Program Coordinator: Fuad Suleymanov

2007-2009 Law Program Strategy Document

Many international and local observers assume that integration of Azerbaijan Republic into the Council of Europe leads to conditions that will result in significant changes in guaranty of the human rights and respect of democratic standards and the government will demonstrate devotion to its commitments as a member. Unfortunately observation of the processes up to date shows that the government provides “inaccurate” information to both internal and international communities and prefers to stand aside from the actual reforms. Although the international community does sometimes keep Azerbaijan Government under pressure and supports the acceleration of the reforms that should intensify the democratization process and establishment of human rights principals and the power of law, the government, contrary to that, does follow these recommendations if only faced with serious sanctions to be imposed, and while there is no serious monitoring or criticism of its activities within the country, the government does not feel its responsibilities in front of the society.
The fact that government has no political will to conduct fair and free elections up to date, and disregards basic human rights and freedom clearly proves this statement. In this condition it is especially important to amplify the activities of civil society organizations and to have the ability to fairly and professionally assess the situation.
The following are proposed as the Program Priorities:

• The implementation status of the basic human rights and freedom compliance as per the commitments in front of the Council of Europe.
• Fair, free and effective work of judicial authorities
• Freedom of information, and
• Constant monitoring of legitimacy and compliance to human rights at institutions of confinement.

Legal support and protection of human rights
Main goals:
legal education on international and regional protection mechanisms of human rights; monitoring of protection of such priority sectors as the freedom of speech and information, guaranty of a fair justice and other fundamental rights. Also, using strategy trial methods with a purpose to stimulate an effective protection of human rights and achieving positive changes in the existing legal policy and legal practice. For several years already Legal Education Society (LES) together with Dutch Helsinki Committee (DHC) and INTERIGHTS – London (IR) fulfills an extensive practical training program in connection with precedent law and standards of the European Court on Human Rights and implementation of European Convention on Human Rights and Basic Freedom. With the obtained knowledge and practice LES having the support of ACI-Budapest is currently realizing the strategy trial project and it is expected to achieve a series of changes in the existing laws and practices.
At the same time it is necessary to have lawyers form regions to study the skills and techniques of the precedent law and strategy trial methods of European Court of Human Rights. This activity requires not only a participation of separate legal oriented NGOs, but a Legal Forum (LF) or other coalitions that would consolidate leading lawyers.
The Fund believes in existing potential opportunities to cooperate with healthy NGOs and hopes to make this cooperation beneficial for protection of women’s and other socially weak population’s rights, as well as strengthening of monitoring at institutions of confinement. This is especially important, since cases of gross violation of human rights during elections and application of restrictions after elections must be monitored even stronger and result in working out a mechanism of reporting such cases that would rely on a solid coordination of activities amongst representatives of civil society.

Fair Justice
Main goals:
increase of public control potential to guaranty a proper selection of judges, fair and unprejudiced prosecution, guaranty of responsibility and accountability of law enforcement.
Fair and effective judicial and legal system that shall be based on principals of the power of law is an important factor for every open society. The Constitution of Azerbaijan Republic declares an independence of courts, however the reality shows that judges are completely dependant from the executive power, the worst part is that the courts that are supposed to be the symbol of justice are highly corrupted and absolutely ineffective system in public’s opinion. As a part of reforms in judicial system the process of judge election is carried out not transparent and with no public participation. The poor professional level of judges instigates them to receive bribes, thus breaking the principle of the power of law. Despite of recommendation made by Venetian Committee to form the Judicial and Legal Council from judges as an independent body, the Council still operates within the organization chart and under the Ministry of Justice.
The Fund supported Azerbaijan Lawyers Association with a purpose to assist in examination and training process of independent and democratic thinking candidates for judge position, and, if these candidates elected, hopes to have their support for reforms within the judicial system. At the same time it is possible to establish independent judges association in future that may become the Fund’s partner. It must be clear that our efforts to establish such independent judges association even with the pressure from Council of Europe and other international organizations, it will not be constant and efficient results would be a wrong expectation until the government is ready for real institutional reforms. That’s why fair justice will be a coincidence in Azerbaijan Legal Practice and the main part of cases addressed to European Human Rights Court will be about violation of article 6.
From this view point the monitoring of judicial authorities shall receive the Fund’s major support. Lawyers Committee on Humans Rights has gained a specific experience in this direction and it is time to combine efforts of separate regional NGOs as well as NGO coalitions. The efficiency of monitoring activities and methods in this field must be increased and public must be informed about cases of gross violations in courts, judges must have a higher level of accountability. The gained experience can be used to monitor other law-enforcement authorities, taking police in the first place.