The practice of providing state-funded legal aid existed in Azerbaijan even before this draft law, MP Rizvan Nabiyev said during discussions on the new draft law "On Free Legal Aid" at today's session of the Milli Majlis, APA reports.
The MP stated that its legal basis is Article 61 of the Constitution and existing legislation:
"The new draft serves to organize these guarantees more systematically. Azerbaijan fulfills its international obligations arising from the international conventions to which it is a party. Article 6, paragraph 3 of the European Convention on Human Rights and Article 14, paragraph 3 of the International Covenant on Civil and Political Rights establish specific guarantees. When a person facing criminal charges lacks sufficient financial resources and the interests of justice so require, they must be provided with free legal assistance. The right of a person who does not understand or cannot speak the language used in court to a free interpreter does not depend on their financial situation."
Rizvan Nabiyev emphasized that ensuring the defense of persons accused of serious crimes at the Baku Military Court is a concrete example in this regard:
"For example, Ruben Vardanyan being provided with a state-funded lawyer, as well as an interpreter in Russian, a language he understands, is one such example. This fact is an important procedural guarantee demonstrating that the right to defense does not depend on the severity of the charges."
The MP noted that the significance of Azerbaijan's rule-of-law model lies precisely in the application of the law to everyone and the simultaneous protection of victims' demands for justice and the accused person's right to defense:
"Thus, the strength of the state is reflected not only in investigating crimes but also in guaranteeing the rights of the accused. President Ilham Aliyev's characterization of the proceedings at the Baku Military Court as an analogue of the 'Nuremberg Tribunal' is entirely appropriate."
According to him, one of the accused had even appealed to the UN Working Group on Arbitrary Detention regarding alleged violations of procedural rights and the right to a fair trial:
"However, the UN Working Group on Arbitrary Detention, in its Opinion No. 46/2024 concerning Vardanyan in November 2024, rejected all the allegations and did not consider his deprivation of liberty to constitute arbitrary detention. This once again demonstrates that the Republic of Azerbaijan operated as a state governed by the rule of law even before this draft law."
The MP also addressed the scope of application of the law:
"The inclusion of families of martyrs and war veterans here demonstrates the value our state places on social solidarity even in the post-conflict period."
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