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CONSTITUTIONAL LAW
OF THE REPUBLIC OF AZERBAIJAN

On regulating the realization of human rights and freedoms
in the Republic of Azerbaijan


This Constitutional Law is adopted with an aim to bring the realization of human rights in the Republic of Azerbaijan in conformity with the Convention for the protection of human rights and fundamental freedoms.

Article 1. Main conditions for the realization of human rights and fundamental freedoms

1.1. None of the provisions of the Constitution and the present Constitutional Law of the Republic of Azerbaijan can be interpreted or perceived as a provision creating a legal ground for activity or action of the state bodies, organizations or different persons aimed at abolishment of human and citizen’s rights and freedoms or greater limitation than what is in the Constitution and the present Constitutional Law of the Republic of Azerbaijan.
1.2. No one shall misuse his/her rights and freedoms.

Article 2. Non-derogated human rights

The rights provided for by article 27 (except the cases of death as a result of war conducted in accordance with the law), part I of article 28, part III of article 46, article 63, article 64 and part VIII of article 71 of the Constitution of the Republic of Azerbaijan are non-derogated rights and no reservations are applicable to them.

Article 3. Conditions for limitation of human rights and freedoms by law

3.1. Human rights and freedoms provided for by the Constitution of the Republic of Azerbaijan and international treaties the Republic of Azerbaijan is a party to, can be limited only by law.
3.2. The law that restricts human rights and freedoms shall contain a reference to the right or freedom, as well as relevant article of the Constitution of the Republic of Azerbaijan which is subjected to limitation.
3.3. The limitations of human rights and freedoms shall not affect the substance of those rights and freedoms.
3.4. The limitations of human rights and freedoms shall pursue the legitimate aim envisaged in the Constitution of the Republic of Azerbaijan or the present Constitutional Law and shall be proportionate to the goal pursued.
3.5. Alongside with the grounds provided for by part III of article 71 of the Constitution of the Republic of Azerbaijan, human rights and freedoms can be restricted with an aim to ensure the realization of human rights and freedoms of others and to protect them.
3.6. Alongside with other grounds provided for by the Constitution of the Republic of Azerbaijan, the rights and freedoms envisaged in part III of article 28, articles 32, 33, 49, 50, 51 and 58, as well as the freedom of speech envisaged in article 47 can be limited in the interests of national security, for protection of health and morals, rights and freedoms of others, and for prevention of a crime; the rights and freedoms envisaged in articles 32, 33, 49, 50 and 58 as well as the freedom of speech envisaged in article 47 of the Constitution can be limited for prevention of mass disorder; the rights and freedoms envisaged in part III of article 28, articles 49, 50 and 58 and the freedom of speech envisaged in article 47, as well as part II of article 48 of the Constitution ensuring the right to define his/her attitude to religion, to express and spread one’s beliefs concerning religion can be limited for protection of public order; the rights and freedoms envisaged in part III of article 28, articles 32 and 33, as well as part II of article 48 of the Constitution ensuring the right to define his/her attitude to religion, to express and spread one’s beliefs concerning religion can be limited for ensuring public order and the rights and freedoms envisaged in articles 32 and 33 of the Constitution can be also limited for interests of economic welfare of the country; freedom of speech envisaged in article 47 and freedom of information envisaged in article 50 of the Constitution can be limited  for ensuring interests of state territorial integrity, protection of reputation or rights of others, for prevention of disclosure of secret information or for ensuring reputation of a court and its impartiality; part II of article 48 of the Constitution ensuring the right to define his/her attitude to religion, to express and spread one’s beliefs concerning religion can be limited with an aim to protect health or morals or rights and freedoms of others.

Article 4. Limitations as to apprehension, detention or arrest of a person
4.1. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
4.1.1. the lawful detention of a person after conviction by a competent court;
4.1.2. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
4.1.3. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
4.1.4. the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
4.1.5. the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
4.1.6. the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
4.2. Everyone arrested or detained in accordance with the provisions of paragraph 4.1 of this article shall be brought promptly before a judge who is competent to study the case or to release pending trial. This person shall be entitled to trial within a reasonable time or to be released before trial.
4.3. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
4.4. Release of a person who is deprived of his liberty by arrest or detention may be conditioned by guarantees to appear for trial.
4.5. Everyone who has been the victim of arrest or detention in contravention of the provisions of article 4.1 of the present Law shall have an enforceable right to compensation.
4.6. No one shall be arrested, detained or deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

Article 5. The right of a person to file a complaint before the Constitutional Court about the decisions of the legislative, executive and judicial powers and acts of municipalities that violate human rights and freedoms

Everyone shall have the right to file a complaint before the Constitutional Court of the Republic of Azerbaijan in the order provided by the law about the normative decisions of legislative, executive and judicial powers and normative acts of municipalities provided by items 1-6 and 8 of part III of article 130 of the Constitution of the Republic of Azerbaijan that violate his/her human rights and freedoms.

Article 6. The rights of the courts to address the Constitutional Court

In the order provided by the law of the Republic of Azerbaijan, the courts can address the Constitutional Court of the Republic of Azerbaijan about interpretation of the Constitution and laws of the Republic of Azerbaijan in connection with the realization of human rights and freedoms.

Heydar Aliyev
President of the Republic of Azerbaijan


City of Baku, 24 December 2002
№ 404-IIKQ