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The first speaker was L.Huseynov Chief of Legislation of Government construction Department of the Parliament. He spoke about ways of implementation (incorporation and transformation) as a whole process, especially notice way of implementation of ECHR in national legislation; underlined the role of Parliament in this process, such as passing a constitutional law of Azerbaijan Republic concerning promotion and protection of human rights and the role of courts in implementation of ECHR. Representatives of courts, asked about procedures of implementation and gave examples. He discussed articles of Azerbaijan Constitution, such as articles 12, 60, 148, 151 – as way of incorporation implementation. Speaker, in his turn, gives examples of European Court Decisions and its implementation in national legislation of other countries.
Then we gave the floor to Mr. C. Askarov, Chief of the Department of Human Rights protection of President Apparatus of Azerbaijan , Official Representative of Azerbaijan Republic in European Court of Human Rights. Mr. C.Askarov told about the essence of ECHR and its impact on the adaptation of legal theory and practice in Azerbaijan . He brings up statistic dates on complaints of Azerbaijan citizen to European Court . Discussion with this speaker passed in a manner that we do not expected. Participants ask questions more concerning the real issues in European Court . More of them are already known to Azerbaijan society. Were very interesting, when an independent lawyer ask him “not as representative of AR in EC, but as representative of President Apparatus, about the implementation of statement “freedom to assembly”, as it reflect in Constitution by article 49”.
The second part of the seminar was opened by Asgar Mammadov. He gave the word to Mr. Rahim Rahimov, Chief of the Apparatus of Ombudsman. His speech was dedicated to the ability of improving of the ECHR and national legislation of Azerbaijan Republic. He spoke about monitoring of human rights, especially last issues of Ombudsman concerning rights of prisoners. Mr. Rahim Rahimov focused his speech on implementations of articles of the ECHR in several laws of Azerbaijan Republic , such as Civil Code, Civil Procedure Code, Family Code, Criminal-Procedure Code and etc. Representative of the Ministry of Justice asks about productivity of this implementation and in a process of debates gave own examples.
Last speaker Mr. Erkin Kadirov, specialist of the Law Faculty of Baku State University gave an explanation of the liabilities of ECHR. He spoke about differences of rights; positive and negative liabilities; rights to life; goals of rights and etc. He gave examples of the protection of human rights by state and spoke about the ways of implementation. He guided out the whole process of implementation of the ECHR and noticed that ECHR can emerge only in Europe . Also he noticed own opinion on debates concerning articles of Constitution (12, 60, 148, 151). The most active in debates with this speaker were representative of Prosecutor, Constitutional Court, Parliament and Court of Appeal. They discussed problems of the execution of the Decisions of EC; gave examples of other countries.
In conclusion, all speakers congratulated participants with productive and interesting seminar, hoping to meet often and notice the organization of this seminar by CABIR Alumni Council. All seminar participants thanked Zaur and Asgar for invitation and organizations for conducting such seminar in Azerbaijan Republic.
On June 2, 2005 CABIR Alumni Council Azerbaijan arranged the reception for Dr. Warner, Mr. Wennmann and alumni. The reception was organized in the restaurant of Diplomat Hotel. Dr. Warner made a speech and informed alumni about future plans regarding with Alumni Council. When speech was over invited persons had a chance for talking on interesting topics and discussing different issues.