International judicial system within the legal framework of Azerbaijan

The Azerbaijani government does not comply with its own obligations under international treaties. In particular, decisions  of the European Court of Human Rights are not carried out,   the  UN mechanisms for the protection of human rights  are not followed. This was the leitmotif of today's meeting, organized by the "Platform of Civil Society," a union  of representatives of the civil society activists in Azerbaijan.

The event was attended by leaders of many NGOs, representatives of the ombudsman system. However, representatives of the presidential administration, the Ministry of Justice, the judiciary and the parliament did not come to the event, despite the invitation.

In his speech, the lawyer Alasgar Mammadli said that the bill providing for ignoring the decision of the European Court of Human Rights was submitted to the parliament. Discussion of the document and submitting it to the plenary session  is abuse of power and a gross violation of the Constitution, he said.

"According to the Constitution, the laws relating to human rights and freedoms, can be taken only by a referendum. In addition, this bill is contrary to the European Convention on Human Rights. Therefore, the Parliament has exceeded its authority," he said.

Lawyer Khalid Bagirov said that the European Court has accepted more than 110 decisions on Azerbaijan, but in these cases compensation is not paid. In these decisions, the European Court recorded violations of the following Articles of the European Convention on Human Rights: 2 (right to life), 3 (the prohibition of torture), 5 (right to liberty and security), 6 (right to a fair trial.)

There are dozens of decisions on all these cases, however, the Azerbaijani courts do not reconsider their decisions, decisions of the European Court does not operate. In addition, there is the decision of the European Court for violations of property rights, violations of freedom of expression, assembly, and labor rights, and so forth.

In the history of the European Court were adopted 40 decisions on violations of electoral rights; of them 17 decisions are on Azerbaijan. If to take into account that in each decision are notred few facts and few people appear, then the  number of violations is more. "Thus, the number of violations of Azerbaijan is a European champion," said Bagirov.

The debate participants also noted that Azerbaijan has not fulfilled many of the UN recommendations on human rights and freedoms. Thus, only in 2010-2015- years. Azerbaijan has received 334 complaints of ill-treatment in the prison system, 984 - in the Ministry of Interior, 677 - in the Prosecutor's Office.

"The UN Committee against Torture could not get answers to these complaints, as well as complaints to the ombudsman apparatus on: violation of gender rights, the deportation of foreign nationals, improper use of force, corruption in the courts, the lack of alternative military service, restrictions on freedom of expression, not adoption of the law on defamation, the arrests of human rights defenders, obtaining confessions by torture, etc."said the  lawyer Ziya Guliyev.

The lawyer Asabali Mustafayev believes that there should be a body that monitored the implementation of European Court decisions and execution of international obligations. Currently in Azerbaijan there is no specific person or body that is responsible for this, Mustafayev said.

The representative of the Ombudsman Faik Agayev expressed his disagreement with the above facts, saying that the country has made positive steps in the field of human rights. As evidence of the announced visit by representatives of the ombudsman all places of detention, monitoring prisons. He also claimed that the Ombudsman has not received any complaints of torture.

In addition, the adopted state program on human rights in the country and the authorities have the political will in this regard, Azerbaijan is a member of many international organizations, has joined many conventions and Ombudsman reports regularly to the Parliament, said Faig Agayev.

The head of the Center for strategic thought Isa Gambar said that the authorities are copying reactionary laws in Russia. Some initiatives also come from there. Authoritarian regimes support each other, it is necessary to prevent such initiatives from the north, says Gambar.-03C-