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Terry Davis: â€œArrest of any person engaged in politics does not mean that he is a political prisonerâ€

16 April 2008 09:42 (UTC +04:00)

-Mr. Terry Davis, you have recently made a statement on the state of media in Azerbaijan. How do you see the solution of these problems?
I am closely following the situation and have already expressed my concern over the state of journalists in Azerbaijan. I would like to add that of course to be a journalist, does not mean to disobey the law. Irrespective of being journalist, politician or minister, no one is favored over the law. And the law should not be used to prevent freedom of speech. As you know, the 10th item of the European Convention on Human Rights ensures freedom of speech and I always protect freedom of speech. But the freedom of speech has another aspect. It does not allow anyone to tell a lie or to make false statement. Though journalists have the right of freedom of speech, I myself criticize the journalists who tell lies. I want to say that there is great difference between criticizing a journalist for his writing and arresting the journalist for using freedom of speech. I have always expressed my concern over the situation in Azerbaijan both openly and in private meetings and I continue following this issue.
-Do you think there is a need to appoint special rapporteur on political prisoners in Azerbaijan?
-This is in the competence of the Parliamentary Assembly of the Council of Europe. I do not appoint a rapporteur and PACE is applied when necessary. I think that the interference of the organizationâ€™s executive body with the work of another body, PACE may damage balancing of the power. Besides, speaking of political prisoner, we should first of all know what it means. Even an outstanding political figure is not favored over the law and if this person commits crime, he should not be left unpunished. He can be held accountable and punished if necessary. Arrest of any person engaged in politics should not be regarded as his being a political prisoner. The main thing is what action the person has been arrested for. If he is arrested for political motives, then we can call him a political prisoner. And of course, the authorities should not abuse laws to pursue and arrest politicians. In many countries the representatives of government pursue politicians with some accusations, only because they do not like these politiciansâ€™ position. Though such accusations are put forward, they are not made precise. If someone claims that there are political prisoners in Azerbaijan, these accusations should be made precise and the person should concretely be named. A man told me last week that there were political prisoners in a country. We are not speaking of Azerbaijan. I asked him whom he meant and told him to name them concretely. I can open a questionnaire, if there are concrete accusations and reports.
-How do you assess the discussions between official Baku and Venice Commission on amendments and changes to the Electoral Code and law on Freedom of Assembly? Are you satisfied with the results?
- Currently I am waiting for the report and opinion of the Venice Commission on this issue. I have not seen this report yet and wouldnâ€™t like to express my opinion now. The Venice Commission has a great international influence and if this organization criticizes any law, I always deliver these critiques to the leaderships of those countries. Donâ€™t forget that authorities of Azerbaijan or other countries are not forced to accept these critiques. However if these countries donâ€™t accept the opinion of the Venice Commission, they have no rights to complain about my public critique. Naturally I will not criticize the governments unexpectedly, but I have an authority for the critiques, that is the Council of Europe Secretary General also enjoys with the freedom of speech.
-Do you believe in fair and democratic presidential elections in Azerbaijan?
-I think everybody will agree with me. Although there were criticized points in the past, but the situation positively changes every time and still there is a good environment for the development of tendencies. I believe in transparent and fair elections in Azerbaijan, but it needs to wait some for saying that next elections will be free and fair. We, English people have a popular phrase: â€œIf people eat the dessert, it means it is deliciousâ€. The Council of Europe is ready to assist Azerbaijani people in free and democratic elections within its authority if Azerbaijani people need it. I have a special interest in the situation in Azerbaijan and earlier I expressed my opinion on this country to President of Azerbaijan Ilham Aliyev. I believed that the president took this opinion into consideration. For example, Azerbaijani Government didnâ€™t want to accept advices of the Venice Commission for the first time, but after my conversation with President Ilham Aliyev, the Government officials changed their attitude to this issue. I was happy for that. There are many people in Azerbaijan living in their past. I think President Aliyev understands our aspirations to assist him and his country and knows that advices are not for critiques only but for constructive dialogue as well. Our will arises from the friendly relations between the Council of Europe and Azerbaijan. I would like to underline one issue. For example, in a number of countries PACE observers criticize shortages in the voting lists. Fair and correct voting lists play important role in free and fair elections. I think no authorities can draw the fair lists in a short time. It is important basis for free and fair elections.
-You said you would visit Azerbaijan till the presidential electionsâ€¦
-I havenâ€™t specified the date of my visit yet. I am interested in visiting Azerbaijan. As you know, I have visited Azerbaijan for several times. I canâ€™t say exactly which countries I have visited more, Azerbaijan or Georgia, but I know exactly that I have paid several visits to each country. My friends in other countries complained that I was visiting Azerbaijan and Georgia frequently than their countries. I hope to visit Azerbaijan soon. Of course I canâ€™t visit Azerbaijan in any time I wish because of heavy working schedule and visits to other countries. I have keen interest in Azerbaijan and it began when I assisted Azerbaijan and Armenia in their membership to the Council of Europe. I donâ€™t interfere in the internal political processes in the countries and I have no distinct position on the home policy of Azerbaijan.