Azernews.Az

By Fakhraddin Aghamirzayev

Judge of Fizuli District Military Court

This article is dedicated to the 90th anniversary of national leader and creator of modern Azerbaijan Heydar Aliyev.

The protection of basic human rights and freedoms in Azerbaijan was one of the integral parts of National Leader, former President Heydar Aliyev's political course.

As a lawyer I deem it necessary to highlight Heydar Aliyev's efforts to establish the rule of law in our homeland.

Azerbaijan's transformation into a country where human rights are protected at the highest level is the biggest achievement we have managed to attain during the years of the country's independence. Our colleagues from some European countries and the CIS often voice an opinion that human rights protection in Azerbaijan could set an example for the countries that have many-year-long experience in this area.

Beginning from the 1990s, as a result of the Soviet empire collapse, national liberation movements raised their head in different corners of the world and new independent states emerged. In the last decade of the century Azerbaijan also became one of the countries gaining independence. Azerbaijan's political and geographical situation required that our country integrate into the world civilization. To this effect we had to embrace the world's democratic values and accept them at the state level.

Development and approval of the first Constitution of the independent Azerbaijan was another achievement of National Leader Heydar Aliyev. The Constitution of Azerbaijan, adopted on November 12, 1995, envisages the separation of powers and it is the main advantage of this document.

Naturally, the main right of a human being is his right to life. From the democratic point of view it is inhumane to deprive someone of life for his committing a grave crime. From the religious point of view, it is considered to be against God's will. Therefore, as soon as Heydar Aliyev came back to power, in fall 1993 he declared a moratorium on the death penalty (in 1998 the death penalty in our country was abolished once and for all).

During the independence period Azerbaijan's legislation was completely renewed and new legislation framework complying with democratic standards was established. The judiciary and legal systems were reformed, and new Criminal, Criminal-Procedural, Civil, Civil-Procedural, Penal Codes, as well as the Laws "On Constitutional Court", "On courts and judges", "On public prosecutor's office", "On lawyers and lawyer activity", "On police", etc. and legislative acts were passed.

The accession to the United Nations Universal Declaration of Human Rights is also one of the achievements in the period of Azerbaijan's independence. According to this document, human rights cannot be considered an internal affair of any country. Azerbaijan acceded to this document on April 16, 1998, on the eve of its 50th anniversary. Independent Azerbaijan announced its joining to the international concepts by signing more than 210 documents dealing with human rights.

The third chapter of Azerbaijan's Constitution consisting of 48 clauses is entirely in line with the spirit of respect for a human being, his dignity and rights. Article 71 of the Constitution envisages the observance of human rights and freedoms. It instructs the legislative, executive as well as the judicial powers to protect and maintain these rights and freedoms.

Human rights and freedoms were accepted as the highest value of mankind. At the same time, I would like to remind about the February 22, 1998 decree of the National Leader "On measures in the area of ensuring human and civil rights and freedoms".

One of the important issues in democratic societies is the protection of freedom of speech and press. Article 47 of the Constitution of Azerbaijan envisages safeguarding these values. By the initiative of the Azerbaijani national leader, censorship was abolished.

Recognition of Azerbaijan as an independent, legal and democratic country in the world, maintenance of civil rights and freedoms is a result of the wise policy of National Leader Heydar Aliyev and today his policy is successfully continued by his follower, President of Azerbaijan Ilham Aliyev.