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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	42
81	Can law enforcement officials be held accountable for their actions?	58

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments: Bribe, regionalism and network is more important than professional criteria.

References: Interview with Xalig Bahadur, an independent expert, July, 2007. Reports by different media, 2007.

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments: They do not have such problems.

References: Interview with Xalig Bahadur, an independent expert, July, 2007. Reports by different media, 2007.

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments: There is not sufficient mechanism to protect enforcement agencies from political interference.

References: Interview with Xalig Bahadur, an independent expert, July, 2007. Reports by different media, 2007.

Peer Review Comments: The law enforcement agencies are under the strong political control of the government.

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: According to the legislation, the Anti-Corruption Commission, the Office of the General Prosecutor, the Ministry of Internal Affairs, and the Ministry of National Security are responsible for investigating complaints.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: There is no special mechanism for citizens to simply complain about police action.

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments: It takes a very long time.

References: Interview with Xalig Bahadur, an independent expert, July, 2007. Reports by different media, 2007.

Peer Review Comments: And sometimes there is no result.

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments: According to article 215 of the criminal procedural code, the Prosecutor's Office investigates cases in which law enforcement officials are involved in corruption.

References: Reference: Criminal Procedural Code of Azerbaijan Republic.

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments: In practice, the agency very seldom independently initiates investigations into allegations of corruption by law enforcement officials.

References: Interview with Xalig Bahadur, an independent expert, July, 2007. Reports by different media, 2007.

Peer Review Comments: In some cases, it is also a political decision rather than a legal matter.

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments: According to article 25 of the constitution, all citizens are equal under the law and court.

References: Reference: The Constitution of Azerbaijan Republic.

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments: Generally, law enforcement officials have protection from most criminal investigations. The reality is that the law enforcement community protects itself and therefore, in practice, law enforcement officials are immune from criminal proceedings.

References: Interview with Xalig Bahadur, an independent expert, July, 2007. Various media reports, 2007.

Peer Review Comments: Law enforcement is generally subject to criminal investigation. Any citizen's complaint is a subject for investigation, either by the police or the prosecutor's office.