Tuesday, 02 January 2024 12:17 GMT

Azerbaijan's Ombudsman Praises Humanist Penal Policy And New Amnesty Initiative


(MENAFN- AzerNews) Qabil Ashirov Read more

Ensuring human rights and fundamental freedoms is one of the key priorities of state policy in the Republic of Azerbaijan. An important component of this policy is the application of the principles of humanism, compassion and an individualized approach in penal policy. The institutions of pardon and amnesty serve as legal mechanisms embodying these principles, strengthening the rehabilitative purpose of punishment and facilitating the reintegration of convicts into society as reformed individuals.

According to Azernews, these remarks were made by Azerbaijan's Commissioner for Human Rights (Ombudsman), Sabina Aliyeva.

She noted that one of the major legal reforms implemented by National Leader Heydar Aliyev in the field of protecting human rights and freedoms was the humanization of penal policy, particularly in ensuring the right to life, which is enshrined in international legal instruments and national legislation as one of the fundamental natural rights.

As is well known, a de facto moratorium on the application of the death penalty was introduced in Azerbaijan in June 1993. Over the following five years, death sentences imposed on more than 120 individuals convicted of various serious crimes were not carried out. Subsequently, under the Law of February 10, 1998, on Amendments and Additions to the Criminal Code, the Criminal Procedure Code and the Correctional Labor Code in connection with the abolition of the death penalty in the Republic of Azerbaijan, all death sentences were commuted to life imprisonment.

At a time when a number of countries had yet to make a definitive decision on abolishing the death penalty, Azerbaijan's removal of capital punishment from its criminal legislation-the first such step in the East-was widely regarded as a vivid manifestation of a state policy based on the principles of humanism and resonated strongly around the world.

Acts of pardon and amnesty are of particular importance in ensuring the rights to life, liberty and personal inviolability. With constant attention to the humaneness, proportionality and rehabilitative value of punishment, National Leader Heydar Aliyev restored the institution of pardon in the country by signing the first pardon decree in the history of independent Azerbaijan in 1995. As a result, between 1995 and 2003, a total of 3,104 convicts were released from the unserved portion of their sentences under 32 pardon decrees and orders.

The Ombudsman emphasized that, thanks to the initiative of National Leader Heydar Aliyev, the adoption of amnesty acts became a positive tradition in Azerbaijan. As a result of seven amnesty acts adopted on his initiative, more than 77,000 convicts were released and reunited with their families and society.

Remaining committed to the humanist policy laid down by the National Leader, President Ilham Aliyev has successfully continued the practice of signing pardon decrees and initiating the adoption of amnesty acts during his tenure.

It should be noted that between 1995 and 2025, a total of 71 pardon decrees and orders signed first by National Leader Heydar Aliyev and later by President Ilham Aliyev, as well as 12 amnesty acts adopted since 1996, resulted in the release of thousands of convicts from the unserved portions of their sentences.

Four amnesty acts adopted on the initiative of First Vice-President and President of the Heydar Aliyev Foundation Mehriban Aliyeva-put forward during her tenure as a member of parliament-were met with broad public approval, with the most recent act alone leading to the release of 10,000 convicts.

Naturally, the state's consistently pursued policy of humanism has brought great joy to convicts, their family members and loved ones, while also carrying significant educational and moral value for society as a whole.

In line with her mandate, the Commissioner for Human Rights continued active efforts over the past year to protect the rights of persons held in places of detention, review their appeals and ensure an individualized approach. In several cases, applications submitted by the Ombudsman resulted in the use of the pardon mechanism, ensuring that the principles of humanism produced tangible legal outcomes.

“It is a positive development that, as a continuation of Azerbaijan's humanist penal policy, President Ilham Aliyev has put forward an initiative to submit a draft decision on an amnesty act to the Milli Majlis,” Aliyeva said.“The submission of a draft law on the next amnesty to parliament can be regarded as a continuation of the state's consistent and systematic humanist policy. Amnesty acts are not only legal mechanisms but also expressions of social justice, compassion and respect for human dignity.”

She stressed that the initiative comes at a historic stage when Azerbaijan's sovereignty has been fully restored and the supreme legal force of the Constitution is ensured throughout the entire territory of the country, demonstrating the state's strength and legal maturity.

Aliyeva also noted that in recent years, the decriminalization of certain acts, the expansion of alternative punishments and the treatment of deprivation of liberty as a last resort have been among the key directions of legal reforms in Azerbaijan. This approach, she said, is in line with international legal standards and of great importance for the protection of human rights.

As a result of monitoring conducted by the Ombudsman, the review of appeals and correspondence with relevant state bodies, significant progress has been achieved in terms of reuniting pardoned individuals with their families, expanding opportunities for social adaptation and facilitating their reintegration into society. These efforts have also contributed to strengthening legal oversight and transparency within the penitentiary system.

The Ombudsman institution will further intensify its activities within its mandate during the adoption and implementation of the amnesty act to ensure human rights and freedoms, protect the rights of those released from punishment and support their successful reintegration into society.

In conclusion, the submission of a draft law on the next amnesty to the Milli Majlis is a clear example of the Azerbaijani state's commitment to human rights and to policies grounded in legal reforms and humanist values.

“As Azerbaijan's Ombudsman, I assess this initiative by the head of state as an important step toward ensuring human rights and freedoms, humanizing penal policy and fostering the healthy development of society,” Aliyeva said, adding that these steps once again demonstrate that Azerbaijan's legal system prioritizes not only the rule of law but also the protection of human dignity.

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