General Part

SECTION SIX
CONFIDENTIALITY AND TIME LIMITS DURING CRIMINAL PROCEEDINGS

Chapter XXIII
THE PRESERVATION OF CONFIDENTIALITY DURING CRIMINAL PROCEEDINGS

Article 200. The preservation of state secrets

200.1. During criminal proceedings, measures shall be taken under this Code and other laws of the Azerbaijan Republic in order to protect information constituting state secrets.

200.2. If the prosecuting authority proposes to any person that he give or submit information which comprises state secrets in pursuance of the relevant court decision, this person shall be entitled to refuse to divulge it unless he is sure of the need to collect this information for the purposes of the ongoing criminal case. If the prosecuting authority requests the person to give or submit information which contains state secrets on the grounds that it is essential, the authority shall include observations confirming the need for this information in the record of the interview or other investigative procedure.

200.3. If the prosecuting authority does not note that this is prohibited in the record of the interview or other investigative procedure, the state employee concerned shall immediately inform the head of the relevant state body in writing about his testimony concerning the information entrusted to him which constitutes a state secret.

200.4. The conduct of criminal cases connected with information comprising state secrets shall be placed in the hands of investigators, prosecutors or judges who have given written undertakings not to divulge this type of information. Undertakings not to divulge information constituting state secrets shall be given before the start of the court’s consideration of a criminal case involving such information, an obligation also extending to jurors. Any juror who refuses to give such an undertaking shall be released from participation in the court’s consideration of the criminal case. Evidence which reveals state secrets shall be examined by the court in camera.

200.5. Anyone else who submits or otherwise indicates that he wishes to acquaint himself with information which constitutes a state secret for the purposes of the criminal case, shall give an undertaking in advance not to disseminate this information. If the defence counsel and the other representative, with the exception of the legal representative, refuses to give this undertaking, he shall be deprived of the right to participate in the criminal proceedings, and the remaining persons shall not be given the information constituting a state secret. The obligation not to disseminate state secrets shall not prevent a party to the criminal proceedings from requesting that the information constituting a state secret be examined by the court in camera.

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 492. Refusal of requests for legal assistance

492.1. If the provision of legal assistance may conflict with the legislation of the Azerbaijan Republic or may be detrimental to the sovereignty and security of the Azerbaijan Republic, the provision of such assistance may be refused.

492.2. Any decision to refuse legal assistance shall be made by the head of the prosecuting authority of the Azerbaijan Republic to which the request is addressed or by a court of the Azerbaijan Republic. The requesting competent authority of the foreign state shall be informed of the refusal and of the reasons for it.

Article 72
Protection of national security information
1. This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.
2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.
3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.
4. If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.
5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:
(a) Modification or clarification of the request;
(b) A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whether the evidence, though relevant, could be or has been obtained from a source other than the requested State;
(c) Obtaining the information or evidence from a different source or in a different form; or
(d) Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.
6. Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests.
7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions:
(a) Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4:
(i) The Court may, before making any conclusion referred to in subparagraph 7 (a) (ii), request further consultations for the purpose of considering the State's representations, which may include, as appropriate, hearings in camera and ex parte;
(ii) If the Court concludes that, by invoking the ground for refusal under article 93, paragraph 4, in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 87, paragraph 7, specifying the reasons for its conclusion; and
(iii) The Court may make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances; or
(b) In all other circumstances:
(i) Order disclosure; or
(ii) To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances.

Article 93
Other forms of cooperation
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.