The 3rd Panel of the II Forum of Judges Concludes with Discussions

Within the framework of the Second Forum of Azerbaijani Judges held in Baku, the third panel discussion on the topic “Current Issues and Modern Challenges of Criminal Justice Proceedings” took place.

Speaking at the panel, Rashad Abdulov, judge of the Criminal Chamber of the Supreme Court, stated that criminal proceedings require serious professionalism and a high level of responsibility at every stage. According to him, the measure of this responsibility is actually simple for judges: society does not evaluate the legal construction of court decisions, but only their outcome. For citizens, the main criterion is whether justice has been delivered. Where justice exists, the court is strong; where it does not, even the most perfect and flawless court decision cannot restore public trust.

Chairman of the Criminal Chamber Hafiz Nasibov noted in his speech that the results of criminal proceedings can inspire trust among both the participants in the process and society only when evidence is obtained in accordance with procedures established by law and is assessed objectively. According to him, achieving the objectives of criminal prosecution is directly related to full respect for the rights of the parties. He emphasized that the step-by-step structure of the criminal process is not accidental, and each subsequent stage acts as a legal filter preventing violations committed in previous stages. The purpose of this mechanism is to prevent investigative actions carried out with violations and unlawfully obtained evidence from proceeding to later stages of the process.

Vugar Aliyev, Chief of the Department for the Coordination of Special Confiscation Issues at the Prosecutor General’s Office, stated that compensation for damage and the protection of legally protected interests of individuals and legal entities are among the priority directions of law enforcement policy in the country. The department works effectively to identify criminal assets based on investigators’ requests in order to ensure compensation for damage caused in criminal cases under investigation. Assigning the task of detecting assets to a specialized unit of the prosecutor’s office has increased efficiency in this area. As a result, the number of assets identified in criminal cases has significantly increased. At the same time, investigators, being relieved from the additional workload of identifying assets, have been able to perform other procedural duties more effectively. It was also noted that the prosecutor’s office cooperates effectively with international organizations engaged in asset recovery. Progressive international practices are being studied in order to implement other types of confiscation that have proven successful in practice into national legislation.

Abulfat Rzayev, Chief of the Main Organized Crime Department of the Ministry of Internal Affairs, stated that at all stages of criminal proceedings, especially during the preliminary investigation, obtaining and assessing evidence on a lawful basis is of great importance in ensuring the rights of the parties. According to him, after the completion of the preliminary investigation, participants in the process must be given the opportunity to familiarize themselves with the case materials, while the safety of witnesses and persons involved in operational measures must be taken into account. It was noted that disclosure of information about individuals involved in operational-search activities in materials provided to participants of the criminal process could create serious risks.

Deputy Chief of the Penitentiary Service of the Ministry of Justice, Ogtay Mammadov, stated that the rights and privileges of convicted and detained persons in penitentiary institutions are being expanded, while detention conditions, food provision, and medical services are being improved. New innovative technologies are being introduced in management and organization, modernization is being carried out in accordance with international standards, and other consistent measures are being implemented. In addition, modern online court systems have been installed and put into operation in all pre-trial detention centers and penitentiary institutions to reduce risks during the escort of detainees and to ensure their prompt participation in court hearings. Appropriate conditions have also been created for representatives of international organizations and local civil society institutions to visit penitentiary facilities in order to monitor detention conditions and observe the rehabilitation process of inmates.

Member of the Presidium of the Bar Association, Ilhama Hasanova, stated that the failure to effectively ensure the right to defense at the initial stage of criminal prosecution creates serious problems. According to her, questioning individuals as witnesses without legal protection and later using those statements as evidence is unacceptable. The right to defense must arise not from formal status but from the actual situation. She also emphasized that the practical automatization of detention as a preventive measure and the insufficient application of alternative preventive measures in serious and especially serious crimes do not comply with the principle of individualization. It was noted that effective protection of the right to defense is a fundamental condition for the fairness of criminal justice, and strengthening institutional approaches in this area is necessary.