The next session of the Constitutional Court Plenum was held under the chairmanship of Farhad Abdullayev.
According to the press service of the Constitutional Court, the court session reviewed a constitutional case regarding the interpretation of Article 157.1 of the Criminal Procedure Code in conjunction with Articles 156.1, 346.1, and 447.5 of the same Code, in light of Articles 28 and 60 of the Constitution, based on a request from the Prosecutor’s Office of Azerbaijan.
The Plenum of the Constitutional Court made a decision after investigating and discussing the report of the judge of the case H. Afandiyeva, the request of the Prosecutor’s Office of Azerbaijan and the opinion of the Milli Majlis Apparatus as interested parties, the opinions of the Commissioner for Human Rights (Ombudsman), the Supreme Court, the Ministry of Justice of the Nakhchivan Autonomous Republic, the Supreme Court of the Nakhchivan Autonomous Republic, the Baku Court of Appeal, and the Sumgayit Court of Appeal, the opinion of expert F. Abbasova, Head of the Department of Criminal Procedure of the Faculty of Law of Baku State University, Doctor of Law, Professor, and the case materials.
The decision states that taking into account the meaning of Articles 28 and 60 of the Constitution of the Republic of Azerbaijan, the requirements of Articles 155, 156.1, 157.1, 157.2, 157.5, 444.1.2, and 447.5 of the Criminal Procedure Code, and the legal positions reflected in the descriptive and justifying part of this Decision of the Constitutional Court Plenum, the court examining the application for the selection of a pre-trial detention measure must verify and evaluate whether there are reasonable suspicions that the person has committed the crime for which they are suspected or accused, whether the initial evidence indicating these suspicions is sufficient, whether the grounds established by law for the application of the pre-trial detention measure exist, as well as the possibility of applying a milder measure of restraint.
The court’s decision on the selection of a pre-trial detention measure cannot be considered as a premature resolution by the court of the issue of the person’s guilt, based on the lack of sufficient initial evidence indicating reasonable suspicions that the person has committed the crime for which they are suspected or accused and the grounds for applying the relevant measure of restraint.
The decision enters into force on the day of its publication, is final, and cannot be repealed, amended, or officially interpreted by any body or person.