HUMAN RIGHTS DEFENDERS PESSIMISTIC ABOUT SITUATION WITH HUMAN RIGHTS LAST YEAR

What was the situation with human rights and other political freedoms in Azerbaijan in 2008? What changes happened in the court system and in legislative sphere; is there a progress towards European standards in this sphere? How are rights of accused followed? Turan correspondent had a talk on these questions with human rights defenders of Azerbaijan.
Director of the Peace and Democracy Institute Leyla Yunus considers that the situation in 2008 has not improved. There are still tortures to which adults are subjected. The other basic right of citizens which is being violated is the ownership right. This year very many claims have been made against city and municipal bodies violating the ownership right. According to practice, citizens cannot protect their property even in courts.
The other distinctive feature in 2008 is violation of rights through utilities. Even those, who paid for all the utilities, remain without gas and electricity.
The other problem is the problem of the freedom of assembly, even in the year when presidential elections took place; the other problem is the freedom of speech, an example is the stop of broadcasting of foreign radio channels, Yunus said.
In 2008 the number of conference halls has lessened, and people could not have enough places to express their opinion and hold political debates. Conference halls are not free, they are very expensive, and not all are allowed to have meetings there. It happened in 2008.
The situation with printing mass media also has worsened, both from the economic point of view and because of pressure made on them. The year is notable by a great number of attacks on journalists: correspondent of Azadlig newspaper and the head of the Reporters Freedom and Safety Institute Emin Huseynov were attacked. Four journalists are in prison.
Legislation was toughened in 2008; amendments and changes were made in the law: On freedom of assembly "and ion the Election Code. Police got a right to interfere meetings conducted in close premises. The most notable event is proposed changes to the Constitution, what will cause great damage to the country.
The head of the Legality Protection Bureau and Human Rights Sayida Gojamanli said that in 2008 the situation was very hard; journalists were imprisoned, due to unbearable conditions the opposition could not participate in the elections, freedom of speech was suppressed. Socioeconomic rights of population have been violated even more than political. The authorities state that they open new working places, but do not say how many places are closed. The main moment is corruption, as well as the violation of the rights for property, Gojamanli said.
Concerning legislation she said that there are a lot of shortcomings, and courts take the advantage of it, and manipulate the laws.
She said that proposed changes to the constitution distance the country from democratic principles. `We are integrating not into Europe but into other side of the Caspian," Gojamanli said.
The head of the National Helsinki Committee of Civil Assembly Arzu Abdullayeva considers that the past year was notable by worsening of the freedom of speech.
The socio-economic situation is a paradox, because the country is becoming richer, and the people are getting poorer. The state budget is increasing, but unreasonable expenses are leading the country to a crisis. The situation in the army remains very tense; there are more tortures than in police, Abdullayeva said.
Concerning lawmaking in the sphere of the freedom of speech and political freedoms the situation has not changed. The authority"s subordinate laws to them, just in case with Constitution, and do not take into account the interests of citizens.
There are not reforms in the court system, and courts are dependent. European Court passed 17 decisions against Azerbaijan, but they are not realized. Precedents of European Court do not work in Azerbaijan, and courts depend on executive organs.
The chairman of the Committee against Tortures Elchin Behbudov also stated that the situation has not improved; tortures remain as usual event despite all taken measures.
Penitentiary service has done a lot to improve situation in jails, but there are still problems, such as stone floors instead of wooden in jails, shortage of sociologists, and subjection to tortures during preliminary investigation.
The absence of independent courts leads to sad results. Decisions and sentences passed by courts are delayed, because they wait order from the top. Moreover, according to Article 78 and 167 of the Criminal Code, the preventive punishment as arrest may not be applied against ill people, but courts do not take it into account.
Concerning new buildings for jails, they are being built in Nakhchivan, Lankaran and Sheki. The building of jail is ready in the village of Mamedli in Absheron region, which will replace the Shuvelan and Bayil jails. `I was there and I can say that the building meets international standards,` Behbudov said.