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'Fair trial standards' in document 'Azerbaijan - Criminal Procedure Code'

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The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 10. Legislation

10.2. No one may be incriminated or charged with a view to prosecution as a suspect or accused person, detained, arrested, searched, taken by force or subjected to other coercive procedural measures, nor convicted, punished or subjected to other limitations of rights and liberties other than on the basis of the rules and principles established by the laws of the Azerbaijan Republic which are in force and published.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 12. Guarantee of the human and civil rights and liberties established by the Constitution

12.3. During criminal proceedings everyone shall have the right to defend their rights and liberties as set down by the Constitution in any manner not prohibited by law.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 13. Respect for the honour and dignity of the person

13.1. It shall be prohibited to take decisions or allow acts during the criminal prosecution which debase the honour and dignity of the person or may threaten the life and health of the participants in the proceedings.

13.2. During a criminal prosecution nobody shall :

13.2.1. be subjected to treatment or punishment that debases human dignity ;
13.2.2. be held in conditions that debase human dignity ;
13.2.3. be forced to participate in carrying out procedures that debase human dignity.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 14. Guarantee of the right to liberty

14.2. Nobody may be detained or arrested other than on the grounds provided for in the Code and other laws of the Azerbaijan Republic.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 14. Guarantee of the right to liberty

14.4. The person detained or arrested shall be immediately informed of the reasons for detention or arrest, the nature of the suspicion or charge and his right not to give a statement and to seek legal aid from defence counsel.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 14. Guarantee of the right to liberty

14.5. The preliminary investigator, investigator, prosecutor or judge shall immediately release any person illegally taken into custody or arrested.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 15. Guarantee of the right to inviolability of the person

15.1. Search and personal examination and other procedures which breach the right to inviolability of the person may not be carried out against the will of the person concerned or his legal representative without a court decision except in cases of detention and arrest.

15.2. During the criminal prosecution the following shall be prohibited :

15.2.1. the use of torture and physical and psychological force, including the use of medication, withdrawal of food, hypnosis, deprivation of medical aid and the use of other cruel, inhuman or degrading treatment and punishment ;
15.2.2. the imposition of long-term or severe physical pain or acts which are detrimental to health, or any similar ill-treatment ;
15.2.3. taking evidence from victims, suspects or accused persons or from other participants in the criminal proceedings using violence, threats, deceit or by other unlawful acts which violate their rights.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.1. During the criminal prosecution the preliminary investigator, investigator, prosecutor and court shall take measures to guarantee the right of the victim, the suspect and the accused to proper legal aid.

19.2. During the criminal proceedings the prosecuting authority shall secure the right of the victim (victim bringing a private prosecution), the civil party or his legal representative, the legal representative of the suspect or accused and the defendant to the civil claim to use the legal aid of the representatives invited by them.

19.3. During the questioning of the victim or witnesses, the prosecuting authority may not prevent the lawyer invited by them as their representative from accompanying them.

19.4. The prosecuting authority shall secure the following rights of the suspect or accused :

19.4.1. to have the assistance of the counsel for the defence from the moment of detention or arrest, as the suspect before the first interrogation or as the accused as soon as charges have been laid ;
19.4.2. to explain his rights ;
19.4.3. to give him adequate time and opportunity to prepare his defence ;
19.4.4. to be able to defend himself in person or with the aid of counsel for the defence chosen by him or, if unable to pay for defence counsel, to receive free legal aid ;
19.4.5. to interrogate any witness against him.

19.5. The prosecuting authority shall involve the legal representative of the suspect or the accused in the manner provided for in this Code.

19.6. The presence of counsel for the defence or the legal representative of the suspect or the accused at the criminal proceedings may not limit the rights of the suspect or the accused.

19.7. The suspect or the accused may not be forced to give evidence, to give the prosecuting authority any documents or to assist them in any way.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 20. Incrimination of the suspect and his relatives

20.1. Nobody may be forced to testify against himself or his close relatives, or be prosecuted on this basis.

20.2.. During the investigation or court hearing, a person asked to give information which may incriminate him and his close relatives in respect of an offence shall have the right to refuse to incriminate them without fear of negative legal consequences for himself.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 21. Presumption of innocence

21.1. Any person suspected of committing an offence shall be found innocent if his guilt is not proven in accordance with this Code and if the court has not delivered a final judgment to that effect.

21.2. Even if there are reasonable suspicions as to the guilt of the person, this shall not cause the latter to be found guilty. The accused (the suspect) shall receive the benefit of any doubts which cannot be removed in the process of proving the charge in accordance with the provisions of this Code, within the appropriate legal proceedings. He shall likewise receive the benefit of any doubts which are not removed in the application of criminal law and criminal procedure legislation;

21.3 The accused shall not be obliged to prove his innocence. It shall be for the prosecution to prove the charge or to refute the evidence given in defence of the suspect or the accused.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 22. Guarantee of the right to a court hearing

The judicial authorities shall secure the right of everyone to a fair and open court hearing in connection with the charges against them or the coercive procedural measures applied. The right to a court hearing may not be refused for any reason.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 23. Criminal trial only by a court

23.1. The criminal trial shall be carried out only by the competent court as part of the court system of the Azerbaijan Republic. No one may be held guilty of an offence or be convicted in the absence of a court judgment.

23.2. The creation of special courts and the appropriation of court powers shall be prohibited and shall entail liability under the legislation of the Azerbaijan Republic.

23.3. Judgments and other decisions by special or other illegally created courts shall not be valid and shall not be implemented.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 26. The language used in criminal proceedings

26.1. Criminal proceedings in the courts of the Azerbaijan Republic shall be conducted in the official language of the Azerbaijan Republic or in the language of the majority of the population in the relevant area.

26.2. In the event that the parties do not know the language used in court, the judicial authority shall guarantee the following rights to them :

26.2.1. their right to use their mother tongue ;
26.2.2. the right to use the services of an interpreter free of charge during the investigation and court hearings, to be fully familiar with all documents relating to the case and criminal prosecution and to use their mother tongue in court.

26.3. The rights of parties who do not know the language used in criminal proceedings, as provided for under Article 26.2.2 of this Code, shall be secured at the expense of the budget of the Azerbaijan Republic.

26.4. The judicial authority shall provide the relevant persons with the necessary documents in the language used during the trial.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 29. Examination by the appropriate court

29.1. Nobody may be deprived of the right to have his case examined by the court with statutory jurisdiction in the matter. The case may not be heard in another court without the permission of the person concerned.

29.2. It shall be prohibited to change the jurisdiction of the court as provided for in this Code or to groundlessly withdraw the case from the judge designated by law.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 32 Participation of both sides in criminal proceedings

32.1. In the Azerbaijan Republic the conduct of criminal proceedings shall be based on the adversarial principle.

32.2. In order to guarantee participation of both sides in criminal proceedings in accordance with this Code :

32.2.1. Each party shall be represented in court ;
32.2.2. Each party shall have equal rights and opportunities to defend its position ;
32.2.3. The prosecution shall seek to prove the criminal act, the ingredients of the statutory offence, the involvement of the accused in committing this offence and the possible criminal responsibility of the accused, and shall offer suggestions as to the legal classification of the accused person’s act and the final decision of the court ;
32.2.4. The defence shall refute the prosecution’s arguments concerning the criminal charge, draw the attention of the judicial authority to the circumstances which preclude or mitigate criminal responsibility and offer suggestions as to the legal classification of the accused person’s act and the final decision of court ;
32.2.5. Each party shall independently choose its own position and determine its means and methods ;
32.2.6. The court shall assist in obtaining any additional documents required at the request of each party in the criminal proceedings ;
32.2.7. The court judgment shall be based only on the evidence secured and examined with the equal participation of the parties ;
32.2.8. The public prosecutor and the victim bringing a private prosecution shall conduct or withdraw the prosecution ;
32.2.9. The accused shall be free to deny his guilt or to plead guilty ;
32.2.10 The civil party may withdraw his claim or sign a reconciliation agreement with the defendant to his claim ;
32.2.11 The defendant to the civil claim may admit the claim or sign a reconciliation agreement with the civil party.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 90. The suspect

90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :

90.7.7. to choose his defence counsel independently, to dismiss him and to conduct his own defence if he waives the right to defence counsel ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 90. The suspect

90.2. The prosecuting authority shall be empowered to detain a suspect for the following periods :

90.2.1. persons detained: no more than 48 hours ;
90.2.2. a suspect about whom a choice of restrictive measure has been made, excluding arrest, bail and house arrest: no more than 10 days after the announcement of the decision.

90.3. Before the end of the period provided for in Article 90.2. of this Code, the prosecuting authority shall release the suspect and end the restrictive measure or take a decision to charge him.

90.4. If there are not sufficient grounds for suspicion, the prosecuting authority or the court shall release the suspect and end the restrictive measure before expiry of the periods laid down in Article 90.2 of this Code.

90.5. From the time of release, ending of the restrictive measure or when the decision is taken to bring charges, the person concerned shall cease to be considered as the suspect.

90.6. The preliminary investigator, investigator or prosecutor in charge of the criminal prosecution shall guarantee the suspect's rights, and shall not prevent him from using all lawful means of exercising his defence rights.

90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :

90.7.1. to know what he is suspected of (the nature of the suspicion – factual description and legal classification of the offence of which he is accused) ;
90.7.2. to know the grounds for detention, if detained, to receive legal aid from the defence counsel from the outset of detention, and to receive written notification of his rights from the person who detained him or the preliminary investigator, investigator or prosecutor ;
90.7.3. to receive a copy of the decision on his detention or on the choice of restrictive measure ;
90.7.4. to take cognisance the record of detention immediately after it is drawn up and to make observations, which must be appended to the record ;
90.7.5. to have access to defence counsel from the time of the decision on detention or on the choice of restrictive measure ;
90.7.6. to inform his family, relatives, home or workplace (or place of study) immediately after he is detained, by telephone or other means ;
90.7.7. to choose his defence counsel independently, to dismiss him and to conduct his own defence if he waives the right to defence counsel ;
90.7.8. to have unlimited opportunity and time to meet his defence counsel in private and in confidence ;
90.7.9. to have the help of defence counsel free of charge and, at his own request, to make statements with his defence counsel present ;
90.7.10. to give statements, not to incriminate himself or his relatives and in general to refuse to give a statement ;
90.7.11. to give statements in his mother tongue or a language he knows ;
90.7.12. to have the help of an interpreter free of charge ;
90.7.13. to raise objections and to submit applications ;
90.7.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another article of this Code ;
90.7.15. to participate in investigative or other procedures conducted at his own request with the aid of his defence counsel ;
90.7.16. to present evidence and other materials for inclusion in the case file ;
90.7.17. to object to the acts of the prosecuting authority and to have such objection placed on the record of the investigative or other procedures ;
90.7.18. to acquaint himself with the record of the investigative and other procedures in which he participates, to make observations about the accuracy and completeness of the written record; to require the inclusion of the necessary circumstances in the record while taking part in investigative and other procedures ;
90.7.19. to be informed by the prosecuting authority of its decisions which affect his rights and legal interests and, on request, to receive copies of those decisions ;
90.7.20. to complain against decisions and acts of the preliminary investigator, investigator, prosecutor or court as well as to withdraw his own complaint and that of his defence counsel ;
90.7.21. to be reconciled with the victim ;
90.7.22. to be reimbursed for the costs incurred during the proceedings and to receive compensation for prejudice incurred as a result of unlawful acts by the prosecuting authority ;
90.7.23. to be acquitted if the suspicion is not confirmed ;
90.7.24. to exercise the other rights provided for in this Code.

90.8. If the suspect independently conducts his own defence, he shall exercise all the rights of defence counsel as provided for in this Code, as far as is possible in his position.

90.9. Whether the suspect exercises his rights or declines to do so, he shall not thereby suffer prejudice or detriment. Except where he intentionally names a person in the knowledge that he was unconnected with the offence, no liability shall accrue to the suspect on account of his statements and explanations.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

91.1. The individual whom the investigator, prosecutor or court decides to charge shall be referred to as the accused.

91.2. A person who is charged with having committed a criminal offence unwittingly or when under age shall also be considered as the accused. Besides the additions and exceptions provided for in this Code, he shall also have the rights and duties of the accused.

91.3. The person shall no longer be considered as the accused from the time when the prosecution against him is discontinued.

91.4. The investigator, prosecutor or court shall guarantee the rights of the accused, shall not prevent him from exercising his right of defence by all lawful means and methods and, if he so requests, shall allow him sufficient time for the preparation of his defence.

91.5. The accused shall exercise the following rights in accordance with this Code :

91.5.1. to know what he is accused of (content, factual description and legal classification of the charge) and to receive a copy of the corresponding decision immediately after the charge is brought, the accused is remanded in custody or the decision on the choice of restrictive measure is announced ;
91.5.2. to receive written notification of his rights from the person who detained or arrested him or from the preliminary investigator, investigator or prosecutor ;
91.5.3. to acquaint himself with the record of detention and arrest immediately after it is drawn up and to make observations for inclusion in the record ;
91.5.4. to have defence counsel from the time of the arrest or the announcement of the charge ;
91.5.5. to have the help of defence counsel free of charge ;
91.5.6. to inform his family, relatives, home, workplace or place of study immediately after detention, by telephone or other means ;
91.5.7. to choose his defence counsel independently, to dismiss counsel and to conduct his own defence if he waives the right to defence counsel ;
91.5.8. to have unlimited opportunities and time to meet his defence counsel in private and in confidence ;
91.5.9. to be questioned at his own request with his defence counsel present ;
91.5.10. to give statements, not to incriminate himself or his relatives and in general to refuse to testify as well as to give or refuse to give statements concerning the charge against him ;
91.5.11. to give statements in his mother tongue or in a language he knows ;
91.5.12. to have the help of an interpreter free of charge ;
91.5.13. to raise objections and to submit applications ;
91.5.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another provision of this Code ;
91.5.15. to participate in investigative or other procedures conducted at his own request with the help of his defence counsel ;
91.5.16. to present evidence and other material for inclusion in the case file and examination by the court ;
91.5.17. to plead guilty or not guilty ;
91.5.18. to object to the acts of the prosecuting authority and to have such objections noted in the records of investigative and other procedures ;
91.5.19. to acquaint himself with the records of investigative or other procedures in which he takes part, to make observations on the accuracy and completeness of the written record, and when participating in investigative or other procedures and in court hearings, to require the inclusion of the necessary circumstances in the appropriate record ;
91.5.20. to take cognisance of decisions on expert reports and of the experts’ opinions ;
91.5.21. to take cognisance of documents presented to the court by the prosecuting authority confirming that the arrest and detention on remand are lawful and justified ;
91.5.22. to take cognisance of the case file from the end of the investigation or the discontinuation of the criminal proceedings and to make copies of the necessary documents relating to it ;
91.5.23. to object to the discontinuation of the criminal proceedings without grounds of acquittal ;
91.5.24. to demand a public hearing within a reasonable time ;
91.5.25. to participate in court hearings at first instance and on appeal and in the examination of the case file ;
91.5.26. to participate in the selection of jurors in the court hearing at first instance ;
91.5.27. when conducting his own defence, to make an introductory statement (pleading either guilty or not guilty of the charge against him and stating whether or not he recognises the civil claim), to speak and to reply at hearings of first instance and appeal courts ;
91.5.28. to make a final statement in court ;
91.5.29. to be informed by the prosecuting authority of the decisions which affect his rights and legal interests and, on request, to receive copies of those decisions, including those concerning the choice of restrictive measure, the conduct of investigative or other coercive procedural measures, the charging of the accused and the announcement of the charge, and copies of the indictment, civil claim, judgment, other final decisions of the court and complaints and appeals to the appeal courts and the Supreme Court ;
91.5.30. to lodge complaints against the decisions and acts of the preliminary investigator, investigator or prosecutor ;
91.5.31. to appeal against the judgment and other decisions of the court to the court of appeal and the Supreme Court, or to the latter on additional appeal, and to receive copies of those decisions ;
91.5.32. to acquaint himself with the record of the court hearing and to add observations to it ;
91.5.33. to withdraw any complaint lodged by himself or his defence counsel ;
91.5.34. to be reconciled with the victim ;
91.5.35. to express objections to circumstances made known to him through information brought to his attention by the prosecuting authority or through complaints made by the other parties to the criminal proceedings ;
91.5.36. to participate in appeal court hearings and Supreme Court hearings on appeal, on additional appeal and on the basis of newly discovered facts, further to a complaint of his own, if he is not held on remand and if he objects to a complaint by another party to the proceedings and to take part in the court’s examination of the case file ;
91.5.37. to be informed of appeals and complaints relating to the case and to raise objections to them ;
91.5.38. to express opinions on applications and suggestions by other parties to the criminal proceedings as well as on matters being decided by the court ;
91.5.39. to object to unlawful acts of the opposite party to the criminal proceedings ;
91.5.40. to be reimbursed for costs incurred during the proceedings and receive compensation for prejudice caused by unlawful acts of the prosecuting authority ;
91.5.41. to be acquitted if the charge is not proved ;
91.5.42. to exercise the other rights provided for in this Code.

91.6. When independently conducting his own defence, the accused shall exercise all the rights of his defence counsel as provided for in this Code, as far as is possible in his position.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 92. Counsel for the defence

92.9. Defence counsel shall exercise the following rights in accordance with this Code :

92.9.2. to have unlimited opportunities and time to meet his client in private and in confidence ;

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XV
PROOF

Article 138. The concept of proof

138.2. The prosecutor shall be responsible for proving the grounds for the criminal responsibility of the accused and whether or not he is guilty.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XV
PROOF

Article 146. The sufficiency of evidence

146.1. The notion that sufficient evidence has been collected for the prosecution means that the amount of evidence on the facts to be determined is such as to allow a reliable and final conclusion to be reached on the case.

146.2. The sufficiency of evidence for the prosecution shall help to achieve the following :

146.2.1. the investigation and the court proceedings to be carried out purposefully ;
146.2.2. the court’s perspective on the prosecution to be determined in good time ;
146.2.3. a correct and well founded decision to be taken on the prosecution.

146.3. The collection of comprehensive evidence shall not result in :

146.3.1. the collection of unnecessary material ;
146.3.2. the prolongation (dilatory conduct) of the investigation or the court proceedings.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 147. The use of detention during criminal proceedings

147.1. Detention during criminal proceedings may be applied only to the following :

147.1.1. a person suspected of committing an offence ;
147.1.2. a person who is to be charged or an accused who has violated the conditions governing the restrictive measure applied to him ;
147.1.3. a sentenced person, in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release.

147.2. Detention shall be applied in the following circumstances :

147.2.1. if there is a suspicion that the person concerned committed an offence ;
147.2.2. if there is an appropriate decision by the prosecuting authority about a person covered by Article 147.1.2 ;
147.2.3. if there is a court decision on the detention of a sentenced person pending settlement of the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release.

147.3. The illegal detention of a person shall entail liability under the legislation of the Azerbaijan Republic.

Article 148. Detention of persons suspected of committing an offence

148.1. A person suspected of committing an offence shall be detained if there is a direct suspicion that he committed the offence or other information giving grounds for suspicion that he committed the act provided for in criminal law.

148.2. If there is a direct suspicion that a person committed an offence, the preliminary investigator, another official of the preliminary investigating authority, the investigator or the prosecutor may detain him in the following cases :

148.2.1. if the person is caught in the act of committing an offence provided for in criminal law or immediately thereafter on the scene of the offence ;
148.2.2. if the victim or other witnesses to the act themselves assert that the act provided for in criminal law was committed by this person ;
148.2.3. if clear marks indicative of the commission of the criminal act are discovered on the person's body, on his clothes or on other items he uses, in his home or in his means of transport.

148.3. If there is other information giving grounds to suspect a person of committing an act provided for in criminal law, he may be detained by the preliminary investigator, another official of the investigating authority, the investigator or the prosecutor in the following cases :

148.3.1. if he tries to escape from the crime scene into hiding, or to hide from the prosecuting authority ;
148.3.2. if he has no permanent home or lives in another area ;
148.3.3. if his identity cannot be established.

148.4. In the circumstances provided for in Article 148.1 and 148.2 of this Code, the person may be detained before the start of the criminal case. If no decision to start the criminal case is taken within 24 hours of the person being detained, the person shall be released immediately. Even if this decision is taken, the detention of the person may not exceed 48 hours. The detained person shall be charged within 48 hours of being taken into custody and shall be brought before a court ; the court shall examine the case without delay and decide between arrest as a restrictive measure and release.

Article 149. Apprehension of a person who has committed an offence with the aid of a person who witnessed the act

149.1. If the person committing an offence tries to escape during or immediately after the offence, a witness to the act may assist the prosecuting authority in apprehending the person, as follows :

149.1.1. he may tie up the person’s hands and feet if he resists ;
149.1.2. if the person who committed the offence is thought to have a gun or other dangerous weapon or to be carrying anything else which may be of significance to the criminal case, he may search him and seize these items for presentation to the prosecuting authority.

149.2. If he is not an official of the prosecuting authority, the person apprehending the offender shall immediately call the police, and, if this is impossible, shall bring the detained person to the police by force without delay.

Article 150. Detention of a person to charge him

150.1. If the evidence collected on a criminal case gives grounds to suppose that a person has committed an act provided for in criminal law, and if this person lives in another area or if his abode is not known, the investigator or prosecutor may decide to detain him. If a person hides from the prosecuting authority or intentionally fails to comply with a summons, and it is decided to detain him in order to charge him, the investigator or prosecutor shall at the same time announce a search for him.

150.2. Any official of the preliminary investigating authority, investigator or prosecutor who traces the suspect shall execute the decision to detain him in order to charge him, and immediately afterwards shall inform the investigator or prosecutor who took that decision.

150.3. The detention of the suspect shall not exceed 48 hours before he is charged. Pending the decision on arrest as a restrictive measure, the detained person shall be brought before a court within 48 hours of being taken into custody, and the court shall examine the case without delay and decide between arrest as a restrictive measure and release.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 153. Safeguarding of detainees’ rights

153.1. In the event of detention, the prosecuting authority shall secure the detainee’s rights as suspect or accused, depending on his legal status as provided for in this Code.

153.2. To secure the rights of the detainee, the officials of the prosecuting authority and those in charge of the temporary detention facility shall :

153.2.1. inform the detainee immediately after detaining him of the grounds for detention, and explain to him his right not to testify against himself and his close relatives as well as his right to the assistance of defence counsel ;
153.2.2. take the detainee without delay to the police or other preliminary investigating authority’s temporary detention facility, register the detention, draw up a record and show him the detention record ;
153.2.3. report each instance of detention, immediately after registration in the temporary detention facility, to the head of the appropriate preliminary investigating authority and to the prosecutor in charge of the procedural aspects of the investigation (this information shall be given in writing within 12 hours of detention) ;
153.2.4. secure the right of the person to inform others of his detention immediately after detention (the authority in charge of the temporary detention facility, on his own initiative, shall inform the family members of any detainees who are elderly, under age or unable to do so themselves because of their mental state) ;
153.2.5. provide opportunities for the person, from the moment of detention, to meet in private and in confidence with his lawyer and legal representative under decent conditions and under supervision ;
153.2.6. if the detainee does not have a lawyer of his own, present him with a list of lawyers from the bar association offices in the vicinity of the temporary detention facility, contact the chosen lawyer and create an opportunity for the detainee to meet him ;
153.2.7. if the financial position of the detainee does not enable him to retain a lawyer at his own expense, create an opportunity for him to meet the duty lawyer from one of the bar association offices in the vicinity of the temporary detention facility, at the state’s expense ;
153.2.8. if the detainee refuses the services of a lawyer, receive his written request to that effect (if he evades writing the request, a record to that effect shall be drawn up between the lawyer and the representative of the temporary detention facility) ;
153.2.9. secure the right of any person who does not know the language of the criminal proceedings to use the services of an interpreter free of charge ;
153.2.10. not treat the detainee in a way that fails to respect his personality or dignity, and pay special attention to women and persons who are under age, elderly, ill or disabled ;
153.2.11. take the restrictive measure of arrest in respect of the detainee, and bring him to court in good time in order to ensure that the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release is settled within the time limits provided for in Articles 148 and 150-152 of this Code ;
153.2.12. perform the duties prescribed in Article 161.0.1-161.0.8 and 161.0.10 of this Code.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVII
RESTRICTIVE MEASURES

Article 157. Arrest

157.1. In accordance with the principle of the presumption of innocence, if the connection of the person to the offence committed is not proven, he may not be arrested or unnecessarily detained on remand.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXVIII
QUESTIONING AND CONFRONTATION

Article 233. Questioning of an accused

233.5. Defence counsel shall be entitled to participate in the interview with the accused. The investigator shall take steps in advance to guarantee the participation of counsel in the circumstances provided for in Article 92.3 of this Code. In the circumstances provided for in Article 92.12 of this Code, the participation of defence counsel in the interview of the accused shall be obligatory.

SPECIAL PART

SECTION EIGHT
PROCEEDINGS IN THE COURT OF FIRST INSTANCE

Chapter XLI
GENERAL CONDITIONS GOVERNING COURT HEARINGS

Article 311. Participation of the accused in the court’s examination of the case and consequences of non-attendance

311.1. During the court’s examination of the case, the accused shall participate in all the hearings of the court and shall enjoy the rights provided for in Article 91.5 and 91.6 of this Code.

311.2. A court may examine a case without the participation of the accused only in the following exceptional circumstances :

311.2.1. if the accused is outside the territory of the Azerbaijan Republic and intentionally avoids attendance at court ;
311.2.2. if a person charged with an offence which does not pose a major public threat applies for the charges against him to be examined without his participation, on condition that this does not preclude a thorough, full and objective examination of all the circumstances connected with the criminal prosecution.

311.3. If the court examines the case without the participation of the accused, the participation of his defence counsel in the hearing shall be compulsory.

311.4. Save in the circumstances provided for in Article 311.2 of this Code, if the accused fails to attend the hearing, the court’s examination of the case shall be postponed and the hearing shall be conducted at another time.

311.5. If the accused fails to attend the hearing without good reason, he may be forcibly brought to the hearing by court decision, and if there are grounds for it under this Code, a restrictive measure may be applied to him or an existing restrictive measure may be altered to a more serious one.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.