Chingiz Asgarov: “Eynulla Fatulayyev has AZN 260 000 of tax payable” - INTERVIEW

Chingiz Asgarov: “Eynulla Fatulayyev has AZN 260 000 of tax payable” - <font color=red>INTERVIEW</font>
# 26 April 2011 15:16 (UTC +04:00)
-The Azerbaijani delegation took active part in the Interlaken conference on the prospects and reforms of the European Court of Human Rights and is participating in the Izmir conference. Which proposals does the Azerbaijani side support when it comes to the judicial reforms?

-As you know, on the eve of the reforms process launched by the Interlaken conference Russia ratified protocol 14 and soon after that the document came into effect. There were some expectations from this protocol. There were views that it would increase the efficiency of the activity of the European Court of Human Rights, improve its activity, the number of the complaints to the court would be reduced, the court would be able to consider more complaints. The Interlaken Declaration put forth views on the improvement of the work of the European Court. The views voiced in Interlaken have become more serious in today’s Izmir conference. The states will pay attention to the improvements. The number of the complaints to the European Court increased by 30 000 within the past year. Therefore, more serious measures must be taken. What measures will be discussed today? There is a proposal that the suitors should pay some duties for the complaints, because 90 percent of the complaints to the European Court are regarded as inadmissible appeals. As the chairman of the Court said, nine of every ten appeals to the European Court are inadmissible, groundless. So, measures must be taken to reduce the flow. This duty may prevent the groundless complaints. This mechanism will prevent people from filing groundless appeals. Moreover, protocol 14 introduces additional criterion. This prevents serious damage of the suitor. This criterion must be applied more seriously by the European Court. The Court applied this criterion while passing decision on one or two cases. But it seems that improvement should be made in this field.

One more serious opinion sounded in Izmir conference was the underlining of the European Court’s subsidiary role. ECHR considers that its subsidiary role consists only in that the member countries must execute its decisions, and must take measures for prevention of additional complaints. But the member countries see the court’s subsidiary role and its main part in that ECHR, passing any decision, must consider the domestic legislation of a member country. The European Court can not be the 4th instance court, can not abolish the decisions of the local courts and can not make the member countries take this or any measure, because the other choices can be in these countries, for example, in Eynulla Fatullayev’s case. Azerbaijani government said that EHCR had infringed its subsidiary role, because we have the procedure of consideration of case on new cases by Supreme Court’s Plenum i.e. if EHCR pass any decision, there will be a base for this case’s consideration in the Supreme Court’s Plenum. As usual we can see it in the criminal cases. In this case, the EHCR says that you must free this person. But the question appears – why? Our courts have decisions. The European Court automatically abolishes the decisions of Azerbaijani courts. It is unacceptable. That’s why the member countries joined to the Council of Europe, European Convention on Human Rights see such situation and specially note that EHCR must perceive its subsidiary role.

- Do you expect for new proposals on the court’s reforms, the adoption of laws, or it will be the repeat of Interlaken process?

- I think it should be. The serious discussions have been held with the European Court before the Izmir Declaration, as well as concerning the issue of tariff I mentioned. Other issue is the EU joining to the European Convention on Human Rights. This issue is discussed now very seriously and therefore it caused wide disputes. We hope that any concrete result will be achieved by the end of the year.

- You mentioned the Eynulla Fatullayev’s case. This issue was discussed at the Committee of Ministers of the Council of Europe in March, 2011. What is state of the discussions between the government of Azerbaijan and the Council of Europe on this issue?

- The position of the Azerbaijani government is that the decision of the European Court of Human Rights was completely fulfilled. The two decisions made by the Supreme Court’s plenum said that according to ECHR’s decision, the criminal case should be suspended and that person should be released. The Supreme Court fulfilled that decision. We paid full amount of compensation. According to the judgment about him, he has AZN 260 000 of tax payable. Now the issue related to cancellation of tax payable is reviewed. The issue has not been solved yet, but is investigated. The individual measures were fulfilled completely. Regarding the common measures, there are several cases and we review conducting of measures on that.
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