the law. In doing so, many criteria are taken into account. These criteria, above all, represent a balance between the interests of society, the state, national security, the victim and the convicted person. If all appeals were immediately satisfied without distinction, it would in general be contrary to the essence of the institution of pardon. Pardon is one of the institutions of state charity, which is part of the exclusive rights of Mr. President.

- Speaking about palpating the pulse, I meant the checking by the authorities the reaction of political prisoners, opposition parties and civil society.

- In the activities of the Pardon Commission, every single convict, regardless of whether he is called a political prisoner or not, manifests a unified attitude. At the same time, the Charter of the Pardon Commission contains clear procedures that indicate what points are taken into account when considering the appeal of a person. The health of a person, his marital status and the interests of society are taken into account. His attitude to work, his behavior during his detention in the Penitentiary Service. All this is evaluated in a comprehensive manner and taken into account when making a decision.

- The media reported that 500 prisoners will be pardoned. At the same time, you say that the meetings of the Pardon Commission are continuing. In general, how many people will be submitted to the amnesty, and in general, which of the recognized political prisoners will be included in the list?

- "First of all, I would like to note that I do not remember that one of the members of the Pardon Commission or any government official or any particular official called the number 500, and this cannot be discussed. It is impossible to give such information to officials or members of the Clemency Commission. This is in principle impossible to determine. It is possible that in this regard, some human rights activists or journalists have given some figures, but no one can name the specific number of people who will be released, and this falls within the competence of only and only the president. This is determined by the president. On the other hand, it would be wrong if officials, including members of the Pardon Commission, disseminated any information regarding the names of the released people. The disclosure of information on whether any convicted person has submitted a petition for clemency also does not comply with the requirements of the law. Because in the Law "On access to information" this information is defined as personal data. And only the person can disclose personal information. From this point of view, disseminating information about who submitted the petition contradicts the requirements of the law. Another issue is related to the fact that in general, during the consideration of the appeal, the scoring of the related data contradicts both the professional ethics and the nature of the working discussions. At the same time, given that the conclusions on all incoming appeals are recommendatory in nature and ultimately are presented to the president, then hardly anyone can take responsibility and name those who are included in the list of the Commission on pardon. Therefore, I am not going to express any thoughts about this, and I believe that we cannot interfere in matters relating to Mr. President's authority.

- Could it happen that this amnesty will release all political prisoners? Because some experts believe that after the successful completion of the elections, Ilham Aliyev can do this as a gesture addressed to the world community, the West, the European Union.

- Sometimes some experts sound thoughts that are far from the truth. According to my observations, the president of Azerbaijan never takes any obligations for anyone, be it an organization, some institution or any persons. All issues are resolved, regulated in accordance with the requirements of legislation, according to the contracts. On the other hand, you know, in Azerbaijan this year is a year of very important historical events. The year 2018 was proclaimed the year of the 100th anniversary of the Azerbaijani Democratic Republic. This year will be carried out numerous activities, adopted resolutions, decrees, laws, orders. In this regard, I do not rule out that there may be an amnesty order on the occasion of the celebration of the 100th anniversary of ADR. But to connect it with specifically someone's pardon is completely wrong and far from the truth. Because, as one of the members of the commission involved in the consideration of these appeals, I know that here they do not make concessions to someone and do not push anyone to the background. If a petition, petition is filed, they are considered. There are two forms of petition for pardon. One of them is a statement. In the form of an application, the convicted person, his legal representative or lawyer can apply. On the other hand, the deputies of the Milli Majlis, the Ombudsman of the Republic of Azerbaijan, the administration of the Penitentiary Service, including representatives of local and international NGOs, as well as these organizations themselves can apply for pardon of individuals. In this regard, there is a unified approach to all appeals and petitions. Nobody giving preference, not pushing anyone into the background, they are all considered and discussed in detail.

- Alimamed bey, is there any expectation of any softening in the policy regarding legislation on NGOs, civil society and donors?

- After making some changes to the Law on NGOs in Azerbaijan in 2013-2014, there were some difficulties with access to resources. Basically, this is due to access to the resources of foreign donors. At that time, the goal, the argument for amending the law, was to ensure transparency and accountability. Unfortunately, many NGO grants have been misused. In some cases, even corruption and violation of the law took place. In connection with this, criminal cases were opened as well. All this made it necessary to amend the law. Unfortunately, in some cases, there was discrimination in granting grants by foreign donors. Large grants were issued only to those NGOs that were close to certain groups, were in orbit with certain political forces, pursued certain political goals. This also caused a lot of questions. And from this point of view, the introduction of changes in the legislation was necessary. In addition, in some cases, there was also talk about the existence of money laundering or the presence of terrorist financing in grant operations carried out at the expense of financial resources of some states. Some funds belonging to the Middle East and Middle East countries were closed in Azerbaijan. There were also relevant facts. But I believe that in the current situation, the goal set in 2013-2014 is already achieved in general. We have prepared legislative proposals to take measures to facilitate access to external grants. After making some amendments to the Law on NGOs in Azerbaijan in 2013-2014, there were some difficulties with access to resources. Basically, this is due to access to the resources of foreign donors. At that time, the goal, the argument for amending the law, was to ensure transparency and accountability. Unfortunately, many NGO grants have been misused. In some cases, even corruption and violation of the law took place. In connection with this, criminal cases were opened as well. All this made it necessary to amend the law. Unfortunately, in some cases, there was discrimination in granting grants by foreign donors. Large grants were issued only to those NGOs that were close to certain groups, were in orbit with certain political forces, pursued certain political goals. This also caused a lot of questions. And from this point of view, the introduction of changes in the legislation was necessary. In addition, in some cases, there was also talk about the existence of money laundering or the presence of terrorist financing in grant operations carried out at the expense of financial resources of some states. Some funds belonging to the Middle East and Middle East countries were closed in Azerbaijan. There were also relevant facts. But I believe that in the current situation, the goal set in 2013-2014 is already achieved in general. We have prepared legislative proposals to take measures to facilitate access to external grants. By the way, in 2016 the Open Government platform came up with an appropriate initiative and proposals for access to external grants. Our proposals were also taken into account in the October presidential decree on foreign grants. At the same time, in 2017 the Cabinet of Ministers adopted two resolutions on granting and registering grants. Of course, all this created new opportunities and favorable conditions for the dynamic development of certain issues in a positive direction. It should be noted that in 2016-2017 foreign grants to Azerbaijan accounted for 46-54% of the total amount of grants. If I am not mistaken, the volume of received grants amounted to 129 million manat. In general, we are talking about the receipt of foreign financial resources. This included grants, and donations and service contracts. I know that today NGOs have signed numerous service contracts with donors and implement certain projects. The main issue is that the Open Government platform has again prepared a package of proposals for amending the legislation. They are related both to the facilitation of the processes related to the granting of grants by external donors, and issues of access to resources, and to the improvement of the environment for the activities of other NGOs. Since within the framework of the national action plan to assist the Open Government in 2016-2018, measures were taken to prepare proposals for improving the state of the environment for civil society. At present, steps are being taken to implement these proposals. There have been changes related to both the creation of public councils and the level of representativeness of the public. In particular, we very much want and prepared many proposals, so that the legislation changes to completely eliminate the difficulties. I hope and I believe that the dynamics of this process, which began in late 2016, is high, and it will continue. The activities of NGOs will be further strengthened, their access to financial resources will be even more facilitated. In his recent TASS interview, Mr.President stressed that it is necessary to strengthen public control. This will also create additional opportunities for civil society to strengthen public control.