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Tomas Markert: â€œElective Code of Azerbaijan is not the hindrance for holding democratic and impartial electionsâ€ - INTERVIEW

Tomas Markert: â€œElective Code of Azerbaijan is not the hindrance for holding democratic and impartial electionsâ€ - <font color=red>INTERVIEW</font>

10 April 2010 00:01 (UTC +04:00)

- Mr. Markert as newly-appointed Secretary of the Venice Commission (VC), are you aware of the details of the cooperation existing between the Azerbaijani government and the VC for many years?

- I personally didnâ€™t have any Azerbaijan-related activity, but I am informed about Azerbaijan-related cooperation in various spheres, and I am aware of the works that are currently in progress.

Are you familiar with the elective code of Azerbaijan?

- Of course, I think, our cooperation with Azerbaijan in the sphere of the elections is the necessary part of the cooperation that we currently have. From one hand, this fall the parliamentary elections will be held in Azerbaijan, from other hand, the elective code needs some reforms as well as some general practical reforms in Azerbaijan. I mean, if we review the reports of the missions that observed the elections weâ€™ll see the emerging drawback. Yesterdayâ€™s decision made by European Court of Human Rights toward Azerbaijani government due to shortcoming in the field of the elections affirms my words. May be, itâ€™s not concerned with reviewing the elective code, but itâ€™s concerned with the implementation of the law. Thatâ€™s to say, the matter is correct fulfillment of the bill. We know that this field needs some amendment and my colleague, Chief of Venice Commission Elections and Referendums Division Sergey Kuznetsov will leave for Baku next week. In Baku he will mull over the above-mentioned issues in the Presidential Apparatus, Central Elective Committee (CEC), and other appropriate state entities.

- Are there currently only discussions or you have a concrete election-related plan of proposals?

- With regard to next weekâ€™s meetings, for now weâ€™ll have only discussions with Azerbaijani government. Because, we havenâ€™t so far received any offers from Azerbaijani government regarding the cooperation in the sphere of amendments in the elective code. However, weâ€™ll carry out some works related to hosting the internships for judges and CEC staffers. I believe that after yesterdayâ€™s decision made by the by European Court of Human Rights, Azerbaijani government will be more interested in this cooperation. Certainly, election issue is the important sphere and the Council of Europe, where the VC is represented, has the special relevant plan of actions, but we surely cooperate in other spheres as well. For instance, the referendum on changing the constitution has been lately held in Azerbaijan and the VC divulged its appraisal. After that referendum many laws were passed in Azerbaijan and the Azerbaijani government expressed its wish to have consultations with the VC concerning with the fulfillment of some laws proceeding from the referendum, and of course, the VC gave its appraisal related to the passed laws and the laws that will be passed in the future for the referendum. For example, we currently review the bill-related normative acts and weâ€™ll give our appraisal in the next session. In our former cooperation with Azerbaijan we have received several inquiries from Azerbaijani party related to human rights. For example, we have given our appraisals to the law on free assemble, and our appraisal was very useful in application that law.

- But prior to elections the free assemble-related issue was very urgent in Azerbaijan and some men are discontent with that law. Will any works be done in this direction?

- As you know VC of the CE is not the monitoring body, the Parliamentary Assembly is dealing with monitoring. VC can interfere in some issue and give appraisal only after the direct enquiry of that country itself or on the bases of some body of PACE. If VC gets such enquiry from Azerbaijan or PACE then we can render our assistance, but we canâ€™t take the initiative. So, I can tell you that this law is good but its application is the other subject of conversation.

- Is that possible to hold democratic and impartial elections with the current elective code?

- I think, the content of this elective code is not the hindrance for holding democratic and impartial elections. First of all there must be a political will to do it. Certainly, provisions of the elective code could be improved for facilitation but the law doesnâ€™t in itself hinder.

- Some seats in the Central Elective Commission are still vacant. What is your opinion?

- I surely realize that one of the problems in the elective code is the composition of CEC. Because, itâ€™s important to create equilibrium between the majority and opposition, itâ€™s not so easy to reach this equilibrium. Therefore, I wouldnâ€™t like to express any opinion regarding the vacant seats in the CEC. May be at the present time our reporters survey this issue but I really donâ€™t have any information about it.

- What is your opinion toward the Constitution of Azerbaijan, do you see any necessity to review this document?

- Frankly speaking, VC hasnâ€™t systematically studied Azerbaijanâ€™s constitutions, which have existed up to present time, but the most interesting thing for us is that in accordance with the constitution, Azerbaijan is the presidential country, and this is the distinctive approach for the European practice. Many European countries have the parliament or presidential-parliament form of governance, but we rarely face with the presidential form of governance. Naturally, in the presidential republics itâ€™s more risky to concentrate the entire power on the hands of one person, and submitting our appraisal we always note in it that besides the execution power itâ€™s more desirable to strengthen the power of the parliament as well.

- When are you going to pay visit to Azerbaijan?

- Currently, I donâ€™t have such visit in my operating schedule, but taking into consideration our cooperation and joint activity, Iâ€™ll pay visit to Azerbaijan without fail as soon as I get a chance. Besides it, visits from Azerbaijan to VC are also important, for these purposes, we have invited the President of Azerbaijan to partake in the events, which will be held on June 5, dedicated to the 20th anniversary of VC establishment. We hope, Azerbaijani President or some other high-ranked official will receive our invitation and attend this event.