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Khanlar Hajiyev: â€œPeople should defend and restore their rights in home countryâ€ â€“EXCLUSIVE

Khanlar Hajiyev: â€œPeople should defend and restore their rights in home countryâ€ <font color=red>â€“EXCLUSIVE </font>

17 April 2008 15:48 (UTC +04:00)

-How do you evaluate your re-election to the European Court of Human Rights at the session of the Parliamentary Assembly of the Council of Europe?
-Of course, it is good result for me. It is true that process was a long. I wouldnâ€™t like to evaluate all these issues. Anyway everyone will reason for himself. First of all I would like to thank Azerbaijani nation and its leader for nominating me as a candidate. At the same time, I thank the people voted in PACE. I will serve as a judge of the European Court until October 31, 2013. It is a long term and it is difficult to say what will happen tomorrow. I aim to continue fair and unbiased activity and worthy represent Azerbaijan. International judges have bigger responsibilities. There are a lot of cases and the judge has to take correct and exact position on each of them. It demands from the judge perfect knowledge and hard-working. I am also hard working. I know exactly that I will share my knowledge with my young counterparts in my country.
-How do you evaluate your activity in the European Court so far?
-Everybody coming here spent two years for learning of the working mechanism in the European Court. Time is limiting here. I remember my first working day here. When they left cases on my table I realized that I should read and understand all cases myself. I tried to shorten this way in two years. I realized in the next stage that I should feel free in expressing of my opinion. You should have enough knowledge to feel free. The activity of the European Court consists of commenting the European Convention on Human Rights and freedoms and their implementation in concrete case. Of course, the work bases on the precedent. Every lawyer should have a correct style of thinking and should know legal principles and their implementation. There are both easy and complicated cases here. I face with such cases where I am made difficult to express opinion and to make conclusions. In any case I should take certain stance.
-Do you agree with the decisions of European Court related to Azerbaijan so far?
-People should observe rules of their families. Acceptance of this criterion will make others respect for you. If I am attending trial against the nation as a judge, I should write special opinion to protest the decision. If there is no opinion, the judge cannot vote against it simply. They can ask you, if you have no reasonable argument against the decision, why are you voting against it? You should write special opinion and approve your opinion. If you have no legal thoughts and special opinion on this issue, you can be scoff of all.
Special opinion is published along with the courtâ€™s decision and everybody sees your position. Attitude towards the judges defending their states groundlessly is bad. But if there is ground, you defend the law, not the state. I want to say that the cases submitted to the European Court from Azerbaijan are mainly simple cases. It does not require great wit to see violation of law in these cases. While delivering lecture in Baku recently, first I was not understood. I could explain after a number of questions. While considering a case, court first of all clarifies how the law has been violated. The court examines whether the interference has been based on national legislation, and examines its purpose. Generally, it studies proportionality of the interference with right and acceptance in the democratic society. Viewing some complaints from Azerbaijan we see that our national legislation has been interfered while being considered. More precisely, the national legislation does not envisage interference with that right. These cases first of all contradict national legislation and then the European Convention. We always say during our speeches that we wish Azerbaijani legislative bodies to obey the European Convention. But they should first of all obey Azerbaijanâ€™s Constitution and then think of the European Constitution. For example, if violation of Article 11 of the Convention â€“ freedom of assembly - is found out in the case submitted to the European Court, you will see that the appeal of the public organization in connection with registration has not been considered within the allotted term. The term for considering is delayed and it results in the fact of violation. We are examining a case submitted to the court. We see that court passed the decision banning the citizen from leaving the country. The criminal case on him was closed, the allotted term expired, but the sentence was not lifted. This is the violation of the national legislation. Of course attention should be paid on these facts. Good judicial system has been established in Azerbaijan. Existence of a number of court instances does not mean that a simple mistake should not be corrected. A case passes from the first instance to the Appeals Court, Court of Cassation and sometimes even to the Constitutional Court, but then you see that the mistake was not corrected. The first point, there is a legal dispute over a case and the European Court corrects it. And the second point, the national legislation is violated. Disrespecting national legislation is not only a shortcoming.
-Is Azerbaijanâ€™s executing decisions of the European Court satisfactory?
-You know that the Council of Europe Committee of Ministers deals with the execution of decisions made by the European Court. They follow the execution of decisions and contact the state. I do not know any problem related to Azerbaijan yet. We should try to eliminate any shortcomings in the legislation and administrative judicial practice ourselves. Work of the European Convention is of subsidiary character. National bodies are responsible for the protection of Human Rights. The state should establish its judicial system so that there is justice in each case considered by these institutions and Human Rights are protected. The decisions of the European Court give impetus to the state to eliminate shortcomings in the judicial system, legislation. This is the requirement of Azerbaijani Constitution.
-How many appeals have been sent to European Court from Azerbaijan?
- It is difficult to say concrete number, because the numbers are often changed. Azerbaijan sent 800 appeals to the European Court, when I worked in European Court newly. Most of them have not been considered. Because the citizens have little information about the European Court and European Convention and they did not take demands of appeals into account. Azerbaijani lawyers know how to compile the appeals. One Azerbaijani lawyer works here. Second lawyer engages in appeals which rejected. He works basing on temporary contract. Second lawyer will work basing on long term contract. He will serve to consider the appeals. It is difficult to prepare appeals by the help of one lawyer. There are appeals on difficult issues from Azerbaijan and it demands long time to correspond with the court.
-Some estimated the amount of appeals form Azerbaijan to the European Court as a negative factor. Do you think so?
-I do not see any tragic thing here. Mistakes are not corrected in national legal system and these appeals are sent to the European Court. European Court is not interested in the amount of appeals. There were 103.000 unconsidered appeals at the end of the year. 14th protocol of European Court has not been adopted, because Russia has not ratified it. Our chairman noted that the states should protect the rights of their citizens and European Court should not be as an additional instance. There are difficulties on the consideration of many appeals.
-Which countries have sent many appeals to the European Court?
-Azerbaijan is not among the countries sent many appeals. Russia has sent many appeals. Then I can say Turkey, Ukraine, Poland, Romania, and Slovenia. Though Slovenia is a developed country, there are many appeals from there. The appeals form Slovenia cover that the issues are not considered in due time. It was occurred lack of any shortcomings of legislation. Appeals from Azerbaijan cover the violation of various Articles of European Convention. We can eliminate it by the correct formation of activity of judges and court practice, not adoption of amendments. They should pass unbiased and just decision. The situation is satisfactory in this field. We take many measurers but we should be responsible for them.