Azernews.Az

By Aynur Karimova

Azerbaijan has tightened controls for officials and citizens to access and disseminate state secrets. Employment contract will now include a clause committing the employee to refrain from the proliferation of information considered a state secret that was entrusted to him/her.

The necessary changes were made to decree No. 162 of the Cabinet of Ministers of Azerbaijan dated October 17, 2002, for this purpose.

The amendments specify and expand the powers of several governmental bodies, including the Prosecutor General's Office, the Ministry of Internal Affairs, the State Border Service, as well as the Special State Protection Service.

In March 2015, Azerbaijan tightened penalties for disseminating state secrets. According to the amendments made to article 284.1 of the Criminal Code, the disclosure of a state secret by a person to whom it was entrusted is punishable by imprisonment for a term of three up to six years. Earlier imprisonment was for a term from two to five years.

If the disclosure of a state secret presents attributes of high treason, the person is punished by imprisonment for a term from four to eight years. Earlier imprisonment was for a term from three to seven years.

These amendments do not hinder the access of journalists to information. They, instead, increase the responsibility of state authorities to protect state secrets.

Information about the military, foreign policy, economic, intelligence, counter-intelligence or operational-search activities, is regarded as a state secret. It is protected by the state, as its distribution may damage the security of Azerbaijan.

According to the law on state secrets of Azerbaijan, information about the content of strategic and operational plans about preparation and conduct of operations on strategic, operative deployment and mobilization of Armed Forces of Azerbaijan, battle management documents, their combat and mobilization readiness, establishment and use of mobilization resources, the development plans of Armed Forces of Azerbaijan, development directions of weapons and military equipment, the tactical-technical characteristics of weapon and military equipment samples and opportunities of combat applications, specifications, agents or technologies of new military items and others constitutes state secrets in the military field.

Information on the content of readiness for possible military operations of Azerbaijan and its separate regions, mobilization of production of weapon and military equipment, dispatch volume of strategic types of raw products and materials used in military field, as well as deployment of state stockpiles, their actual volume and use, civil defense forces and means, disposition, assignment and security level of administrative management facilities, functioning of transport and communication designed for state security, state defense orders, plans (tasks), production and dispatch (in cash or in kind) of weapons, military equipment and other military products, current production capacity and others are state secret in the economic field.

Information on the foreign-political and foreign-economic activity of Azerbaijan, early disclosure that could cause damage to state security, as well as cooperation of Azerbaijan with other states’ militaries in the scientific-technical and other fields are considered state secrets in the foreign policy field.

Information on capacity and means, resources, methods, plans and results of intelligence, counterintelligence and operational and investigative activities, and on persons cooperating with authorities performing intelligence, counterintelligence and operational and investigative activities on a confidential basis constitutes state secrets in intelligence and counterintelligence and operational and investigative activities.

Information on the protection of state border of Azerbaijan is a state secret in the field of methods and means of confidential information protection.

Today the protection of state secrets is ensured under the laws on state secrets, on mass media and freedom of information of Azerbaijan, as well as other related legislative acts.

Experts believe that the dissemination of information in foreign mass media outlets and social networks about the Azerbaijani Army and the military security of the country cause serious confusion and concern in society and among the population. Given this fact, the amendments to the cabinet decree have become necessary.

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Aynur Karimova is AzerNews’ staff journalist, follow her on Twitter: @Aynur_Karimova

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