| Azerbaijan: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 30 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: The Constitution of Azerbaijan Republic supports freedom of speech and free access to the information (article number 50). Everybody has the right to seek, get and distribute information . According to the Law on Access to the Information, approved Sept. 30, 2005 (article number 2), citizens have a legal right of access to information, and everybody has the right to have access to any information that is not state secret. Besides that, the Law on Freedom of Speech, approved June 19, 1998, indicates that citizens have the right to access to all information besides state secrets, commercial secrets, etc. References: Reference: The Constitution of Azerbaijan Republic.
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: Citizens have the right of appeal. However, the court usually does not protect citizens' access of information rights. References: Reference: Law on Access to Information of Azerbaijan Republic.
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: According to the Law on Official Statistic, approved Feb. 18 1994, citizens have a right of access and to request government information and basic government records. References: Reference: Law on Access to Information of Azerbaijan Republic.
Peer Review Comments: According to the new Law on Obtaining Information, the National Ombudsman should be appointed. However, the National Ombudsman has not been appointed yet, and this has been the case since 2005.
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: According to the Law on Access to Information (article number 24), government bodies have to respond to citizens' requests within seven days. But in practice, citizens' requests are not responded to for several months. References: Reference: Interview with Rovshen Haciyev, deputy editor-in-chief of Azadlig newspaper (August 2007).
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: According to the Law on Access to Information (article number 14), access to information is free and a list of that information is indicated in article 29 of this law. Other information can be obtained by signing contracts and making payments. The cost depends on the seller and the buyer ; there is no concrete cost for access to information. References: Reference: Interview with Rovshen Haciyev, deputy eidtor-in-chief of Azadlig newspaper (August 2007).
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: Citizens are not usually using their appeal rights because there are no independence courts in Azerbaijan. There is no practice that anybody apply to the court to have access to information. References: Reference: Interview with Zamin Haci, correspondent of "Yeni Musavat" newspaper (August 2007).
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: Citizens are not usually using thier appeal rights because there are no independence courts in Azerbaijan. There is no practice that anybody can apply to the court to have access to information. Therefore, there is no mechanism to calculate costs. References: Reference: Interview with Zamin Haci, correspondent of "Yeni Musavat" newspaper (August 2007).
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The government bodies usually do not give any reason for denying an information request. Some government structures sometimes give general reasons for denying an information request. References: Reference: Interview with Rovshen Haciyev, deputy editor-in-chief of Azadlig newspaper (August 2007).
Peer Review Comments: They will most often say that the request was not presented in the required form. If the denial is more specific, they will mostly say that the information requested is confidential.
Peer Review Comments: From my own experience, governmental bodies never give any well-founded reasons for denying an information request.
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