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Azerbaijan rejects trial by jury Azerbaijan rejects trial by jury
(2 months later)
After toying with the idea of introducing jury trials, the Azerbaijani government has now dropped the initiative altogether.After toying with the idea of introducing jury trials, the Azerbaijani government has now dropped the initiative altogether.
The country, which chairs the Committee of Ministers of the Council of Europe, the continent’s main human rights body, has been debating whether to introduce jury service. Supporters of the government, which reached a decision last week, say lay citizens do not have adequate knowledge in matters of law to perform jury service. Critics counter that the government does not want to let go of its grip on the judiciary system.The country, which chairs the Committee of Ministers of the Council of Europe, the continent’s main human rights body, has been debating whether to introduce jury service. Supporters of the government, which reached a decision last week, say lay citizens do not have adequate knowledge in matters of law to perform jury service. Critics counter that the government does not want to let go of its grip on the judiciary system.
MP Ali Huseynli, representing the ruling Yeni Azerbaijan Party, said he sees jury systems as a Western phenomenon that would not work in this former Soviet republic.MP Ali Huseynli, representing the ruling Yeni Azerbaijan Party, said he sees jury systems as a Western phenomenon that would not work in this former Soviet republic.
“Jurors are mainly people who do not have a law education and, therefore, often they cannot make legal judgments,” Huseynli said as he and his fellow lawmakers axed the jury amendment from a bill on courts and judges. “Jurors are mainly people who do not have a law education and, therefore, often they cannot make legal judgments,” Huseynli said as he and his fellow lawmakers axed the jury amendment from a bill on courts and judges.
Prosecutors, he added, had also advised against introducing the jury system.Prosecutors, he added, had also advised against introducing the jury system.
Critics say the real issue is that juries and jurors would mean more work for prosecutors and more independence for courts. Critics say the real issue is that juries and jurors would mean more work for prosecutors and more independence for courts.
“The practice [of jury trials] would have ended politically motivated prosecutions of citizens on fabricated charges,” lawyer Namizad Safarov told Contact.az. “The practice [of jury trials] would have ended politically motivated prosecutions of citizens on fabricated charges,” lawyer Namizad Safarov told Contact.az.
The jury-system proposal stemmed from the influence of international organisations, he added, calling the decision to ditch the amendment “another step away from democracy.”The jury-system proposal stemmed from the influence of international organisations, he added, calling the decision to ditch the amendment “another step away from democracy.”
Azerbaijan has a dismal reputation for prosecuting public dissenters, especially journalists and activists. This year alone has seen a flurry of arrests and sentences that human rights groups describe as reprisals for defying the government of President Ilham Aliyev.Azerbaijan has a dismal reputation for prosecuting public dissenters, especially journalists and activists. This year alone has seen a flurry of arrests and sentences that human rights groups describe as reprisals for defying the government of President Ilham Aliyev.
The government says it has reformed the judicial system over the past 20 years, and lists the introduction of a "multi-stage" selection process for judges as an example of this.The government says it has reformed the judicial system over the past 20 years, and lists the introduction of a "multi-stage" selection process for judges as an example of this.
Azerbaijan is not the only South Caucasus country without trials by jury. Armenia’s general prosecutor and Constitutional Court chairperson both think it would not work for the Armenian judicial system, according to Armenpress. Georgia rolled out jury trials in 2011, but with a restricted scope of application.Azerbaijan is not the only South Caucasus country without trials by jury. Armenia’s general prosecutor and Constitutional Court chairperson both think it would not work for the Armenian judicial system, according to Armenpress. Georgia rolled out jury trials in 2011, but with a restricted scope of application.