Lawyer: Abolition of Chartered Legal Executives system in Azerbaijan is another step towards anti-democratization of legislation
Azerbaijani lawyer Namizad Safarov, who has an extensive experience of advocacy, has criticized the decision of the Parliament of Azerbaijan on abolition of the Chartered Legal Executives’ system and has called it an undemocratic step, writes the Azerbaijani news agency "Turan".
According to him, this rule was adopted under the positive influence of international organizations in Azerbaijan. The Institute of Chartered Legal Executives is a form of social control over the courts. Participation of 12 membered juries appointed by lot prevents the courts of adopting customized decisions. Thus, if the jury concludes that the defendant is not guilty, the judge must release him.
"Such practice would have prevented the prosecution of citizens for political reasons on the basis of trumped-up charges. The authorities have long refused the operation of the Institute of Chartered under the pretext of the absence of the proper conditions for it, and now they have canceled it at all. This is another step in the deterioration of law and anti-democratization," Safarov said.
Erkin Gadirli, legal expert, the REAL movement board member, commenting on the decision of the Parliament, pointed out the invalidity of Attorney General’s legislative initiative, which is one of the litigants.
"References that the jury does not have a legal background are groundless. They should not possess it. They establish the fact of involvement or innocence of the accused in the crime. The jury is not simply chosen: these are people with honest, independent, impartial citizens’ reputation, possessing knowledge and experience in various fields," said Gadirli.
He believes that the institution of the jury can be installed only when inviolability of private property is provided, citizens receive a decent salary, and the taxes are paid punctiliously. Otherwise, the jury becomes vulnerable in terms of using pressure on them.
According to him, instead of the consistent work on creating conditions for introduction of the Chartered Legal Executives’ system, the Azerbaijani authorities have decided to abolish it completely, which is not conducive to fair justice.
The Azerbaijani parliament has introduced amendments to the law "On Courts and Judges" by withdrawing from it the rules on establishing Chartered Legal Executives’ system in the courts. The document has been presented to Parliament by the legislative initiative of the Supreme Court and the General Prosecutor's Office of the country.