The courts sabotage the cases of flood victims

Trials  in the cases of  flood victims in 2010  are deliberately delayed, and almost sabotaged by the courts,  reads the report of  the Headquarters of Civil Society "Kura" on the legal aspects of the post flood period.

Coordinator of “Kura”, Oktay Gyulalyev, said   that since April this year the  Baku Administrative Economic Court of N 1  began to re-send  the accepted claims to the zonal  Shirvan  Administrative-Economic Court.

However, the Shirvan Court does not consider the cases, explaining that the claims should be considered in the location of the defendants, the Ministry of Emergency Situations, the Cabinet of Ministers, that is in Baku. 

However, the Baku Administrative Economic Court explained the transference of cases to the Court of Shirvan by the care of the complainants, who live "near Shirvan." The attempts to challenge this procrastination were futile.  Shirvan Court uses other stratagems, not to consider the case.

"On July 21 the  Shirvan administrative-economic court has sent me a notice to participate in court July 22. Notice was received by the postal service  of Imishli  on July 24, and handed it to me July 25," said the plaintiff Khudash Rzayev.

Since October 2010  the  headquarters "Kura" prepared 128 claims  of affected citizens against government agencies.  For today, more than a hundred claims  have been accepted by the courts. In connection with the settlement of their problems, nine complainants withdrew their complaints. In general, the courts have resolved the problem of 28 plaintiffs.

Most complaints were related to corruption and red tape from the authorities. According to Gulalyeva, the courts delay  the  trials to prevent their continuation in the European court. But, still, a complaint to the European Court of Human Rights is being prepared in  the case of a farmer from Saatli.

As a result of the presentation of the report, with participation of all the victims of the floods, the recommendation of  "Kura"  staff to government agencies  from 12 points have been announced. In particular, the staff called to conduct hearings within the framework and terms defined by law, as well as stop the tape and a mockery of the citizens.

The staff also recommended to ensure transparency and accountability of the distribution of state aid of 

$460 million manat, namely: to publish online on the site of the Ministry for Emergency Situations  a list of citizens  and  lump sum payments received by them, compensation for damage to farms, and rebuilt homes for them and their cost.

Despite  two years have  passed since the flood, and about 0.5 billion manta have been allocated, the problems of eight flood-affected areas  have been solved partially. The process of eliminating the consequences of flooding is characterized by massive corruption and widespread human rights violations, as well as  the violence  against government agencies  against  their citizens.—0—