2023-10-24 15:41:03
Subhan Hasanli
Sometimes even very well-known social and political figures make statements that it is supposed to send a case to the European Court of Human Rights means to be against the state and the country. For example, Vahid Mustafayev made a similar speech today. In the past, I have heard this from many people either in person or through social media. None of these statements sound sincere to me. What is the main argument of those people? If we file a complaint, it will be written that “X is a case against Azerbaijan” and they do not want to file a complaint against their country in a foreign court. It seems to me that all those who made these statements are well aware of the situation, but still, they deliberately resort to this type of manipulation. If they do not know, then it is appropriate to give a brief information.
To submit a complaint to the European Court of Human Rights, a country must first be a member of the Council of Europe. When you become a member of the Council of Europe, you approve this mechanism and it happens VOLUNTARY. No one is forcing a country to do this. The member country accepts that whenever its citizen thinks that his rights are being violated in the country, he will send him to the court and when the court issues a decision, he will ENFORCE it. So this is not a secret process. It is a mechanism adopted directly by the state itself.
Another argument is that we want to settle the issue with the laws of the country. That is, not by the law of some European.
This argument also has no logical side. Article 455 of the Criminal-Procedural Code adopted by Azerbaijan states that the decisions of the European Court of Human Rights are the basis for considering new cases. In other words, if the decision in our court is against the citizen and in favor of the citizen in Europe, this is the basis for new cases.
Article 456 states that when the decision of the Constitutional Court of the Republic of Azerbaijan or the European Court of Human Rights enters the Supreme Court of the Republic of Azerbaijan, the President of the Supreme Court instructs one of the judges to prepare and report the case to the plenary session. The case is considered at the plenary court session no later than 3 months after the decision of the Constitutional Court of the Republic of Azerbaijan or the European Court of Human Rights enters the Supreme Court of the Republic of Azerbaijan.
That is, the decisions of this court are binding for us, and the deputies of Azerbaijan voluntarily added it to the law in the Milli Majlis.
Today, 50-60 percent of the court decisions issued in Azerbaijan refer, at least formally, to the decisions of the European Court of Human Rights. Some of the cases brought against Azerbaijan are published on the websites of the state’s own institutions (for example, the Supreme Court, the Ministry of Justice, etc.). In that case, what connection can there be between suing, selling the state, or some other similar matter?
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