Azerbaijan, Baku, Aug. 13 / Trend /
From the date of ratification by Azerbaijan of the European Convention on Human Rights and Fundamental Freedoms the European Court has considered 1765 complaints, Azerbaijani judge of the European Court of Human Rights Khanlar Hajiyev said in an interview with Trend.
He said that today there are 1475 complaints filed by citizens of Azerbaijan. Some 74 of the complaints filed have been combined, and on the basis of correspondence conducted between the parties a draft decision on these complaints will be prepared.
On 97 complaints against Azerbaijan a decision was adopted confirming the violation of a provision of the Convention, he said. Less than half of the 1475 complaints were filed by the Armenians who lived previously in Azerbaijan. The remaining complaints are being prepared for consideration.
"In court, the consideration time of complaints is delayed. This is due to the shortage of lawyers. Today one lawyer works on Azerbaijan in the European Court on the basis of a permanent contract. In July examination on the selection of lawyer was held. I think that the beginning of the second lawyer's work will speed up the consideration of complaints," the representative of Azerbaijan said.
He said that in recent years a number of complaints rejected by the Court is growing.
"The European Court specialists are seeking ways to accelerate consideration of the complaints. In connection with this protocol number 14 was adopted. This protocol defined the new procedures to address the issue and formed the new institutions. Following the adoption of the protocol judges consider rejected complaints themselves," Hajiyev said.
He said if the claim is made in violation of the Convention, it is rejected.
"For Azerbaijan, the most frequent cause of rejection of appeals is that they are prepared as a appeal in the fourth instance. Court can not examine each actual case and considers only the violation coming from the Convention. Plaintiff must raise this issue in a very clear and reasonable manner. In some complaints received from Azerbaijan, it is unclear what exactly the violation is," Hajiyev said.
He noted that sometimes claims are put forward to the fact that complaints are considered by European Court mechanically and decision accepted perfunctorily.
"It is dishonestly to speak so, because judges working in the European Court are lawyers who have high moral character and profound legal knowledge," Hajiyev said.
He said the European Court is constantly in dialogue with national courts and isn't a closed, inaccessible organization. The structure has 60 years of experience, it is deeply respected throughout the world. The party that does not agree with the decision should justify its protest not by false and defamatory, but legal arguments, Hajiyev said.
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