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Majority of European Court decisions against Azerbaijan related to violation of right to union

Society Materials 22 May 2009 12:26 (UTC +04:00)

Azerbaijan, Baku, May 22 / Trend , K. Zarbaliyeva/

Majority of the 16 decisions adopted by the European Court against Azerbaijan is related to violation of a right to union, Azerbaijan's representative to the European Court Chingiz Asgarov said at a conference "Application of European Court's Judicial Precedent on Human Rights" in Baku.

He said majority of complaints are related to problems that emerged during registration of NGOs. The reasons are shortcomings in the legislation that existed until 2004.

The problem was solved after a new law was adopted. The appeals were made when the previous law was on effect.

Other decisions are related to violation of article 3 (prohibition of maltreatment during arrest and torture) and 6 (right to fair court investigation) of the Convention. 

Asgarov said the examination of complaints sent to the European Court from Azerbaijan revealed that the courts did not conduct investigation into violation of article 3.

"The courts usually study evidence and interrogate witnesses," he said.

Majority of complaints sent to the European Court recently are related to non-fulfillment of court decisions, Asgarov said. "In some cases judges are no serious about fulfilling their obligation. Problems mostly occur regarding court decisions regarding payment of debts," he said.

Asgarov said nearly 500 complaints are sent to the European Court from Azerbaijan on average every year. This figure is not growing which shows that courts are becoming fairer.

The European Court conducts correspondence with Azerbaijan on 127 complaints at the moment, Asgarov said.

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