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Khanlar Hajiyev: â€œWhile leaving for Strasbourg I knew that I didnâ€™t go for treasure huntingâ€

21 July 2008 11:34 (UTC +04:00)

-You are a judge of European Court of Human Rights for more than five years. Is the difference between judgment in Azerbaijan and at the European Court big?

-Of course. European Court is completely different system. I should acknowledge that you have to pass quick adaptation before working there and to meet certain criterions to become the European Courtâ€™s judge. Naturally every court has its own features and procedure rules. There are many positive sides of judgment at the European Court, which has very effective staff with high-level specialists. Sometimes I am surprised how they can bring these people together. I think every court, including ours, should be so. I think formerly we didnâ€™t give enough attention to the activity of court system and lawyers working there. However we should focus on this issue.

-According to rules, you participate in all cases related to Azerbaijan. Had you difficult moments so far?

-National judges should participate in all cases related to their country and I also attend all trials related to Azerbaijan, but I didnâ€™t face significant difficulties. 13 decisions were passed on our country so far. Sometimes we face difficulties at the committees. Character of disputes is changing gradually. Probably the European Court will review more serious cases after vacation. I mentioned in my previous interview with you that national judgeâ€™s role doesnâ€™t mean to protect position of own country. The national judge represents his country only. Unstable defending own countryâ€™s interest creates idea that there is no legal, democratic culture in your country. It can be misunderstood by your colleagues and can be evaluated as an injustice and strangeness. The judge has to observe the rules and we have to take into consideration that court decisions base on facts.

-Usually ensured complaints are introduced decisions against Azerbaijan. Is it so?

-Every decision passed by the European Court contributes to the development of law in that country. We can benefit from those decisions for Azerbaijanâ€™s present time and future. We can use decisions related to other countries for solution of problems in the national legislation. We joined the European Convention on Human Rights and undertook to protect all rights fixed in the convention. Those rights were reflected in Azerbaijanâ€™s Constitution too. Therefore nobody can oblige each other.

-You told journalists that there are about 1000 cases related to Azerbaijan on European Courtâ€™s agenda and nearly 40 of them are reviewed. Which phase are other issues in?

-Azerbaijan has sent 1726 appeals to European Court of Human Rights after joining European Convention. 1043 of them are being considered at present. Other appeals have been solved. There are many appeals, including Armeniansâ€™ claims against Azerbaijan. There are 495 such claims. The rest of them were sent from Azerbaijan. The government was sent notification on 37 cases. Decision on 37 cases can be passed. The rest of them will be considered and it will be determined whether decision will be passed or not.

-Did Azerbaijan send many appeals to European Court, if we take Azerbaijanâ€™s small territory and new joining European Convention in to consideration?

-I do not say my opinion on it. The court thinks that appeals have been increased and quality of them has been changed. Prospects of appeals have been increased that decisions may be passed on them. People learn demands of European Convention and it influences on quality of appeals. There was one Azerbaijani lawyer, when I started work and second Azerbaijani lawyer has already been employed. Third lawyer is expected to be employed in future.

-You will take this post till October, 2013. Do you want to return Azerbaijan and work as judge here?

-It is difficult to say about it beforehand. Certainly, I want to return Azerbaijan and continue my activity in my country. Everything depends on time. Human should be there, where he is demanded. I want to serve to my people and state. I was informed that there was a judge in USSR Supreme Court from Caucasus every time, when I returned back to Baku. Then Ismayil Alkhasov worked as judge in USSR Supreme Court from Caucasus. Several people said that you can represent Caucasus in USSR Supreme Court after him. I returned back to Baku to work here and I stated that USSR would be separated in a short time and I would be a judge of Supreme Court and Chairman of constitutional Court in Azerbaijan. I was appointed on the initiative of Heydar Aliyev. I remembered it with great pleasure. I am happy that I represent independent Azerbaijan in European Court of Human Rights. I hope for returning back home and work in my country. Paulo Coelho has an interesting novelâ€ Alchemistâ€. Hero of novel goes for treasure hunting and after long searches he understands that treasure is in his country. I knew that I did not go treasure hunting before leaving country for Strasbourg and treasure was in my motherland. Human is a big wealth in the world. Azerbaijanis are big treasure of my country.