Azerbaijani judge to European Court: Arrest should be applied in exceptional cases
Azerbaijan, Baku, Nov. 12 /Trend, K.Zarbaliyeva/
Courts must comply with the law in choosing the penalty of arrest as a preventive measure, Azerbaijan judge of the European Court of Human Rights Khanlar Hajiyev told Trend in Baku.
"The arrest as a preventive measure should be applied in exceptional cases. The judges should respect themselves and be impartial in this matter," Hajiyev said.
Azerbaijani Supreme Court Plenum has made recommendations regarding the adoption of alternative solutions instead of arrest as a preventive measure, as well as adopted a resolution on this issue.
The judge said that over recent years, in cases that are sent to the European Court there are problems regarding the application of the fifth article (use of arrest as a preventive measure and its extension) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
According to Hajiyev, there is a need for Constitutional Court to comment on this article in its decisions.
Touching upon shortcomings in the judicial sphere of the country, Hajiyev said that in the cases received by the European Court, there are problems with non-compliance of court resolutions, unjustified decisions of the courts, as well as a violation of the presumption of innocence by the law-enforcement agencies.
The judge said about the importance of publications of the decisions of the Appeal and Supreme courts. According to him, citizens should be aware of the decisions of these courts and know what decisions the courts make on similar cases.
According to Hajiyev, during publicizing information on a criminal investigation, the law-enforcement agencies should not violate the presumption of innocence of a suspect.
"Often, during publicizing information on a criminal investigation, the law-enforcement agencies violate the presumption of innocence. Sometimes the various law-enforcement agencies spread joint information on a criminal case. It should be taken into account that every law-enforcement agency has its own function. And therefore, the joint spread of the information by various law-enforcement agencies that perform different functions is wrong," Hajiyev said.