Program Coordinator: Fuad Suleymanov
The present program strategy has not changed significantly since last year.
The 15 October 2003 presidential election in the Republic of Azerbaijan failed to meet OSCE commitments and other international standards for democratic elections. The overall process reflected a lack of sufficient political commitment to implement a genuine election process. There was widespread intimidation in the pre-election period, and unequal conditions for the candidates. (See: OSCE/ODIHR Election Observation Mission Report)
Of course other serious human rights violations continue to persist in Azerbaijan regarding, in particular, the right to free assembly, fair trial as well as the freedom of press and of expression.
Despite of notable improvement in resolve of the "political prisoners" matter the Council of Europe still count the problem remain and it reports on violation of the right to a fair trial, particularly such violations of proceedings as absence of legal representation and false charges, as well as no independent investigation. The Government marked last election by a number of trials brought against its political opponents. In this regard the impartiality, independence and efficient of judiciary, arbitrarily imprisonment or sentence, acts of torture and poor treatment perpetrated in detention places are the biggest concerns.
Over recent months, nearly a dozen of independent media organizations have been shut down: the charges against newspapers are aimed at closing it down, confiscating its property and awarding very high damages.
Despite of the new advanced Law on state registration of legal entities and the Government continues to restrict freedom of association by refusing artificially prolonging the registration procedure and harassing some independent civil society activists.
Still a huge problem is dissemination of legal information; in particular the ratified international acts are not published in the official press completely, whereas the indicated normative and legal acts already are priority part of the national legislation.
Widespread corruption and patronage reduced competition, and the slow pace of reform limits economic development outside the oil and gas sector.
The unsolved Karabakh conflict continues to dominate the country's national politics, weakens state institutions, and undermines democratic and economic development. The Government does not exercise any control over occupied territories, and little verifiable information exists on the human rights situation there.
OSI-AF Azerbaijan tries to be respondent upon the problems stand against generation of Rule of Law state and development of democracy and open society values in Azerbaijan. As in other spheres we try to put our best knowledge in cooperation to all parties having similar understanding of legal reforms. We consider our strategy mission as in previous years: to bring the law closer to the people in everyday life.
In shaping its legal program OSI-AF pursues the following objectives and promotes legal reforms in several distinct program areas:
- Legal information and assistance: broadening of access by indigent persons to quality legal representation through cultivates capacity among local human rights lawyers and law students to pursue legal advocacy; promoting legal awareness campaigns especially on international and regional mechanisms of protection human rights.
- Further democratisation of legal regulation of civil society: promoting laws affecting civic organisations; ensure the right to dissent from official policies by expanding access to information and contesting undue restrictions on print and broadcast media.
- Criminal justice: promote the state's ability, with active community engagement, to secure order, administer fair and impartial justice, and protect individual rights. Promote application, enforcement and dissemination of international legal principles, especially standards of human rights securing, at the local level by helping to national law enforcement bodies and judges to apply international due process rules to pre-trial detention, building community capacity to secure police accountability.
- Anticorruption: facilitate knowledge of government activity and promote greater transparency in public institutions; more meaningful civic inquiry and demystification of closed institutions. Drafting anti-corruption law was the latest field of our support to national chapter of Transparency International (TI), which is currently working on reviewing and comments to the recently promulgated law itself. Same time it is our intent of monitoring and researching the overall national legislative to solve exist gaps and collisions, which are favourable for corruption.