SOME LAWYERS REGARDS RAISING OF RASUL GULIYEVвЂ™S IMMUNITY AS ILLEGAL
The news conference on the raising of the candidate immunity of Rasul Guliyev, the ex-speaker, chairman of the Azerbaijan Democratic Party, was held at the International Press Center on Monday. Mukhtar Mustafayev, the plenipotentiary representative of Guliyev, Osman Kazimov and Seyfaddin Aliyev, the lawyers on criminal case, stated that the raising of the candidate immunity was illegal.
Mustafayev noted that in accordance with the article 70.4 of the Elections Code, candidate may not be brought to trial and detained for committed actions without Public ProsecutorвЂ™s consent from date of registration to publication of elections results.
Registered candidate may be arrested only if he is detained during commitment of crime. In accordance with the Elections Code, after registration candidate may not be brought to trial for earlier committed crime case without court sentence.
Mustafayev added that PresidentвЂ™s 11 May 2005 decree on improvement of elections practice also banned officialsвЂ™ illegal interference in the elections. According to Mustafayev, the Public ProsecutorвЂ™s sentence in regard to Guliyev violates the item of the PresidentвЂ™s instruction, but no measures are taken in this relation. Sardar Jalaloglu, the first deputy chairman of the ADP, addressed to Ilham Aliyev, the Azerbaijani President, in this regard.
GuliyevвЂ™s defenders noted that the raising of his candidate immunity is violation of the Azerbaijani Constitution, the Elections Code, international conventions, as well as equality of candidates in the elections. вЂњThe Prosecutor General can not raise RasulвЂ™s immunity, envisaged in the article 70.4 of the Elections Code.
From date of registration to publication of elections results candidate may not be brought to trial for earlier filed crime case,вЂќ Kazimov underlined. He added that in accordance with the article 84.5.11 of the Procedural Criminal Code, the prosecutor engaged in the initially investigation is due to address to trial to chose arrest in regard to suspect.
вЂњDespite the Public ProsecutorвЂ™s Office does not have authority to made sentence on arrest in regard to citizens, the Prosecutor General exceed his authority and made sentence on raising of GuliyevвЂ™s immunity without court sentence,вЂќ the lawyer stressed.
The Central Elections Committee (CEC) sent a reply letter to the ADP, where the CEC noted that candidate immunity were regulated by the articles 70.4 and 151 of the Elections Code. As to demand on filing of lawsuit in regard to the Prosecutor general, the CEC stressed that it was out of their competence and advised to address to the appropriate bodies.