France, Strasbourg, 16 January / corr Trend A.Maharramli / Trend's interview with Gianni Buquicchio, the Secretary of Venice Commission
Question: What is your evaluation about the cooperation between the Venice Commission and the Azerbaijani authorities?
Answer: The Venice Commission has been cooperating with the Azerbaijani authorities for over 10 years. This has always been very fruitful and friendly cooperation, based on mutual confidence. This cooperation has not given any profit or loss to both the sides. Both the Venice Commission and Azerbaijan are keen on the democratic development of the country.
Question: What joint steps can be taken by the Venice Commission and the Central Elections Commission of Azerbaijan, on the eve of the presidential elections?
Answer: The previous and current presidential elections take a considerable role for the future elections. The Venice Commission will render the necessary assistance to the state power, including all the political parties, in order to maintain the conduct of legitimate and relevant international elections standards.
At present, the CE Ministerial Committee is discussing the Action Plan for providing assistance to Azerbaijan in the elections. This plan has been submitted to the Azerbaijani authorities. As far as I know, Azerbaijan is considering it and will submit its commentary shortly. In this context, the Commission will take a considerable role. In this regard, the Venice Commission is considering two specific directions of its activities. Initially, it is planned to hold training for the lawyers of the elections commissions. The training will help to clarify the changes which will be included in the Elections Code of Azerbaijan, as well as prevention of the various disputes connected with the elections process.
Our second activities which were included in the plan, is linked with the conduct of regional training for those responsible in the process of elections. The majority part of election commission does not allow us to hold the trainings in all the territories of the country. In case of agreement by the CEC, we are prepared to render the assistance. Moreover, the plan also includes the conduct of training for the journalists, as well as monitoring into the media reports by the candidates and political parties.
We hope that the Elections Code, in consideration with the current and future challenges of the Venice Commission, will be adopted by the Azerbaijan Parliament in the coming weeks or months.
In December 2007, Azerbaijan presented us a bill reflecting the final changes and supplement to the Code. At present, we are considering it. We plan to hold a meeting in Baku in February with the Azerbaijani experts to conclude this work. Afterwards, the Venice Commission will present the final challenge in the Elections Code in its plenary meeting in March and it will be passed in the Parliament
The adoption of the elections law as minimum as 6 months before the elections, is very important for the Venice Commission. On the other hand, some delays were observed in the development of the Code due to the grounded reasons. The Elections Code should please not only the authorities, but also all the citizens. It should be a law which can be taken as a base.
Question: A final bill submitted by the Azerbaijani authorities, which envisages injection of supplements and changes to the law on Freedom of Assembly, was discussed at the plenary meeting of the Venice Commission. What is your assessment about the document?
Answer: In the context of future elections, this law is very important. Freedom of assembly was included in the European Convention on human rights. In this sphere, the countries with developing democracy frequently have various problems
I can state with pleasure that overall the law developed by the Azerbaijani authorities jointly with the Venice Commission, is perfect. We carried out the joint work to remove some discrepancies. The result is positive. This is a good legal basis for the protection of freedom of assembly. The most important is the right implementation of the law by the state power and citizens of the country.
Question: 17 January sees the 7th year of Azerbaijan's entrance to the Council of Europe. Are you satisfied with Azerbaijan's implementation of its CE obligations and recommendation by the Venice Commission?
Answer: Indeed, I am satisfied with their implementation. During the cooperation with our partners for the development of a legislative base, we recommend them to use the experience of other countries. We would be very much satisfied with Azerbaijan, in case all our proposals and recommendations are accepted.
Question: What role can the Venice Commission play in the development of necessary frames for the resolution of the Nagorno-Karabakh conflict? Why the organization does not make necessary initiatives in this sector?
Answer: One of the peculiarities of the Venice Commission is that it was not an initiator. In accordance with the Charter, the Venice Commission shall receive an appeal in order to join the settling process of the Nagorno-Karabakh conflict. Any country can apply to the Commission in connection with the issues of its interest. If these are two countries, first of all they should achieve an agreement between themselves.
The Nagorno-Karabakh conflict, like other problems in Europe, is very difficult and a very delicate issue. The OSCE Minsk Group is involved in it. The Venice Commission did not interfere in the process, because no one appealed it. Nevertheless, I can state that the Venice Commission has rich experience in the resolution of such problems. We are not a political, but a legal organization, which can assist in the settlement of the conflict. But, the political consent is required in this respect.
The Venice Commission cooperated with the EU and OSCE on the conflicts in Kosovo, Trans-Dniester, Serbia- Montenegro, as well as South Ossetia and Abkhazia. Neither of the conflicts has been resolved, due to the political and legal restrictions. We are fully prepared to render any assistance for the resolution of these conflicts. The political leaders should demonstrate a will for the resolution of the problem. As to the disagreement between the two countries in appealing us, I can add that the OSCE Minsk Group can apply to the Venice Commission for the legal assistance in settling the Nagorno-Karabakh conflict.