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Baku takes measures to implement European Court’s decisions

24 October 2014 22:29 (UTC+04:00)
Baku takes measures to implement European Court’s decisions

By Sara Rajabova

Most of court decisions in Azerbaijan are made after taking into account the common law of the European Court of Human Rights and in compliance with the requirements of the European Convention.

Fuad Alasgarov, head of the Azerbaijani Presidential Administration's Department for Work with Law-Enforcement Agencies made the remark in an international conference entitled "Application of the European Convention on Human Rights and Fundamental Freedoms on national level and the role of national judges" in Baku on October 24.

The conference was held as part of Azerbaijan's chairmanship of the Council of Europe Committee of Ministers.

Alasgarov said Azerbaijan respects the decisions of the European Court and takes all necessary measures to implement them.

"Young people with modern thinking and knowledge of the common law of the European Court are appointed as judges in Azerbaijan. They make up more than 60 percent of the judiciary," Alasgarov said.

He noted that while addressing the June session of the Parliamentary Assembly of the CoE in 2014, Azerbaijani President Ilham Aliyev determined the priorities of the country's chairmanship, including strengthening of the rule of law through cooperation in the fight against corruption, the consolidation of different societies, in terms of culture, based on mutual respect and understanding, enlightening youth in democracy and human rights.

Alasgarov said Azerbaijan is engaged in fruitful activity in different areas to implement the provisions of the Convention.

Speaking of the measures implemented within that activity, Alasgarov said the measures include: improvement of legislation, systematic trainings for judges and civil servants, modernization of the judicial system, enlightening the population, use of various social innovations.

"Of course, the courts, capable to make independent, objective and impartial assessment of civil, administrative and criminal cases, have a primary role in ensuring human rights and main fundamental freedoms," Alasgarov said.

He added that special work is carried out in the country to support the activity of an independent and efficient judicial system.

"Among our achievements are creation of the judicial infrastructure meeting the modern requirements, establishing new regional appeal and economic-administrative courts in the regions and improvement the Judicial Council's activity and the Academy of Justice," he said.

Addressing the event, Chairman of Azerbaijan`s Supreme Court Ramiz Rzayev expressed his confidence that the conference will contribute to the implementation of the decisions of the CoE on national level.

He said the Supreme Court of Azerbaijan, which understands its role in ensuring the protection of fundamental freedoms and human rights, builds its activities on the basis of the European Convention on Human Rights and Fundamental Freedoms.

Rzayev went on to note that Azerbaijan's legislation has been fully updated, the country has established a new legal system, and the application of the law is carried out in accordance with the requirements of the European Convention.

He also added that the direct application of rules of the European Convention in the operation of courts has been provided.

"The national legislation confers on Azerbaijan's Supreme Court an obligation to review the decisions of national courts after the adoption of decisions related to Azerbaijan by the European Court. Particular attention is paid to the decisions of the European Court in order to avoid repeated errors made by the courts," Rzayev said.

He further noted that the European Court of Human Rights has adopted 85 decisions on cases from Azerbaijan so far. He said Azerbaijan has been a member of the Council of Europe (CE) since 2001, and the European Court of Human Rights has considered appeals received from Azerbaijan since 2002.

"Since that time, 85 violations of the European Convention on Human Rights and Fundamental Freedoms have been revealed in cases received by the European Court of Human Rights from Azerbaijan," Rzayev said, adding that 85 violations is not such a great figure.

"Azerbaijan works on this, and holds seminars and trainings in this regard. Most of the decisions made by the European Court concern the cases of violations of property rights and fair trial," he said.

Delivering speech at the event, President of the European Court of Human Rights, Dean Spielmann hailed dialogue between national judges and courts.

The first session of the conference, titled Anticipation of Violations, was moderated by Chairman of the Council of Europe Steering Committee for Human Rights, Vit Alexander Schorm.

The conference will continue its work till October 25.

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