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Integrity Scorecard

2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	67
75	In practice, do judgments in the criminal system follow written law?	25
76	In practice, are judicial decisions enforced by the state?	100
77	Is the judiciary able to act independently?	75
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	82

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments: The Constitution indicates the right of appeal (articles number 57, 60 and 65).

References: Reference; The Constitution of Azerbaijan Republic.

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: In practice, appeals are not all resolved within a reasonable time period.

References: Interview with Azer Mehtiyev, the chairman of Economic Initiatives Center, July, 2007. Reports by CESD. www.cesd.az

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: In some cases, citizens can use the appeals mechanism at a reasonable cost.

References: Interview with Azer Mehtiyev, the chairman of Economic Initiatives Center, July, 2007. Reports by CESD. www.cesd.az

Peer Review Comments: According to the Law on Governmental Duties citizens can use the appeals mechanism at a cost ranging from US$3 to US$25. [ LINK ](=az)

Peer Review Comments: Citizens can appeal without paying a fee, but certain cases are resolved through the payment of bribes.

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: In practice, judgments in the criminal system very seldom follow written law.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

Peer Review Comments: Most judgements follow the written law except for political decisions. Even corrupt processes vary within the written law.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: The state plays a crucial role in judicial decisions.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

Peer Review Comments: There are some difficulties to enforcing court decisions on civil and economic cases.

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments: It is guaranteed by several pieces of legislation, including the Constitution of Azerbaijan.

References: Reference; The Constitution of Azerbaijan Republic.

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: National-level judges are commonly influenced by politics, personal biases or incentives.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: Under the law, there is a transparent and objective system for distributing cases to national-level judges.

References: Reference; Law on Judicial-Legal of Azerbaijan Republic.

Peer Review Comments: Nevertheless, the chairmen of the courts play key roles in the distribution of the cases.

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments: Unde the law, national-level judges are protected from removal without relevant justification.

References: Reference; Law on Judicial-Legal of Azerbaijan Republic.

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007. Reports by President Office.

Peer Review Comments: Apparently, no judges were physically harmed because of adjudicating corruption cases.

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: In the last year, no judges have been killed because of adjudicating corruption cases.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007. Reports by President Office.

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: Racial or ethnic bias is not very important for judicial decisions, becasue the decision is made based on bribes.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

Peer Review Comments: Decisions are mostly biased in personal or political relations.

79b: In practice, women have full access to the judicial system.

Score:

100

Comments: There is no gender discrimination.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments: According to various legislation, the state provides legal counsel for defendants in criminal cases who cannot afford it.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: The state usually provides legal counsel for defendants in criminal cases who cannot afford it, but they are not always professionals.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

Peer Review Comments: In criminal cases, the state usually provides legal counsels to defendants who cannot afford them. The counsels are not always professionals, don't usually approach the cases seriously and are not responsible towards their clients.

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: Not all categories of the population earning the median yearly income can afford to bring a legal suit.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

Peer Review Comments: People earning a median income can afford to and do to bring legal suits. An appealing party can request redress for court-related expenses.

Peer Review Comments: Usually people with a median yearly income can afford to bring a legal suit; however, usually a bribe is needed, and the amount varies, according to the interest of each party involved.

Peer Review Comments: In practice, citizens are calculating the potential cost of bribery if they are deciding to initiate a lawsuit.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: In some cases, a typical small retail business can afford to bring a legal suit.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: Yes, citizens can do it.

References: Reference; Interview with leading HR Defenders, August, 2007. Reports by Azerbaijan Lawyers Unions, 2007.

Peer Review Comments: However, there is a shortage of the defense lawyers in the regions.