2017 October 24 ( Tuesday ) 18:24:34
- Armenia illegally inhabits occupied lands by Syrian Armenians
- EBRD loan for Azerbaijan lost opportunity - HRW
- US applauds gender efforts in Azerbaijan
- Gubad Ibadoglu: The use of fines and sanctions by a third party is not provided by law
- Court rejected house arrest for A.Nuruzade
Baku / 24.10.17 / Turan: At the High-level Meeting on Migration and Refugees in the framework of the OSCE Conference on Strengthening Security in the Mediterranean the Foreign Minister Elmar Mammadyarov announced the illegal resettlement of Syrian refugees to the occupied territories of Azerbaijan. Mammadyarov said, that Armenia violates international humanitarian law, in particular the Fourth Geneva Convention of 1949, settling Armenians from Syria in the occupied territories of Azerbaijan. The Azerbaijani minister stressed that this is a clear demonstration of Armenia's use of human suffering for the realization of illegal goals.
In his opinion, the policy pursued by Armenia in the occupied lands is conducted with the intention to change the economic, cultural and demographic character of the occupied territories. Armenia seeks to annex annexed lands and prevent the return of the Azerbaijani population to their homes.
The Minister recalled that the European Court of Human Rights in the decision on the case "Chiragov and Others Against Armenia" confirmed the right of forced migrants to return to their homes.
In addition, the negotiations within the framework of the OSCE Minsk Group recognized the absence of any legal grounds for interference in the rights of internally displaced persons.
Thus, the transfer of property rights in the occupied territories to other persons is illegal from the standpoint of international law is illegal. -06D-
Baku / 24.10.17 / Turan: Amelia Neumayer,an employee for the business and g human rights, Human Rights Watch (HRW), said that the allocation of a loan from the EBRD for the construction of a gas pipeline to Europe was a missed opportunity to influence the necessary reforms in Azerbaijan.
In the article "Azerbaijan received a loan of 500 million US dollars for gas transportation", posted on the website of HRW, Neumayer notes that the EBRD could use the issue of a loan to promote reforms as a leverage, but missed this opportunity.
The bank decided to lend, although the International Extractive Industries Transparency Initiative (EITI) recently suspended activities of Azerbaijan, because the government did not stop fighting with civil society groups. And this decision was supported by the EBRD.
The bank's decision was expected earlier this year, but was postponed when Azerbaijan was removed from the EITI in March, and then stopped work. The EITI is a coalition of governments, corporations and independent groups that promotes better governance of resource-rich countries by encouraging open public debate about how oil, gas, and mining revenues are used.
The EBRD endorsed this EITI decision and is the only multilateral development bank that has a political mandate that includes the principles of "multi-party democracy and pluralism". The bank knew that this was happening, at least, since 2014, when its country strategy for Azerbaijan clearly recognized the bad reputation of Azerbaijan in the implementation of its obligations in the field of human rights.
The author of the article with skepticism perceives the EBRD's statement that Azerbaijan will continue to adhere to the principles of transparency similar to the EITI: "This is difficult to understand, given the suppression of civil society and new allegations of mass corruption. The bank's decision was made a few weeks after the Guardian reported on the investigation, according to which for two years Azerbaijan used 2.9 billion dollars to bribe European politicians, including to bleach the report on human rights. " -0-
The conference "Creating an Effective Response Mechanism for Combating Domestic Violence in Azerbaijan", which was held in Baku, positively assessed the government's efforts in combating gender violence. "I want to applaud the government of Azerbaijan for its efforts to resolve this issue. An important achievement is the adoption of the Law on the Prevention of Domestic Violence," said William Gill, Deputy Head of the Mission of the US Embassy, expressing the hope that through joint efforts to resolve this issue an effective national referral mechanism will be created to prevent and respond to gender-based violence.
The conference was an important milestone in the program "Combating gender violence in Azerbaijan" (GBV), funded by USAID and the United Nations Population Fund (UNFPA). The GBV Program aims to support the development of an inter-agency coordination mechanism for the prevention and response to the gender dimensions of violence in Azerbaijan.
"It is commendable that the Azerbaijani government is determined to ensure full protection of women from all forms of violence. The adoption of the Domestic Violence Prevention Act in 2010 confirms that domestic violence cases will no longer be allowed as issues of internal family affairs, "said UN Resident Coordinator and UNFPA Representative in Azerbaijan Ghulam Ishakzai.
He also noted the need for legal reforms to be accompanied by an effective prevention and transfer mechanism to provide assistance to victims of violence.
Chairperson of the State Committee for Family, Women and Children Affairs, Hijran Huseynova, reported on the preparation of the drafts of the National Action Plan to Combat Domestic Violence and Family Strategies, which cover the areas of struggle against selective abortions, early marriages and domestic violence.
At the same time, she noted the importance of implementing laws in the gender field. In this context, she noted that the judges, when making decisions, should also refer to international legal acts, in addition to the national legislation, to which Azerbaijan joined.
During the conference, representatives of various government agencies and NGOs discussed the negative impact of gender violence on society. Earlier this month, the GBV program also launched an online database that systematically collects data from different regions, which allows the use of an evidence-based intervention strategy to combat gender-based violence. -0--
Baku/24.10.17/Turan: The participation of the Presidential Administration of Azerbaijan in the use of fines and sanctions is not provided by law, Gubad Ibadoglu, Doctor of Economic Sciences, said. He stated the illegality of transferring part of the proceeds from the use of fines by various structures to the accounts of the services providing the activities of the head of state. In particular, on May 1, 2017, the President issued a decree "On Additional Measures to Strengthen Social Protection of Civil Servants in the Presidential Administration, the Presidential Administration and the President's Special Medical Service." According to the decree, a part of fines exacted by different bodies should be used for the above purposes.
"In its economic essence, all fines and sanctions can be used for two purposes. Penalties and sanctions can be divided between the budget and state agencies that carry out these services legal actions. Fines and other forced payments have a dual function: fiscal and incentive. According to the fiscal function, most of the fines and forced payments should be directed to the budget. As for the incentive function, some of the fines and coercive payments should be sent to state bodies that carry out legal actions. The participation of a third party is not envisaged here, "Ibadoglu said.
According to him, the use of fines in order to strengthen the social protection of state officials of the Presidential Administration, the President's divisions and the Special Medical Service is contrary to the law "On the Budget System" and the decision of the Cabinet "On Budget Classification". "It seems that this decision was made after the last structural changes in the Office of the President due to the lack of financial sources to increase the salaries of its employees. I think that this is wrong. These funds should be sent to the state budget, and from there centrally distributed. Only in this case, these funds, as budgetary, could be taken by the Presidential Administration, the President's Administration and the Special Medical Service of the President," Ibadoglu said.
According to him, according to the forecast data, the amount of fines and sanctions collected in the next year will exceed 400 million manats. Ibadoglu drew attention to the fact that, according to the President's decree, five percent of the fines collected by the State Traffic Police will be transferred to the disposal of these three structures. It is interesting that 95 percent of the sum remains at the disposal of the "GAI" (City road police) itself and thus nothing enters the state budget.
In the case of the tax authorities, half of the collected penalties are transferred to the state budget, while the other half remains at the disposal of the fiscal department. Five percent of the second part of the fee is now transferred to the administration, managers and special medical service.-03B06-
Baku/24.10.17/Turan: The Narimanov District Court of Baku rejected a petition for the transfer of detained religious activist Ahsan Nuruzade under house arrest, according to his lawyer Yalchin Imanov. He said that Nuruzade rejected accusations and said that he was arrested for active public activities. The defense intends to appeal this decision.
A member of the Movement "Muslim Unity" Ahsan Nuruzade was detained near his house on January 24 this year and arrested for 10 days. Then he was detained again : on October 6, and on the 9th the Narimanov court authorized his arrest for four months on charges of selling drugs.-05B04-