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.

Article 54
Duties and powers of the Prosecutor with respect to investigations
3. The Prosecutor may:
(e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
(f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.

Article 72
Protection of national security information
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.

Article 73
Third-party information or documents
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.