Judge of Supreme Court considers Azerbaijani judges' dependence on prosecutor's office when choosing arrest as absurd
Azerbaijan, Baku, Dec. 19 / Trend K. Zarbaliyeva /
A judge of the Supreme Court considers the dependence of Azerbaijani judges on the Public Prosecutor's office when choosing arrest as absurd.
"The court's decision of refusing to choose arrest a measure of restraint is a ground for releasing a person," Vefaiddin Ibayev, a judge of the Supreme Court, said at a meeting of the Public Association of Judges of general court, held on Saturday.
He said that seven days prescribed by the law for the prosecutor's office to protest the decision on the arrest and keeping a person in custody within this period do not correspond to the European Convention.
Ibayev recommended judges to be very careful when making decision on the issue. He said that if the European Court of Justice receives a complaint regarding those decisions, this provision of the law may harm Azerbaijan.
He said that it is necessary to make changes to this issue.
"The Plenum of the Supreme Court discussed the cases reviewed in 2008 in the city courts of Baku and Sumgait on arrest as a preventive measure at the last meeting last year. Serious abuses were revealed in this area. The Supreme Court made a decision for the courts to be careful and justify their decisions while considering the cases.
The Judicial Council punished judges who committed such violations. Several judges were deprived of their authority.