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Ali Huseynov: â€œThe sentence in the Constitution is simply copied to the lawsâ€ - INTERVIEW

Ali Huseynov: â€œThe sentence in the Constitution is simply copied to the lawsâ€ - <font color=red>INTERVIEW</font>

11 February 2010 13:23 (UTC +04:00)

Baku. Elbrus Seyfullayev â€“ APA. APAâ€™s interview with chairman of Azerbaijani parliamentâ€™s committee for legal policy and statehood Ali Huseynov

-The Azerbaijani parliament is going to make amendments to some legislative acts. Could you give information about it?

-One of the issues that were put to the referendum on constitutional amendments last year concerned article 32. I want to mention the amendment made to the second part of article 32. â€œEveryone has the right to defend himself (herself) from illegal interference in his (her) private lifeâ€. The following amendment was made: â€œExcept the cases envisaged by the law, no one can be shadowed, video, photo, voice of no one can be recorded without his/her permission or ignoring his/her objection.â€ Of course, this is envisaged in the Constitution and the people voted for this. The legislation must reflect the items arising from the constitution in the relevant laws.

-Which laws are you speaking about?

-Amendments arising from the constitution are made to the law â€œOn freedom of informationâ€, â€œOn operation and searchâ€, â€œOn mass mediaâ€ and â€œOn obtaining informationâ€. Actually, the same sentence is copied to the abovementioned laws.

-Which sentence?

-Except the operation and search, shadowing, recording somebodyâ€™s video, photo, voice without his/her permission or ignoring his/her objection causes responsibility. As is shown in the constitutionâ€¦ Except the cases envisaged by the law â€“ operations and search â€“ this amendment is copied to the abovementioned laws. The aim is to ensure the right of everybody to defend himself from the illegal interference in the private life.

-Will this amendment cause obstacles for journalists?

-The aim of the amendment is not to restrict freedom of information, but to determine the framework. When the framework is determined accurately, the freedom is not restricted. The framework of the restriction must be precisely shown in the law so that the freedom is not restricted artificially. That it is not right to do anything, in all other cases there is freedom. The protection of private life exits in the whole the world.

-There is an expression â€œexcept operation and search actionsâ€. You know, journalist isnâ€™t a law-enforcement body to hold operations, search actions. He wants to write what sees. For example, if tomorrow I see some interesting scene in the parliament, I must ask permission for making a material about it, mustnâ€™t I?

-Of course you mustnâ€™t. I want to explain two moments here. Any video, photograph, voice records are permitted during operation and search actions. But you tell a different thing. At that time when we presented amendments to the Constitution some people tried to interpret it differently. We must not forget that we joined the European Convention on Human Rights. And our Constitution has been coordinated with this Convention. Of course, this change has not been received as a native by public persons. That is, this limit takes a purpose for protection of private and family life of non-public people. There may be cases when any person is being photographed without warning and despite his protests. Though he is a public person, he thinks that somebody has interfered in his family and private life in spreading information. At this case this person may appeal to court. There is an exact case law determining whether there is any threat or not. If any incident happens inside the state body or in front of it, of course, it is of public character and one should not ask permission to release the information. I repeat once more that, I speak about the right to protect from the interference in private and family life. In other words, as reflected in the decisions of European Court of Human Rights, the main factor in the determination between protection of private life and freedom of information is - to what extent this information interests the society. That is, if any photo or video contributes to the discussion of common interest, this can not be regarded as interference in the private life. So, these amendments do not contradict to the freedom of information, but supplement it.

-As we know, amendments to the â€œLaw on non-governmental organizationsâ€ are also among the discussed documents. What is the main essence of the amendments to this law?

-This amendment was made to the â€œLaw on non-governmental organizationsâ€ on June 30 in 2009. The theses exist also in legislation and there isnâ€™t any innovation in its main essence. This amendment is the copying of the amendment made to the document last year to the Civil Code, â€œOn the legal state of foreigners and stateless peopleâ€, â€œAbout state registration of legal personsâ€. I want to remind these theses once more. The regulations of non governmental organizations are not permitted to envisage appropriation of authority of state and self-government bodies, as well as control functions of the state authority. Unfortunately, such cases exist. Even some non-governmental organizations have been held accountable for this act. So, there isnâ€™t any change in this law.

-Proposals about amendments to the Electoral Code, particularly about the changing of compositions of the election commissions come to agenda frequently. How is this issue real before the parliamentary elections?

-If I ask this question I would say that the Electoral Code is brought to agenda artificially. Such things constantly happen in the pre-election period. Indeed abnormality of the process is that the amendments to this code are remembered only before the elections. There is a tradition in the Council of Europe: the country doesnâ€™t pass decisions on the eve of elections. We amended the Electoral Code last time on the insistence and demands of international organizations and local political parties. Their goal was to change power with changing of the Electoral Code, but our goal was to improve this document. The most important thing is the election experience, which is always showing that the problem relates not to any point of the Electoral Code, but to non-existence of electorate of the defeated side. It is abnormal to amend the Electoral Code on the eve of the elections. It needs to say no to this experience. The candidates and political parties donâ€™t feel that. Can you imagine implementation of amendments made just before the elections? There is no need in that. The current Electoral Code is completed normal document. If we want to review any issue, it shouldnâ€™t be on the eve of the elections. Today amending the Electoral Code is not on agenda before the parliamentary elections and the question about the changing of composition of the elections commissions was closed and will never be disputed. The local political parties, public community and international organizations should know that and not to spend time to odd discussions.

-How are the vacancies in the elections commissions?

-It should be coordinated by the political parties and actions should be taken for the formation of the Central election Commission until the next elections.

-There are proposals on restoration of proportional election system today. How is this issue real?

-We rejected the proportional elections system after the long-term debates. Azerbaijani people chose majority system. In fact proportional system is more useful for the political parties. It should be useful for New Azerbaijan Party as well. The party well used its influence to gain votes and its numerous representatives were winning the elections. We could double benefit from that. But majority system created direct communication between the candidates and voters forcing the candidates to work hard. The people needs in this system. Sometimes it is said that the proportional system would promote the development of political parties. But, in contrary, the parties can effectively benefit from the majority system too. The issue of proportional elections system is not discussed by the legislative subject of Azerbaijan. The questions should be closed at lest for decades.

-By the way one of the most disputed issues of recent years is the changing of law on political parties and describing of political party funding in the documentâ€¦.

-This law was adopted in 1992. Those, who are demanding to change this law now, adopted it in this form in that time. This law doesnâ€™t concern us. The party, which intends to benefit from this law and to use it for its formation, will fail. The party can rely only on the people. The political party should have its leader. What financial opportunities had the New Azerbaijan Party during its founding? The factor of Heydar Aliyev played great role in the formation of this party. As if the political parties, which intend to benefit from the budget, intend to become public servicemen. I donâ€™t see needs in adoption of new law or changing of existed laws.

-The parliament will hear the report of Ombudsperson in near future. Who will submit the report?

-There is legislature in this field. Naturally, the candidates should be submitted to the parliament in accordance with the Constitution.