It is impossible to change the justice system by one decree, expert
2017 February 15 ( Wednesday ) 17:38:00
The reforms in the justice sector and humanization of punishment is impossible without reform of the entire political system, said the independent expert in the field of law Khalid Bagirov in an interview with "Cətin Sual" (Difficult Question) of Turan agency, commenting on Ilham Aliyev's decree on the establishment of a probation service.
He recalled that some time Aliyev issued a decree on the establishment of "e-courts", suggesting maintenance of electronic circulation of documents in courts, video hearings. However, nothing of the sort has been made, despite persistent calls of advocates.
The decree of the President stated inefficient use of alternatives to prison sentences conclusions. However, the reasons of the problem have not been analyzed. The fight against crime is not only to punish violations of the law, but also the identification of the social causes of crime. In addition, many problems are due to absence of independence of the court and even in the president's decre there are direct orders to the judiciary.
In recent years, the authorities are restricting freedoms in the legislation and the tightening of sanctions for violation of these laws. In particular, penalties for defamation, for violating the rules of holding mass meetings and others have been toughened.
Another trend was the increased penalties for political activists. If five years ago, activists were charged under the Article 234.1 (illegal possession of drugs), in 2013 the authorities began to apply more serious Article 234.4.3 (drug trafficking on a large scale), which is facing a prison from 5 to 12 years. Previously, for participating in unsanctioned rallies people were charged under the Article "violation of public order", but now under more serious Article,"organizing and participating in mass riots," said Bagirov.
He also noted the need to improve the infrastructure of penitentiary institutions, which were built in the Soviet time. Some are located in non-habitable areas, particularly near the quarries in Gizildash and Put. There are not enough toilets in prisons. There are some jails with one toilet for 150-200 people, while a standard is to be one for 20 people.
As for the probation service, it will be engaged in the execution of criminal penalties not involving deprivation of liberty - probation, fines, community service, serving a sentence in a penal jail.
Referring to the paragraph about bringing prisoners to work, Bagirov expressed concern that it could lead to the restoration of the Soviet system of forced labor.
Bagirov said that the current prison system does not provide justification of the convicted and went to prison for the first time and have committed offenses not intentionally, and people who do not commit deliberate crimes become "criminalized" in jails, and then return to the places of detention. -B06-