The decision to deny bail to a lawyer (?) is considered a prejudicial act.

2024-08-05 11:21:31

Are the judiciary subject to the Constitution or the Constitution to the judiciary?

The status of judges in Azerbaijan is determined by Article 127 of the Constitution of the Republic of Azerbaijan. According to that article, the judiciary is independent and subject only to the Constitution and laws of the Republic of Azerbaijan. The Judges consider cases IMPARTIALLY, FAIRLY, EQUALLY to the parties, according to the facts and according to the law. WE ARE NOT ALLOWED to use court proceedings directly or indirectly by anyone and for any reason to influence, threaten and interfere with the law.
In this country, the law with the highest legal function is the requirement of the Constitution, but how do the judges fulfill this requirement? Say from the beginning that there are enough honest, fair, humane, impartial judges in the country. But there are many others who have the exact opposite standard. It is through judicial actions that the judges, who should obey the Constitution, subject the Constitution to their bias, and even the fact that the judges themselves (?) place LIMITS on the proceedings of the Court. Don’t you believe?
In summary, let’s draw attention to the arbitrariness and the prohibition of court, as it has been said in the past, that what happened to us is a slipper. The same panel of the Administrative Board of the Baku Court of Appeal (Sharafat Mammadova, Parviz Huseynov, Jahangir Yusifov) regarding the appeal from two decisions of the Baku Administrative Court (H. Orkhan Hasanov) dated 12.12.2022 regarding the provision of a lawyer at the expense of the state of the claimant 1st degree Karabakh veteran did not surrender his request with the decision dated 25.04.2023. Apart from the fact that this decision is a ban on the right to judicial protection and legal aid guaranteed by Articles 60 and 61 of the Constitution, it is already in effect as a prejudicial act and is applied as a precedent law that is superior to the Constitution. This was mentioned in a regular text by the head of staff of AD Baku AM, Sharafat Mammadova, in a letter dated 08.05.2024, and recently, in a letter dated 31.07.2024, the deputy head of staff, Nizami Huseynov, in a response to the complaint from the Judicial Law Council.
See contempt of the Constitution, the claimant Karabakh 1st degree disabled person on IK Baku AM (Sharafat Mammadova, Parviz Huseynov, Jahangir Yusifov (replaced by Mehriban Garayeva on 23.04.2024) dated 23.04.2024, 2-1( 103) / 1960/2024 before and after 6 months of protesting against the composition of the court, a request to sponsor a lawyer at the expense of the state, there was no response for 6 months The technical team responded to the complaint to the council that the decision was made regarding the rejection of the attorney dated a year ago came into effect and is still in effect (?).
Now the floor is not with the President of the Supreme Court, but with the President of the Judicial Law Council. What kind of rights and freedoms can be protected by judicial protection, legal aid, protection from arbitrary and honest conduct? Another rhetorical question is for the president of the Supreme Court: Are judges subject to the Constitution, or is the Constitution subject to judges?
The judges seem to have brought the Constitution to their knees yet. The role of the Constitutional Court (KM) itself in this matter is not small. At the very least, complaints are not allowed to be processed by order to KM either.

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