OSCE and Azerbaijani authorities agree on co-operation following report on trial monitoring

WARSAW/BAKU, 4 February 2005 - The OSCE and Azerbaijani authorities have agreed to increase their co-operation on judicial and legal reform during a visit by Ambassador Christian Strohal, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), to Baku on 3 and 4 February.

The main aim of the visit was to discuss a report on trial monitoring in Azerbaijan 2003-2004, prepared by the OSCE/ODIHR and the OSCE Office in Baku.

"This report has identified a number of weaknesses that need to be addressed," said Ambassador Christian Strohal. "We are therefore very pleased to have agreed with the Azerbaijani authorities that we will provide our expertise to develop meaningful remedies. This is the first report of an ongoing co-operation of Azerbaijani and international experts".

The report concludes that while Azerbaijan's laws include the rights required for a fair trial in compliance with international standards, actual legal proceedings are not always conducted in a manner that guarantees their full implementation. It calls on the authorities to take steps to remedy deficiencies observed in trials and to investigate all allegations of torture and ill-treatment.

One hundred and twenty-five trials were observed from November 2003 to November 2004 to assess their compliance with national law and international obligations. The report concludes that some of the trials fell well short of OSCE and other international standards. These include the right to legal counsel, the right to an impartial and independent tribunal, the right to a fair hearing and the right to a reasoned judgment.

Observers also found that law enforcement officials sometimes used excessive force in making arrests and that the rights of persons in detention were not adequately protected. Of particular concern were extensive, credible allegations of torture and ill-treatment of detainees and the fact that courts accepted evidence said to have been derived through torture and coercion.

Ambassador Maurizio Pavesi, Head of the OSCE office in Baku, urged the authorities to undertake a prompt and wide-ranging investigation of all allegations of torture and mistreatment, as well as an investigation of the use of excessive use of force. "Since many of the cases in question are still under appeal, there remains an opportunity for the appellate courts to remedy the deficiencies of the trials," he said.

The report calls on the appropriate authorities to take immediate action in light of the shortcomings it identifies. It lists a number of recommendations, for instance increasing the number of defence lawyers.

The programme involved training 21 national trial monitors, who then observed all 125 cases in question. In addition an international observer monitored the final set of trials.