This year is the fifth anniversary of establishment of the new body - Judicial-Legal Council in our country. In this connection, President of the Council, Minister of Justice Mr. Fikrat Mammadov has given an interview, on activities of domestic judicial system, to pressman of AzerTAc. The interview is being brought to the attention of readers.
- Mr. Mammadov, it has been already become 5 years from establishment of the Judicial-Legal Council, this month. So, the first coming-up question is about necessity of establishing of the Judicial-Legal Council and its role in society.
- As you know, after restoration of independency by Azerbaijan, fundamental reforms were carried out in all fields of public life, under the direct leadership of the National Leader - Hadar Aliyev. Just the judicial system became one of the widespread spheres of the reform.
This was not happened by chance. Due to choosing of the course of development of democracy by our country, there couldn’t be possible to realize progressive reforms towards the protection of human rights, by the judicial system, which was heritage of former Soviet Union
For carrying out judicial-legal reforms orderly, the Legal Reforms Commission was established by National Leader, and by attaching special importance to this issue, Genius Leader himself undertook conduction of the Commission.
The judicial and legal system of the country was fully renovated on democratic principles in a short historically period of time, contemporary judicial system was formed, progressive laws and codes were adopted according to European standards.
First time in 2000 year, among the public bodies, the test examination method was implemented in selection process of judges, resolute steps were marched on the way to forming independent judiciary, and thus activity of new judiciary was launched.
Certainly, democratic development, unanalogous rapid economical evolution of our country, occurring of the newest public relations, caused to reforms on modernization of judiciary.
In this connection, systematical works were carried out in this sphere, pursuant to assignments, on modernization of judiciary according to international norms and principles, of President Mr. Ilham Aliyev, who attaches an importance to the judicial activity on protection of human rights.
First of all, together with experts of Council of Europe, Azerbaijan-Council of Europe Common Workgroup was set upped for doing researches on legislation, which regulated judiciary, intensive debates were opened, comprehensive Action Plan become implemented after being drafted. During the process, Recommendation (No.12) of the Committee of Ministers on independence, efficiency and role of judges (1994), European Charter on Statute for Judges (1998), Opinion no 1 (2001) of the Consultative Council of European Judges (CCJE) on standards concerning the independence of the judiciary and the irremovability of judges, were paid special attention.
As consequences of done works, new bills were drafted, on improvement of efficiency of justice, and additional guarantees of independency of judiciary fixed in the new bills too. The bills were adopted after expertise by Council of Europe.
Fundamentally renovation of Courts and Judges Act, adoption of specific Judicial-Legal Council Act in 2004 year, played important role on improvement of efficiency of justice.
Termless appointments of judges, rules of evaluation of their activities were defined first time. With the purpose of fighting against corruption cases, enrolment of citizens by judges was prohibited pursuant to legislation, publication of judgments of higher instance courts, as well as terminated and amended judgments of local courts were envisioned with the purpose of ensuring transparency in activity of courts.
The new body – the Judicial-Legal Council was established within staff of 15 members, as self-governance body of judiciary, its composition is mainly formed of judges (9), representatives of President of Azerbaijan, Milli Mejlis (National Assembly), Prosecution, Bar Association. Evaluation of judges` activity, promotion, bringing to disciplinary liability and other issues concerning to their activities were granted to the exceptional authority of the Council.
This establishment had important precedents in France and Italy in the late of the XIX century. Meanwhile, being as self-governance body of judiciary today, it is being applied as an advanced experience, and Azerbaijan specially referenced to this experience.
The essential targets of the novelty were, intensifying independency of judiciary by establishing new body between executive and judiciary powers, perfecting works of courts and government in this area. By attaching special significance to the activity of the Judicial-Legal Council which has been established since February of 2005 year, it was supplied with new building, technical and up-to-date IT, pursuant to the relevant Decree of the President.
Expedient measures were carried out in past period of time by the Judicial-Legal Council, on modernization of administration of courts, evaluation of judges` works and arrangement of their trainings according to present-day requirements, strengthen of executive and labor discipline, realization of relevant measures against law-abusement, red-tape and other negative cases.
With the purpose of providing transparency and glasnost, invitation of judges and delegates of other legal entities, representatives of human rights organizations and mass media, to the meetings of the Council become regularly, as well as broad web-site, that runs in interactive environment, was given to the utilization.
- When we glance at recent years, we see fundamental reforms in judiciary. It will be interesting to hear your opinion about motives and necessity of stipulation of these factors.
- First of all, increasing independency of judiciary and more guaranteed protection of human rights stay on the basis of all realized reforms.
In this connection, basic analysis was carried out by the Judicial-Legal Council, measures identified for simplification of peoples` means to apply to courts, as well as modernization of judiciary. Causes, which generate current shortcomings, problems, and necessity in establishment of new courts, have been learned.
It is obvious, one of the negative effects on judicial inquiry is overloading of judges. Researches show that, considerations by judges have been risen up, in comparison with 2000 year. In addition, Azerbaijan characterized among member states of Council of Europe with minimal indicators, like, 4 judges compared to 100 000 men. In this connection, by summarizing results, the survey was hold among all judges of the country in order to define normal working load of judges, the number of necessary judge staff in courts was concreted according to international experience and information of the European Commission for the Efficiency of Justice, so these issues was broadly discussed in meetings of the Judicial-Legal Council.
The assigned in 2006 year decrees of the President of Azerbaijan Republic Mr. Ilham Aliyev, on modernization of judicial system, was new stage in perfection of activity of judiciary. With the aim of simplifying peoples` means to apply to courts, as well as developing legal institutes in regions, new courts have been established – 5 new regional appeal courts and 3 local economic courts that cover all regions of the country, instead of terminated Azerbaijan Appeal and Azerbaijan Economic courts. By defining common system of appeal courts, chamber on Economic Dispute Cases was established in each court. As a result of intensive work, new buildings have been given to utilization of newly established courts in short period of time, their material support has been provided, apparatus has been formed, and at conclusion, courts become active after appointment of new experienced judges.
As a consequence of rise in the number of judge staff, the numbers of judges in the Supreme Courts were raised from 23 to 38, by rising 2 times in appeal courts from 49 to 106 judges. Although, in 2007 year in Baku city district courts were 45 judges, now the number has been multiplied in 2 times as 87. The number of judges in other districts and cities of the Republic have also become many.
On the whole, the number of judge staff was raised till 50 percents, apparatus 60 percents, and by considering of overload and international practice, each judge has been attached by an assistant.
All of these, have created broad opportunities for peoples to apply to courts more easily, at the same time, it improved judges` overload, red-tape, also other infringements, and consideration of the cases by judges become more effectively.
- Apparently, many are depends on professionalism of judges, their personal background, sense of responsibility. As we know, judges` activities have been evaluated by the Judicial-legal Council, and other measures were realized in order to increase their sense of responsibility.
- As you know, forming of the judiciary as influential and independent establishment is much depends on its actors – judges. Just, according to the manners of judges, man is equipped with ideas of justice of law, courts, and government. Judges turn the laws into reality, they influence peoples` ideas on justice and rule of law.
Profession of judge is very honorable, at the same time demands special responsibility from its actor. To stay on that pick, demands much volition and selflessness from its man. To obey provisions of law, provide moral and educational impact of judge work, avoid from acts that harm justice, to be fair and impartial, are principle lines of the judge profession.
Judge should show his exemplary attitude, impartiality and fairness with his always unbiased position, try to escalade trust towards him and the state that he represents, and refrain from situations which can negatively affect to pronounce of his judgment.
Within the frame of improving judicial system activity, these requirements are specially paid attention, consistent measures are carried out on dismissal of such judges which infringes law and really cause displeasure of citizens.
The activity of all judge staffs were completely evaluated in 2007 year by the Judicial-legal Council, every judge was approached personally at that time, meanwhile, during evaluation their knowledge and professionalism, personal background, careful attitude towards people were mainly paid attention.
I would like to note that, according to outcome of researches on evaluation of judges activity, 38 judges` authority were terminated due to shortcomings in their jobs, and this is the 12 percents of whole number of judges at that time. From 11 presidents of Baku city district courts, 8 were not appointed to their previous posts again, and 2 presidents` authority were terminated. On the whole, staffs of all courts were fully renewed.
In former times, bringing of the judges to the disciplinary liability was being realized by disciplinary chamber of the Supreme Court. Realization of such competence by higher instance court, of course, created conditions for occurring of corporative relations, consequently, it reduced effectiveness of disciplinary measures.
In this connection, procedure of bringing judges to disciplinary liability has been reviewed, and this item was given to the exclusive authority of the Judicial-Legal Council. By rising the number of subjects, who can apply for commencing disciplinary liability against judges, these competences was granted to the authority of the President of the Supreme Court and the Minister of Justice, and this competence also was granted to the presidents of the appeal courts, the right of lodging to the Council by physical persons and legal bodies, who have information about commitment of corruption offence by judges, also fixed in the legislation.
Within defining these procedures, special attention was paid to providing of independency of judiciary. The Judicial-Legal Council enters a decision on commencing disciplinary proceeding, if in the application will be unavoidable grounds for commencing disciplinary procedure. Inquiry directed against a judge shall be committed only by judge member of the Judicial-Legal Council. During 3-month inquiry period the judge whom the proceeding is commenced is introduced with all briefs and evidences, his evidences are heard, and detailed report is prepared for meeting of the Council.
The judge`s resort to the help of defender or judge colleague for defense against commenced disciplinary proceeding, his objection against member of the Council, participation of judge member of the Council in the voting, fixing of the judge`s right of appeal to the Plenary Board of the Supreme Court on adopted decision, creates supplementary atmosphere for objectivity of disciplinary proceeding.
During the past time, the Judicial-Legal Council adopted decisions on pre-termination of authorities of 8 judges on disciplinary proceeding, as well as proposed the President to demote 10 judges, and several were awarded disciplinary punishments. Disciplinary proceedings were commenced against 22 judges by the Council last year, due to serious commitment of the law violations, 2 court presidents of Ganja city Kepez District Court and Astara Districts Court were dismissed from their posts.
At the same time, commenced disciplinary proceedings do not always come to result with disciplinary punishments. If there is no violation within the work of judge, proceeding is ought to be terminated. So that, 18 disciplinary proceedings against judges were terminated on this ground.
- We were witnesses of bringing of some judges to grave disciplinary liability, because of, violation of provisions of law, due to selection of an arrest as preventive punishment against people.
- You are right. As we mention, after restoration of independency of the country, ensuring of the human rights became the essence of the judicial reforms. So, Azerbaijan was one of the pioneers on giving the competence of selection of an arrest as preventive punishment, to the courts.
Philosophy of the progressive reform is selection of such measure, which limits fundamental rights and freedoms, not by public prosecution, but only by independent judge.
However, genuine right of defense, and supervision on activity of criminal investigation body in this field, must be provided in that case.
Of course, significant international treaties on human rights, also European Convention on Human Rights, precedents of European Court, recommendations of Committee of Ministers of Council of Europe requires to approach to the issue with tactfulness, and informs that, implementation of the arrest must be realized, if there is no alternative measures. However, in discussions held in Plenary Board of the Supreme Court on “Situation of selection of an arrest as preventive punishment and its prolongation”, there were discovered law violations in this field.
According to the commenced disciplinary proceedings by the Judicial-Legal Council, it was brought to light that the court supervision have not been realized by several judges effectively, and this issue was approached formally during selection of an arrest as preventive punishment, as the severest measure. Some judges had to approached to this serious problem concerning to human rights with sensefulness, instead of violation of elementary provisions of law in this field.
Certainly, we can`t turn a blind eye to such cases. So, it is decided to propose the President of Azerbaijan by the Judicial-Legal Council for pre-termination of authorities of 3 judges who committed such violations, for transferring of 2 judges from their post, and 9 judges have been reproved, in addition.
Meanwhile, you shouldn`t image that the Council only evaluates the judges` law violations. During past time, according to references of the Judicial-Legal Council, 21 judges were awarded state prizes due to effective serving in judicial system, 20 judges were awarded prizes due to effective serving, by the Council.
- One of the serious factor of judges` being objective and impartial, considering the cases with quality, also providing their independence, is selection procedure of judges.
- In this respect, defining of the selection rules of candidates to judge posts in Azerbaijan according to the most progressive and transparent methods in Europe, pursuant to new legislation is worth of esteem.
Intensive discussion have been carried out for preparation of new rules on selection of candidates to judge posts, and consequently, today applied selection rules after drafting and expertise in Council of Europe, approved by the Judicial-Legal Council, and new independent establishment – the Judges Selection Committee become functioning.
The selection process consists of sets of examinations and interviews, as well as long-term training courses and probations for preparation of the candidates to the judicial posts.
According to the new rules, for the aim of providing transparency and objectivity, test and written examinations of the candidates are held in a single hall. All phases of the examination process are being carried out in presence of the candidates. At the same time, oral examination is carried out according to the rules and international practice, for determining ability of fluent expressing of their minds, ability of making logical conclusions, general outlook, beside candidates` knowledge.
Tens of representatives of local and international organizations, embassies, who were participated in both in test, written, and in oral stages, told positive references on transparency and objectivity judges’ selection procedure, and this process were evaluated by them as the most progressive, among member state of Council of Europe, but important thing for us is arising of idea of fairness in society.
Persons, who have succeeded in multi-phase exams, have been drawn into the long-term training courses for the first time. Special attention is paid to the getting of necessary knowledge and professional skills by the candidates, by utilizing modern educational methods during courses, and human rights, struggling against corruption, judicial deontology, judge`s behavior, administration of courts and other topics are taught by prominent international experts, also candidates pass probations in courts.
I want to note that, in the examinations that are being carried out since 2005 year, till 1800 persons have run their candidacy. 157 of them have been appointed to the judicial posts. Certainly, such requirements are obvious for the candidates. Because, they are not only applying laws, but also settle the man’s fate.
At present, more than half of the all first instance courts judge staff is staffed with newly appointed judges, which are selected according to the new rules.
At the same time, taking into account in need of judge staff, selection of the candidates was launched in 2009 year, 80 men that passed examination, were drawn into 2009-2010 years long-term training courses. In the courses, which were arranged in Justice Academy, judges of high instance courts, notable scientists, experienced a knowledge persons, prominent foreign experts held lectures, also like previous years, their passing probation abroad is arranged.
- Regular improvement of professional skills of judges is playing important role in their activity. The Judicial-Legal Council has some duties on its shoulders in this field.
- By taking into account importance of judges` training towards its improvement and eliminating judicial omissions, international practice was learned by the Judicial-Legal Council, and the work in this field restructured according to the recommendations of the Consultative Council of European Judges.
As, while drafting the training program judges are being surveyed, fields and themes in which judges need of, are being learned, and program in different fields is being drawn up according to their needs. One of guarantees of judges` independency is selection of the intended program schedule at their will.
I have to mention that, 17 training programs have been drawn up by the Judicial-Legal Council in 2009 year on different vital topics, and all judges of 1st instance courts were drawn into trainings, that are being lead by experienced foreign experts, according to the programs.
Special attention is paid to the coaching of professional lecturer staff during trainings, reprobation measures, exchange arrangements are organized for lecturer staff. Taking into account effect of regular and organized improvement of judges` skills on improvement of justice, by amendment made in charter of the Justice Academy by the President, significant duties were put on the Academy in field of training of judges and candidates. In this connection, works are being carried out in field of development of judges` training, also productive associating of activities of the Judicial-Legal Council and the Justice Academy are being continued.
- Mr.Mammadov, by the way, sometimes judgments of European Courts against Azerbaijan are related with low-standard of knowledge of our judges on European Convention on Human Rights and its precedents.
- It is true. For instance, last year 7 judgments passed against Azerbaijan by the European Court. Of course, all of us want the number of such judgments be few, and protection of human rights by local courts would be more desirable.
The jurisdiction of the European Courts came to effect in Azerbaijan from April of 2002 year. In this connection, the special significance paid to the learning and implementation of precedents of the European Court on Human Rights, on improvement of judicial activity. Ranges of training are being held by presence of famous experts, for this purpose, Azerbaijan related judgments and other judgments of the Court are being distributed among judges widely.
By discussing this theme in Plenary Board of the Supreme Court, attentions of all courts have been focused on implementation of case law of the European Court, and relevant recommendations have been given.
Conferences and courses, wide seminars on implementation problems of the Convention in the Supreme Court, in regions, special trainings within the frame of cooperation with Council of Europe, are being carried out for judges and the candidates, by active participation of judges of the European Court on Human Rights,
Taking into account the effectiveness of meetings with judges of the European Court, 5 judges, also the President of the Court, Mr. Jean-Paul Costa made speeches in front of our judges, and rational interchange of opinions were done. All these works created condition of widely implementation of the European Convention and precedents of European Court by judges.
Much to my regret, sometimes the judgments of the European Court are used in evaluation of our judicial system. I consider that, judgments of the European Court, first of all, should be utilized for improvement of the judicial system, on behalf of reliable guarantee of human rights.
I have to note that, even if the European Court passed 7 judgments against Azerbaijan in 2009 year, against Bulgaria (population is fewer than ours) the number of judgments are 63, against Moldova are 30 judgments, against Slovakia are 39 judgments.
Numbers of judgments against Austria, whose population is approximately equal to ours, as well as Georgia, are higher than our county in twice. Generally, average indicator of such judgments in Europe for every 10,000 men is more than twice higher than Azerbaijan in comparison. But this shouldn`t make us light-heartedness, learning and implementation of the European Convention and the Court precedents, should be resolvedly continued on behalf of development of our judicial system.
- Within improvement of justice, many depend on material and technical supply, working conditions…
- One of the most important issues faced, are modernization of judicial system in whole, and providing widely usage of new technologies in administration of courts.
For some past time, till 40 court buildings have been erected and generally overhauled, with the purpose of carrying out court proceedings with quality, and improving working condition of judges. Also, prominent international organizations, as well as financial institutions, which see the progressive character of judicial-legal reforms, show great interest in this field, and realization of joint-project by name “Modernization of Justice sector” have been launched together with World Bank.
Within the confines of intensive continued project, erection of modern buildings for some appeal and 1st instance courts, strengthen of capability of judicial and justice bodies, simplification of document circulation and information exchange by creating single E-Net, have been taken into consideration.
One of the most important events of the previous year in the activity of judicial system was approval of Government Program of development of Azerbaijan justice by President, Mr. Ilham Aliev.
Within the frames of the Government Program, convenient plot of land fenced off with the purpose of erecting new buildings for courts of Baku and regions, and with the aim of arranging up-to-date working process, and creating proper conditions for citizens, projects of court buildings and facilities have been drafted, that meet requirements of international practice.
Probably, this year we will hold ceremonies on lying down of foundations of some courts.
Undoubtly, the mentionable event in this sphere was utilization of new building of the Supreme Court, which was constructed pursuant to the President`s assignment, and which makes our city more beautiful. Even erection of such genuine Palace of Justice - one of the most grandiose building in Europe, is a great token of the significance which is attached to judiciary in Azerbaijan. The President of Azerbaijan, Mr. Ilham Aliev took part in opening ceremony of the magnificent building, and was familiar with created top working condition, and with IT resources.
Development of judges` material maintenance has not been taken no notice of. In comparison with 2000 year, salaries of judges have been raised up 25 times, and this issue is always on the focus of attention.
- Mr. Mammadov how can the results of measures on improvement of efficiency of justice be evaluated?!
- Due to simplification of means of lodging to courts, and winning of the confidence of peoples, the number of appeals to the courts on civil and economical cases increased in 23,5 percents in 2008 year, 17 percents in 2009 year. At the same time, the increased number of fulfilled demands became 92 percents.
On the contrary, decreasing in the number of appeal petitions, against judgments and verdicts of 1st instance courts, are indicators of positive inclination. However, 95 percents of judgments, and 94,3 percents of verdicts have been still unchangeable.
The number of civil cases that proceeded in appeal courts have been increased in 7 percents, the number of men whom against criminal trail proceeded have been decreased in 2,1 percents. At the same time, cassational petitions, both on civil cases and on criminal cases become fewer, as well as, latter become decreased in 24 percents.
Also, the number of judgments on civil cases that proceeded in appeal instance have been unchanged, as 88,6 percents, as well in criminal proceeding the quantity are 94,5 percents.
Decreasing in the number of citizens` applying to the higher instance courts on issues of lower instance courts is indicator of correct implementation of legislation, in comparison with previous years.
Ethical behavior of judges plays special role on improvement of judicial activity. Ethical Behavior Code was adopted by the Judicial-Legal Council, which regulates specific ethical requirements towards judges, as well as, issues on etiquette, their behavior out of work, and defines their approach to the profession. At the same time, starting implementation of new, progressive rules on running of office-work, affected the efficiency of justice positively.
- Will it be true to say that, measures on improvement of judicial system has been come to an end?!
- Absolutely no. I think, this process is going to be realized until perfect and productive judicial system will be formed. Even the most developed states avoid of boasting of activity of own judicial systems, and they are always carrying out reforms on improvement of it.
Even today, measures on improvement of judicial system are being continued in Azerbaijan. As you know, Administrative Procedure Law, also Administrative Procedure Code (2009) were adopted, with the purpose of providing obeyance of public bodies to human rights, and it has been already planned of functioning of administrative courts this year.
In this connection, the proposal is being prepared on courts location, jurisdiction, number of judges, also other organizational issues of those courts. So, it has been already started intensive training courses with candidates and relevant judges on administrative procedure since 2009 year.
Special attention is paid on learning of international practice in this field. Following the results of negotiations with Turkey Academy of Justice, 2-week training courses were arranged for all 80 candidates in December of 2009 year, on administrative procedure and probations in administrative courts. Additionally, a large group of judges, as well as presidents of local economic and appeal courts were familiar with work of administrative courts, during the visit to Germany. Simultaneously, it is planned to carry out measures on activity, jurisdiction, number of judge, and so forth, of specialized courts.
- We are so thankful to You for your time and sharing with valuable thoughts, Mr.Mammadov, and more power to your elbow within realization of judicial reforms towards ensuring of human rights.
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