The chairman of the Justice, Law, Democracy (AHD) Party and member of parliament, Gudrat Hasanguliyev, answered questions from Xalqcəbhəsi.az.
We present the interview:
– Gudrat bey, you have proposed the adoption of laws on state awards, amnesty, and pardon. What necessity does this stem from?
– This is a constitutional requirement. The law must reflect the rules regarding who is awarded orders and medals, for what services, upon whose recommendation, the circumstances under which they can be revoked, as well as the procedures for how awards are presented and maintained, etc. According to Article 94, Clause 9 of the Constitution, the Milli Majlis of the Republic of Azerbaijan must adopt a law establishing general rules for state awards by a majority of 63 votes. The law should also reflect the procedure for how the President of the Republic of Azerbaijan is awarded. Part 2 of the Law on the Status of the Heydar Aliyev Order states that the Heydar Aliyev Order is awarded to the President of the Republic of Azerbaijan by virtue of their status. This norm contradicts the Constitution, because according to Article 109, Clause 23 of the Constitution, awarding state decorations falls under the powers of the President of the Republic of Azerbaijan. Furthermore, people should be awarded based on their services, not their status. When the law was adopted in 2005, I objected to this. To award the President, an addition must be made to Article 95, Part 1 of the Constitution via a Constitutional law, stating that the President is awarded based on a decision adopted by a two-thirds majority of the Milli Majlis. According to Article 95, Part 4 of the Constitution, additions to the list of issues resolved by the Milli Majlis can be made through Constitutional laws. This provision should also be reflected in the law to be adopted on “State Awards.” I will submit a draft regarding this.
– You proposed that Ilham Aliyev be awarded the “Shah Ismail” supreme military order after the 44-day Patriotic War. With the adoption of a new law, this could also be realized…
– That is correct. Ilham Aliyev is the person who wrote one of the most glorious pages of our modern history. Under his leadership, our lands were liberated from occupation, and Armenian separatism was ended once and for all. No one has been awarded the “Shah Ismail” order yet. The first person worthy of receiving that order is Ilham Aliyev. The fact that this proposal comes from an opposition party should not bother members of the ruling party, and they should discuss this issue. We propose this because it is both fair, and the awarding of the Supreme Commander-in-Chief with the “Shah Ismail” order, while being a sign of respect for our history, carries great political significance for our country. We should make this decision without caring about what others might think or say from the outside.
– What should be reflected in the law on amnesty and pardon?
– According to Article 95, Clause 19 of the Constitution, the Milli Majlis adopts a decision on amnesty, and according to Article 109, Clause 22, the President adopts a decision on pardon. The general rules for both the Milli Majlis and the President to exercise these powers must be regulated by law. The President’s powers regarding pardons should not be limited by law. In the USA, the President can pardon not only convicts but even those against whom a criminal case has been initiated or who are suspected of committing a crime but against whom no criminal case has been initiated. For example, Biden granted a preemptive pardon to 7 people on January 19, 2025. One of them was Mark Milley. The pardon act states that the “pardon applies to any offenses” — that is, any federal crimes that may have been committed between January 1, 2014, and January 19, 2025, and which are related to his service as Chairman of the Joint Chiefs of Staff or Chief of Staff of the US Army.
In our country, according to Article 82 of the Criminal Code, only convicted persons can be pardoned.
Or, when a decision on amnesty is adopted here, sometimes, due to subjective considerations, amnesty is applied to norms providing for responsibility for more serious crimes, while it is not applied to minor or less serious crimes. Therefore, there is a serious need for the adoption of a law on amnesty and pardon.
– Victory Day is approaching; can a new amnesty act be adopted?
– I would very much like for a decision on either amnesty or pardon to be adopted, and for those claimed by international human rights organizations to be detained for political motives to be released. Especially women. This would be a humanitarian step. With this, we would also take away the excuses of those who carry out smear campaigns against our country. I am sure that our people would also welcome this, and it would serve our national unity.