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Draft resolution on Amnesty on the occasion of Novruz Holiday recommended to Azerbaijani Parliament â€“ UPDATED

Draft resolution on Amnesty on the occasion of Novruz Holiday recommended to Azerbaijani Parliament â€“ <font color=red>UPDATED</font>

11 March 2009 10:22 (UTC +04:00)

The draft law was presented by MP Mehriban Aliyeva, the President of Heydar Aliyev Foundation.
According to the Act of Amnesty, women sentenced for the crimes not creating public threats, those who were under 18 while committing the crimes, disable people of I and II groups, men reaching age of 60, people maintained children or parents of disable children will be released from the prison. The amnesty will also cover the women with one year prison ahead and men with six months prison ahead, all people punished with correctional labor of public works, fined people and people with postponed or conditional sentences. Nearly 9 thousand prisoners are expected to be covered by the act of amnesty and 1700 of them expected to be released.

The draft resolution sets restrictions on the fulfillment of the amnesty regarding to the people committed grave and special grave crimes depending on the character of the crimes, the actions created special recidivism and other prisoners.

As regards the application of amnesty, it was noted that amnesty is not applied on the persons envisaged in law #793 â€œRestriction of application of amnesty actsâ€ adopted on February 42, 1994. Amnesty is applied on the persons convicted on judgments, which had been effective before the law came into force. This resolution is also applied on the persons convicted by the courts of other states and serving their imprisonment in Azerbaijan. This resolution is applied within four months after coming into force.

MP Azay Guliyev said amnesty will reduce the work of the Pardon Commission. He said over 5000 people have been pardoned due to the pardon decrees signed up to now.

MP Gudrat Hasanguliyev said 1700 out of 17,000 prisoners will be released after the resolution comes into force and regarded it as a positive case.

Parliamentarian Rafael Jabrayilov said it is the second draft resolution presented by Mehriban Aliyeva to the parliament.
â€œThis step is in line with the stateâ€™s punishment policy,â€ he said.

MP Nizami Isgandarov said the draft resolution will be discussed in the parliament on March 17.

Member of the commission Mader Musayev underlined essential role of Heydar Aliyev Foundation and its President Mehriban Aliyeva in a number of spheres.
The draft law envisages that amnesty is not applicable for Articles 15.4 (serious crime),15.5(especially serious crime), 101,115.1, 119.1,122.2, 124.2,125, 127.2, 133.1,133.2, 136.3, 137, 138.2, 138.4, 139.2, 140.2, 140.4, 141.4, 144.2.2, 145.2, 146.2, 150.1, 151, 152, 159.4, 162.2, 170.1, 170.2, 171.1, 172, 177.2, 178.2, 179.2, 182.1, 184.3, 185.2, 186.2, 189.1.4, 192.2, 193.1.1, 195.2, 196.2, 199.3, 200.4, 200.1.3, 201.2, 204.1, 205, 206.1, 206.2, 208, 213.2, 213.1.2, 220.2, 221.2, 221.3, 222.2, 222.1.3, 222.2.2, 223.2, 224, 224.1, 224.2, 225.2, 227.1, 227.2, 228.1, 228.2, 229.1, 229.2, 232.1, 233.1.1, 234.2, 234.3, 235.1, 235.2, 236.1, 238.1, 240.1, 240.2, 243.2, 244.2, 245, 247, 248.2, 250.3, 251.3, 252.3, 253.2, 254.3, 256.3, 258.3, 259.2, 260.2, 262.2, 263.2, 265.2, 266.2, 267.3, 268.2, 272.2, 281.1, 283, 285, 288.1, 288.3, 290, 291, 292.2, 293.1, 294.2, 294.3, 295.1, 296.2, 297.2, 299.3, 299.4, 301.2, 302.2, 304, 306, 307.3, 309.2, 312.1, .312-1, 314.2, 314.2.2, 314.3.2, 314.3.3, 315, 316.2, 316.1.3, 317.1, 317.2, 317.1.2, 317.2.2, 318.2, 319.2, 321.2, 323, 324, 328.2, 330.2, 331.3, 332.2, 333.4, 333.5, 334.1, 335.2, 336, 338.2, 339.2, 340.2, 341.2, 342.2, 344.1, 346.1, 348.2, 349, 350.2, 351.2, 352.1, 353.1, 216, 308.2, 311.1 of the Criminal Code.

The draft law says that if one of the crimes of criminals committing deliberate crimes which cover damage assessment over AZN 50.000, persons, who did not pay damage assessment, recidivists, ex-prisoners, criminals committing crimes in military units and detention facilities, criminals arrested for several crimes does not come under the decisionâ€™s influence, the amnesty is not applicable for persons mentioned in points 2, 4 of the draft law.