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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	83
34	Can members of the judiciary be held accountable for their actions?	79
35	Are there regulations governing conflicts of interest for the national-level judiciary?	39
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: According to the Law on Courts and Judges (article number 93), judges can put forward their candidacy to the Judges Selection Committee under the Judicial-Legal Council. The committee selects judges through exams and interviews. Finalists are required to go through training while being provided with monthly salary from the state budget via the Judicial-Legal Council. Each candidate is evaluated after the training. Evaluation is held by applying a credit system, and after that, the final list of selected judges is announced.

References: Reference: Law on Courts and Judges of Azerbaijan Republic.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: According to the Constitution of Azerbaijan Republic (article number 126), individuals with a university degree in law, five years of work experience in this sphere and is more than 30 years old can be a candidate for judge. Besides that, the Law on Courts and Judges (article number 93.4) indicates that individuals with high reputations in the law sphere, 20 years work experience as lawyer and high morality can be selected as judges without taking exams. But all of them are not working in practice, all the time.

References: Reference: Azerbaijan Lawyers' Asoccation's Reports (June 2007).

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: According to the Constitution of Azerbaijan Republic (article number 109.9), the president approves the list of judges that is submitted by the Judges Selection Committee under the Judicial-Legal Council.

References: Reference: The Constitution of Azerbaijan Republic.

Peer Review Comments: The judges of the Supreme and Appeal Courts are appointed by the parliament based on the recommendation of the president.

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: According to the Law on Courts and Judges (article number 5), all decisions should have legislation basis, and reasons for those decisions are required to be given.

References: Reference: The Law on Courts and Judges of Azerbaijan Republic.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: Yes, judges were given reasons for their decisions, even though some decisions were not completely fair.

References: Reference: Azerbaijan Lawyers' Association's Reports (July 2007). Interview with Rovshen Hacibeyli, deputy editor-in-chief of "Azadlig" newspaper. Reports by the Parliament of Azerbaijan Republic (April 2007).

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The Judicial-Legal Council is a disciplinary agency for the national-level judicial system. The Law on Court-Law Council, approved Oct. 28, 2004 (article 1), indicates that this council is responsible for forming court systems, selecting judges, evaluating judges' actions, changes in judges' positions/offices and other issues related to the court system.

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

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: The Law on Judicial-Legal Council (article number 4) mentions that the council is an independent agency that does not depend on the executive branch.

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

Peer Review Comments: In practice, the Ministry of Justice controls the Judicial-Legal Council.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: Since those agencies are not politically independent, they are not able to initiate investigations. There are quite a few facts that say those agencies did initiate investigations.

References: Reference: Interview with HR Defenders. Reports by the Institute for Democracy and Peace (July 2007).

Peer Review Comments: If the case doesn't have political implications, then it is possible to initiate investigations.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: Without political decisions, the council does not impose penalties on offenders.

References: Reference: Interview with Zamin Haci, independent researcher (August 2007).

Peer Review Comments: The council rarely imposes penalties, but it doesn't take on politically powerful offenders.

Peer Review Comments: Sometimes it happens without political decisions.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: The Anti-Corruption Law (article number 2) and the Law on Submitting Financial Records by Public Figures (article number 2 and 3) require members of the national-level judiciary to file an asset disclosure form.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: Law on Submitting Financial Records by Public Figures, Article 3.1

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: There are regulations governing gifts and hospitality offered to judges in Azerbaijan. According to the Anti-Corruption Law of Azerbaijan Republic, the value of gifts can not exceed US$65. If the value of the gifts is more than that, judges can not accept it, otherwise it can be characterized as a bribe.

References: Reference: The Anti-Corruption Law of Azerbaijan Republic.

Peer Review Comments: The value of a gift should not exceed 50 nominal financial units (one financuial unit is 1.1 manat, US$1.3). Clause 1 of Article 8 of abovementioned Law states that if a gift exceeds the amount of more than 50 nominal financial units, it "shall be considered as belonging to the state authority or municipal body in which that official is performing his or her service duties (powers). If a gift given to an official is envisaged for his or her personal use, that official may obtain the gift by paying the distinction in its price to the state authority or municipal body in which that official is performing his or her service duties (powers)."

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: Legislation does not require independent auditing of the asset disclosure forms of members of the national-level judiciary.

References: Reference; The Anti-Corruption Law of Azerbaijan Republic

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: Unde the law, there are no restrictions for national-level judges entering the private sector after leaving the government.

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

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: Since there are no such restrictions, efficiency can not be evaluated.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: There is no control mechanism to regulate gifts and hospitality offered to members of national-level judges, and therefore it is not effective.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

Peer Review Comments: There is no control mechanism and no efficiency.

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: Since there is no asset disclosure system for national-level judges in practice in Azerbaijan, they can not be audited.

References: Reference: Interview with Dr. Azer Mehtiyev, chairman of the Center for Economic Initiatives.

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: According to the Law on Reporting of Financial Records by Senior Figures approved June 24, 2005 (article 9), their declarations are personal information and can not be submitted to another person.

References: Reference: The Law on Reporting of Financial Records by Senior Figures of Azerbaijan Republic.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: Citizens can not access the asset disclosure records of the national-level judges at all. Therefore, time can not be subject to the research.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: Citizens can not access the asset disclosure records of the national-level judges at all. Therefore, cost can not be subject to the research.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).