Chairman of the Azerbaijani Supreme Court is concerned about frequent provision of the prosecution’s requests on a preventive measure of arrest towards a detained person by courts. “We are sorry that it happens. We are worry about it,” chairman of the Supreme Court, Ramiz Rzayev, answered the question of Trend News.
People committed crimes in Azerbaijan are arrested irrespective of heaviness and motive of crimes. Public and the legal community are dissatisfied with predominance of arrest compared to other preventive measures. We failed to get official information concerning the statistics of appeals and court decisions on the measure of punishment in the form of arrest for six months of 2009.
According to the monitoring of the Lawyers Committee for Human Rights, held in May-November 2008, the district (city) and the military courts of cities and regions received 812 cases from the prosecution to use preventive punishment in the form of arrest.
About 806 cases were approved and six – replaced by other preventive measures. An interesting fact is that during the reporting period all cases were approved.
About 60 of 812 cases to apply preventive punishment in the form of arrest submitted by the prosecution do not pose great danger to society, 535 – less serious, 193 – serious, and 24 – the most serious crimes, the report of the Lawyers Committee for Human Rights said.
Azerbaijani criminal-procedural legislation defines such preventive measures as house arrest, bail, a written undertaking not to leave a place, the personal guarantee, guarantee of the company, control of the police, command control, as well as dismissal.
Rzayev said that currently this issue is being studied by the Supreme Court. Cases connected with a preventive measure in the form of arrest are generalized. This issue will be discussed again.
Rzayev said that, in a letter sent to all Appellation courts in June 2009, the Supreme Court recommended judges to be attentive and follow the requirements of the law while making decisions on the arrest.