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LAW OF THE REPUBLIC OF AZERBAIJAN ON COMBATING TERRORISM

The present law establishes the legal and institutional groundwork for counter-terrorism efforts in the Republic of Azerbaijan, coordinates the actions of State agencies engaged in counter-terrorism and sets out the rights and duties of such agencies and of citizens.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts

The following concepts are used in this Law:

Article 2. Legislation in combating terrorism

The legislation on combating terrorism consists of the Constitution of the Republic of Azerbaijan, inter-state treaties to which the Republic of Azerbaijan is a party, this Law and other legislating instruments of the Republic of Azerbaijan.

Article 3. Objectives of combating terrorism

Measures to combat terrorism in the Republic of Azerbaijan shall be carried out for the following purposes:

Article 4. Basic principles for combating terrorism

Combating terrorism in the Republic of Azerbaijan shall be based on the following principles:

CHAPTER II. ORGANIZATION OF MEASURES TO COMBAT TERRORISM. CONDUCTING ANTI-TERRORIST OPERATIONS

Article 5. Agencies engaged in combating terrorism

The relevant organ of the executive authorities of the Republic of Azerbaijan (President of the Republic of Azerbaijan) shall provide the necessary forces and means to combat terrorism and shall play the leading role in combating terrorism.

Other relevant agencies of the executive authorities (within the competencies of Ministry of National Security of the Republic of Azerbaijan, Ministry of Internal Affairs of the Republic of Azerbaijan, Ministry of Defense of the Republic of Azerbaijan, Main Department for the protection of the supreme state authorities and organs of administration of the Republic of Azerbaijan, Military Intelligence service of the Republic of Azerbaijan) of the Republic of Azerbaijan shall, within the limits of their powers, participate in combating terrorism in accordance with this law.

Article 6. Provision of assistance to State agencies engaged in combating terrorism

State and local self-government bodies, regardless of the form of ownership, organizations, public associations, officials and citizens shall be obliged to assist the state agencies engaged in combating terrorism.

Every person shall be obliged to provide law enforcement agencies with information and report on occurrences which may assist in detecting and preventing terrorism and minimizing the damage that may result from such activities.

Article 7. Leadership of anti-terrorism operations

In order to ensure the direct and unified leadership of anti-terrorism operations, an operational headquarters for managing anti-terrorism operations shall be set up (hereinafter referred to as operational headquarters) and a headquarters chief shall be appointed through a decision by the relevant agency of the executive authorities (President of the Republic of Azerbaijan) depending on the nature of operations, where necessary on a temporary basis (for the period in which operations against terrorist acts are conducted).

The procedures governing the activities of the operational headquarters shall be established through rules adopted by the relevant agency of the executive authorities (President of the Republic of Azerbaijan).

Personnel assigned to anti-terrorism operations – servicemen, employees and specialists – shall be subordinate to the operational headquarters chief as of the commencement of such operations.

The operational headquarters chief shall determine the operational zone and the specific nature of the anti-terrorism operation and shall also take decisions concerning the use of the forces and equipment assigned for this purpose.

The operational headquarters chief shall take all other decisions, including decisions restricting the rights of officials and citizens in order to ensure, on a partial and temporary basis, their security in the anti-terrorism operation zone.

Instructions from the operational headquarters chief must be carried out without fail by all officials and citizens in the anti-terrorism operation zone.

During anti-terrorism operation, no one may interfere in the actions taken by the operational headquarters chief or countermand a decision taken by him, except the head of the relevant agency of the executive authorities (President of the Republic of Azerbaijan) who has established the headquarters.

Article 8. Provision of forces and equipment for anti-terrorism operations

In order to conduct anti-terrorism operations, the operational headquarters shall use the necessary forces and equipment at the disposal of the relevant agencies of the executive authorities (within the competencies of Ministry of National Security of the Republic of Azerbaijan, Ministry of Internal Affairs of the Republic of Azerbaijan, Ministry of Defense of the Republic of Azerbaijan, Main Department for the protection of the supreme state authorities and organs of administration of the Republic of Azerbaijan, Military Intelligence service of the Republic of Azerbaijan) engaged in combating terrorism.

Article 9. Legal regime for the anti-terrorism operation zone

In the anti-terrorism operation zone, the persons conducting such operations shall have the following rights:

The activities of employees of the mass information media in the anti-terrorism operation zone shall be determined by the operative headquarters chief.

Article 10. Conducting negotiations with terrorists

Negotiations may be conducted with terrorists in order to determine the possibilities for protecting the lives and health of people and material objects and preventing terrorist acts.

Only persons authorized by the operational chief may conduct negotiations with terrorists.

During negotiations with terrorists, the handing over of any person against his will to terrorists, the carrying out of political demands, or the provision of weapons and other equipment whose use would create a danger for the lives and health of people shall, as a condition for halting terrorist acts, be prohibited.

The conduction of negotiations with terrorists may not be grounds for absolving them from liability for actions committed, as provided for under the legislation of the Republic of Azerbaijan.

Article 11. Informing the public about terrorist acts

During the anti-terrorism operations, the public shall be informed about terrorist acts in the manner and to the extent determined by the operational headquarters chief or a representative of the operational headquarters responsible for public information.

The following information may not be disseminated:

Article 12. Completion of anti-terrorism operations

An anti-terrorism operation shall be deemed completed when the terrorist act has been prevented and the danger threatening the lives of and health of people in the anti-terrorist operation zone has been eliminated.

The operations headquarters chief shall issue a statement about the completion of the anti-terrorism operation.

CHAPTER III. COMPENSATION FOR DAMAGE RESULTING FROM TERRORIST ACTS. LEGAL AND SOCIAL PROTECTION OF PERSONS INVOLVED IN COMBATING TERRORISM

Article 13. Compensation for damage resulting from terrorist acts and the social rehabilitation of victims

Damage to the property of individuals and legal entities resulting from terrorist acts shall be fully compensated through funds from the state budget, and subsequently the sum in question shall be recovered from the guilty parties.

The social rehabilitation of persons who have incurred damage as a result of terrorist acts shall consist in providing these persons with legal, psychological, medical and professional assistance as well as employment and housing.

The social rehabilitation of persons who have incurred damage as a result of terrorist acts as well as those provided for under article 14 of this law shall be carried out through funds from the state budget.

The procedure for carrying out the social rehabilitation of persons who have incurred damage as a result of terrorist acts shall be determined by the relevant agency of the executive authorities of the Republic of Azerbaijan (Cabinet of Ministers of the Republic of Azerbaijan).

Article 14. Legal and social protection of persons engaged in combating terrorism

Persons engaged in combating terrorism shall be protected by the state. Legal and social protection measures shall be applied with regard to the following persons:

Damage caused to the health of property of persons engaged in combating terrorism shall be compensated in the manner provided for under the legislation of the Republic of Azerbaijan.

If a person engaged in combating terrorism is killed (or dies) during anti-terrorism operations, his family and dependants shall receive, through funds from the state budge, a one-time assistance grant equivalent to a sum that is 100 times the person’s average monthly salary, and subsequently this sum shall be recovered from the guilty parties.

If during the anti-terrorism operation, a person engaged in combating terrorism is disabled, wounded, shell-shocked or injured in such a way as to prevent him from continuing to serve, he shall receive, through funds from the state budge, a one-time assistance grant equivalent to a sum that is 90 times his average monthly salary, and subsequently this sum shall be recovered from the guilty parties.

Article 15. Immunity from liability for damage caused

Damage to the lives, health or property of terrorists during anti-terrorism operations shall be permitted in the manner provided for under the legislation of the Republic of Azerbaijan. Persons engaged in combating terrorism shall not incur liability for such damage caused during the anti-terrorism operations.

Article 16. Preferential calculation of years of service

In determining pensions for employees of the relevant agencies of the executive authorities (within the competencies of Ministry of National Security of the Republic of Azerbaijan, Ministry of Internal Affairs of the Republic of Azerbaijan, Ministry of Defense of the Republic of Azerbaijan, Main Department for the protection of the supreme state authorities and organs of administration of the Republic of Azerbaijan, Military Intelligence service of the Republic of Azerbaijan) who have served in units directly involved in combating terrorism, the years of service shall be calculated by making one day of service equivalent to two days of service, and the period of participation in anti-terrorism operations shall be calculated by making one day of service equivalent to three days of service.

CHAPTER IV. LIABILITY FOR PARTICIPATION IN TERRORIST ACTIVITIES

Article 17. Liability for participation in terrorist activities

Persons who participate in the terrorist activities shall incur liability in the manner provided for under legislation of the Republic of Azerbaijan.

In keeping with the interests of ensuring human rights and freedoms, state security and international security, persons who commit terrorist acts or participate in the commission of such acts, regardless of the place where those acts are planned or carried out, shall, on the basis of the legislation of the Republic of Azerbaijan and the inter-state treaties to which the Republic of Azerbaijan is a party, be criminally prosecuted and punished or may be extradited to a foreign state for criminal prosecution or for serving a sentence imposed.

Article 18. Hearing of cases linked to terrorist activities

In accordance with the legislation of the Republic of Azerbaijan, offences linked to terrorist activities and also cases involving compensation for damage resulting from terrorist acts may, through a decision by a court (judge), be considered in a closed judicial hearing.

Article 19. Liability of organizations for terrorist activities

An organization (its branches or offices) operating in the territory of the Republic of Azerbaijan may be disbanded for links to terrorist activities through a court decision in the manner established under the legislation of the Republic of Azerbaijan.

In disbanding an organization whose links to terrorist activities have been established in accordance with the legislation of the Republic of Azerbaijan, property belonging to it shall be confiscated and transferred to state ownership in accordance with the legislation of the Republic of Azerbaijan.

CHAPTER V. FINAL PROVISIONS

Article 20. Monitoring the legality of measures to combat terrorism

The legality of measures to combat terrorism shall be monitored by the General Prosecutor of the Republic of Azerbaijan and his subordinate prosecutors.

The General Prosecutor of the Republic of Azerbaijan and his subordinate prosecutors shall file notice in a court instituting proceedings against an organization for terrorist activities.

Article 21. International cooperation in combating terrorism

The Republic of Azerbaijan shall, on the basis of the inter-state treaties to which it is a party, cooperate with foreign states and their law enforcement agencies in combating terrorism and also with international organizations engaged in combating terrorism.

Article 22. Liability for violations of this law

Officials and citizens shall incur liability for violations of this law in the manner provided for under the legislation of the Republic of Azerbaijan.

President of the Republic of Azerbaijan

Heidar Aliev

Baku, 18 June 1999 № 687-IГ.

With amendments dated 5 October 2001 № 183-IIГД and 17 May 2002 № 332-IIГД.