Azərbaycan Respublikası Ali Məhkəməsi

Plenum of the supreme court 03.11.2009
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    THE INFORMATION ON THE PLENUM OF THE SUPREME COURT OF THE AZERBAIJAN REPUBLIC
            
    On November, 3, 2009 the next Plenum session under the chairmanship of Mr. Ramiz Rzayev was held at the Supreme Court of the Azerbaijan Republic.
          
    Opening Plenum session, the Chairman of the Supreme Court Mr. Ramiz Rzayev spoke about the actions carried out for improvement and modernization of judicial system, about forthcoming duties in connection with implementation of appropriate decrees of the President of the Azerbaijan Republic Mr. Ilham Aliyev. It was also noted that the enhancement of level of protection of human and citizen rights and freedom was the result of high attention of the state to the human factor.
          
    The theme “About the practice of the application by courts of the jurisdiction when considering the cases about the selection of the measure of restraint such as taking the accused into custody” was discussed on Plenum. The judge of the Supreme Court Mr. Muzaffar Agazadeh made a report on this topic.
          
    Speakers also noted that the establishment of a new institution – institution on judicial supervision, for the purpose of maintenance of legality of the decisions accepted by investigation bodies, and also for more intensified protection of human rights and freedom, had justified itself in practice. At the same time it was noted that judicial supervision does not meet to some requirements of the law and the European Court in cases of abridgment of human rights and freedom by initial bodies of preliminary investigation of some courts. Basically it is shown in matters on selection of the measure of restraint such as taking into custody of the criminally liable persons.
         
    As a result of a discussed issue “About the practice of the application by courts of the jurisdiction when considering the cases about the selection of the measure of restraint such as taking the accused into custody”, Plenum of the Supreme Court made a recommendatory decision.
          
    The second question which was discussed on Plenum, was connected with process of realization of justice in the Grave Crimes Court of the Azerbaijan Republic.
          
    The Chairman of the Grave Crimes Court of the Azerbaijan Republic, Mr. Mahmud Nabiyev and the Judge of the Supreme Court of the Azerbaijan Republic, Mr. Shahin Yusifov have made reports on this issue at the session of Plenum.
          
    The questions, concerning the practice of appointment of punishments to the accused whose proceedings are considered by judges of the Grave Crimes Court of the Azerbaijan Republic, changes or liquidations of decisions of the given Court by Courts of Higher Instances also were discussed on the Plenum. It was also noted that the right to a safe life is an inalienable right of the person, and also a component of its human freedom. The right to a safe life means the ensuring people’s safety from any attempts on their freedom and immunity, and punishment of the persons, who are accused in unlawful actions. It was also noted, that in the activity of the Grave Crimes Court in sphere of protection person’s life, health, rights and freedom, along with the positive aspects a number of faults had been revealed.
          
    Plenum also considered concrete civil cases.
     
    Plenum made corresponding decisions on discussed questions and considered civil cases.
     
    The Chairman of judicial-legal Council, the Minister of Justice Mr. Fikret Mamedov, the Attorney-General Mr. Zakir Garalov, the Head of Department on work with law secure bodies of Presidential Administration Mr. Fuad Alasgarov took part in the work of Plenum session.
     

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