Prostitution is a phenomenon of economic unfreedom

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- Samed bey, specific tasks have been set since September 2 in Baku in compliance with a plan approved by the Baku police headquarters directed to fighting actions contrary to public morals and national mentality. In short, these measures are aimed "at preventing actions contrary to public morals and ethics". What do you think, how fair are all these measures?

-I do not think these measures are correct, since "public morality"and "morals" are not areas of the government responsibility. Society is responsible for things of this kind. If these acts are voluntary and one party does not force another party, the state must keep itself aloof from these cases. However, the Azerbaijani legislation enforces the police to interfere with this sphere: both the Criminal Code and the Code of Administrative Offences impose a ban on crimes against the public morality. The said ban empowers the police to settle bans of this kind. Regretfully, these powers are vague and, hence, open for abuse. It is highly likely that abuses will be typical in practice, so I consider this step inappropriate.

-In your opinion, can these measures be interpreted interference with private life of citizens?

-Prostitution and various social and moral events are components of private life. No sober-minded person would play boards games in the middle of the street. This may take place at such confidential places as private houses, pubs, café and bars. From this point of view, police actions as mentioned above are fraught with interference with personal life of a citizen. Until now, actions of this sort result in ungrounded interference with private life. For example, owners of hotels and rental apartment demand marriage certificates from a man and a woman willing to stay there together. This is none ther than a direct result of police interference. For this reason "intensification" of police activity on this track is sure to lead to enhanced interference with private of citizens.

-If you remember, raids of this sort had at one time been carried on in the boulevard and 28 May underground station. However, ordinary citizens, people in love, betrothed and family persons suffered much from these raids. In reality, pairs in love became victims of these raids. This notwithstanding, the situation was a sort of money trap and did not change, for these raids pursued an aim to get bribes. Will current measures lead to increased bribery facts?

-It has to be kept in mind that enlargement of government"s authorities in certain spheres always lead to enhanced corruptness of government officials. Another consequence of corruptness is acceptance of bribe through abuse of law and threats. Prostitution and protection of public morals together with public order or even petty hooliganism are among actions of the category stated above. Today"s "intensification" of police is likely to prevent partnership of pairs within the framework of their private life.

-The report deals with the creation of a special squad of police officers and public security men to engage in preventive measures against easy virtue persons earning their living at "Fountain square", Nizami street on a territory of Sabail district, at the intersection of Samed Vurgun and Nizami streets". In other words, measures against persons offering sex services to Arab tourists in the center of the city are in effect. Is it a way out of the situation? Is it worth fighting this phenomenon? If yes, in what form?

In general, the state should not interfere with voluntary sex bargains. True, the state is entitled to suppress or restrict implementation of sexual bargains in public spots. The public space is not a private zone. Yet, the state should interfere with private zone. Owing to the fact that the state in Azerbaijan seriously interferes with private zones (private apartments, hotels, Internet, etc) and imposes restrictions, a part of prostitutes have to conduct talks on sexual services at public places. If the state declines from interfering with private zones and raising difficulties, it"d be practically senseless to carry out talks of this sort at public places. Besides, the state and the public will not witness sexual bargains at public places. However, these bargains are made at public places because of restraints imposed by the state on making bargains in private zones. And again, it is the government"s" further interference that makes it no possible to make these bargains at public places. As a result, the state is eager to resolve the issue through creating a new issue.

Wouldn"t it be better to legalize the prostitution instead of taking measures of above sort?

-Yes, legalization of the prostitution is the most optimum alternative. It is natural that not only the prostitution but most crimes against the public morality (illegal spreading of sexual content materials or items, maintaining of dens, organization of gaming houses, vagrancy). It is not a sphere of government"s interference. In general, the state cannot prohibit actions that make no harm to other persons or the so-called "crimes without victims".

-As a whole, should the state interfere with this area? If yes, how and in what form?

-The most acceptable for the state to interfere is to restrict sexl bargains at public places. The said restrictions are aimed at preventing arrangements of this sort and moving negotiators from public places without any legal actions against them. In so doing, the state cannot interfere with process of reaching arrangements in private places (cafe,restaurant, private house, Internet, etc.). However, due to serious restrictions on the latter, arrangements occur at public places.

- Isn"t the rise in the number of persons offering sex services in the central streets of the city an indicator of decline in social well-being of the population? The problem cannot be resolved through forcing them out of the central part of the city. What needs to be done to dissuade them from poverty-caused sex?

-To improve their social welfare, people resort to any professions. And the prostitution is not an exception to the rule. Many people avoid this profession, for the society has formed moral standards of the prostitution. It should be recognized that the prostitution will exist for ever. The point is that sexual services are a kind of trade. It is also natural that an essential part of society will always shun the prostitution for moral reasons. However, the prostitution going back to ancient times is a historical inevitability. That said, the fact of the prostitution cannot trouble us. True, the question is about a voluntary prostitution (forced prostitution is a human traffic; it is banned for it harms other people). Granting this, the prostitution as a way toward enhancement of population"s well-being is none other than reality, and we as society must accept it.

In other words, the only way of enhancing population"s well-being is state"s non-interference with the economy. However, nowadays we are too far from this goal. Under the current situation the society cannot but accept the prostitution while the state is meant to accept the prostitution within the private life framework.