Ministry of Environment continues to violate the rights of citizens

The site of the Ministry of Environment published a list of 13 persons, which it has limited their right to visit a Shakhdag National Park . This is done  to prevent a violation of the internal behavior rules in the Park,  Turan was told by Vagif Cavadov, Director of  Department in the Ministry of Environment.

"Violators of the internal regulations and rules in the  national park will be  included and entered on the "black list", he said confidently. However, he could not explain exactly what will be  the violation, and who determines these violations?

It should be noted that three of the persons included on the "black list" are citizens of France, one – from Slovenia, one of Ukraine, and eight from Azerbaijan.

It is noteworthy that the list was placed on the website  of the Shakhdag National Park. However, the phones on this site do not respond. We  failed to speak to any  employee of the  Shakhdag Park to ask  some  questions.

The press service of the Ministry of Environment promised  to connect us with them, but instead, we got a call from Vagif Cavadov.

Lawyers  note that the management of the National Park does not have a right to limit people’s  free movement. Lawyer Alasgar Mammadov  told Turan, that such actions are contrary to the law.

"Human rights and freedoms may be restricted only by law and judicial decisions," he said.

We asked him to comment on the  paragraph 3.3 of the rules regulating the entry and exit of tourists in the mountainous areas of ​​the National Park, as well as providing them with a guide service.

It says the tourists during their stay in the territory of the NP must unquestioningly follow the instructions and the requirements of the guides and staff of the NP. Tourists who do not timely and properly follow instructions and requirements are "undesirable persons" (persona non-grata). In the future, they will not be admitted to the territory of the Park.

The rules were established in accordance with the law "On specially protected natural territories and objects."

However, Mammadov said that the rules do not contain any article directly restricting the rights and freedoms of the people.

The Article 45 of the law requires for the state protection  and the use of specially protected sites and areas.

The law allows the detention of persons who have violated the law and committed an administrative offense, and hand them over to law enforcement and make a report.

As for the restriction or the arrest, it is regulated by  the Article 28 of the Constitution of Azerbaijan. The Article 71 of the Constitution states that the protection of the rights and freedoms of citizens is the duty of the executive and the judiciary. "No one can restrict the freedom and rights of man and citizen. It is the prerogative of the court.

Alasgar Mammadov said that under the Constitution, special rules may be established only by a court.

The European Convention on Human Rights has direct legal force in Azerbaijan. Convention rights and freedoms shall not be restricted by local law. It includes also the right to freedom of movement, said the lawyer.

Previously, the Ministry of Environment  in the face  of  Vagif Cavadov, exceeded their authority, and effectively banned the Mountaineering Federation,  to  hold their activities in the area  of Shakhdag.

In October 2012,  in the official response Cavadov motivated refusal by the fact that the members of the Federation are engaged in "black PR" in  the social networks.

Being asked what he meant, the Mountaineering Federation reported that climbers have put in Facebook photos of garbage  in the Shakhdag National Park. This provoked the displeasure of the Minister Huseyngulu  Bagirov, who is the head of  the Extreme Sport Federation, a rival organization of climbers.   Therefore, the Ministry of Environment has decided not to allow competitors to the mountains, said the Mountaineering Federation. -03В-