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OSCE Office in Baku releases 2009 Trial Monitoring Report in Azerbaijan

25 October 2010 10:28 (UTC +04:00)

As outlined in the present Trial Monitoring Report, the trial observation conducted throughout 2009 revealed that, while there are significant improvements to be noted since the publication of the previous Trial Monitoring Report issued by the Office in 2008, shortcomings have been identified in terms of full compliance with the applicable domestic legislation and relevant fair trial standards.

The Office stands ready to continue supporting the ongoing judicial and legislative reforms in Azerbaijan. Therefore, based on the findings included in this Report, the Office suggests the following general recommendations on possible reforms to rectify the irregularities and breaches of fair trial standards identified during the trial observation in order to further improve the Azerbaijani justice sector.

1. Judges must adjudicate the cases independently and impartially. Consequently, they should refrain from making any comments that may imply their position as to the guilt of a defendant.

2. Security measures applied to the defendants, in particular the use of pre-trial detention, should be based on individual risk assessments in every case and its use restricted as much as possible in line with the applicable domestic legislation and international standards.

3. Judges should treat both parties to a criminal case equally.

4. The accused shall have full access to effective legal representation, including to a duly qualified State appointed defence lawyer, if he/she so wishes. Further, the defence should be given the opportunity to get genuinely involved in the case.

5. Judges should exclude any evidence tainted by allegations of torture and ill-treatment, unless the prosecution succeeds in removing any reasonable doubt as to its admissibility.

6. Judgments should be reasoned in order to fully ensure due process, and ultimately, the accusedâ€™s right to defence.

7. Thus, the judges should ultimately ensure that the existing safeguards within the domestic legislation are applied in order to guarantee that a defendant is entitled to a fair trial in accordance with that legislation and relevant international standards.

8. Finally, in order to further increase the knowledge and professionalism of justice personnel to dispense justice, the Office recommends that legal professionals, and notably judges, receive regular information and training on relevant case law, both from Azerbaijani courts, especially the Supreme Court and the ECtHR, in particular as to the practical implications of the accusedâ€™s right to effective legal representation and the principles of equality of arms and impartiality, including the appearance of impartiality.