Azerbaijan - Council of Europe

The Republic of Azerbaijan is a full member of the Council of Europe since January 25, 2001, and participated in the work of the Council of Europe in the status a special guest since June 28, 1996.

The Council of Europe is an organization which carries a consistent and purposeful work for democratic transformations in Azerbaijan.

Participation of the Republic of Azerbaijan Republic in the work of the Council of Europe in the status of a special guest since June 28, 1996, enabled it to develop an effective mechanism for improving the national legislation to the level of the European standards. Instructions signed by the President of the Republic of Azerbaijan Heydar Aliyev “On the implementation of the measures of the program of cooperation between the Council of Europe and the Republic of Azerbaijan” on July 8, 1996, “On the measures aimed at expanding cooperation between the Council of Europe and the Republic of Azerbaijan” on January 20, 1998, “On the measures for expanding cooperation between the Council of Europe and the Republic of Azerbaijan and for protecting the interests of the Republic of Azerbaijan in the Council of Europe” on May 14, 1999, laid the foundations for increasing the efforts for the admission of the country to the Council of Europe and for its purposeful activity.

These instructions recommended to study and adapt the Criminal, Criminal- Procedure, Civil and Civil Procedure Codes of the Republic of Azerbaijan to the European standards and norms, to study the opportunity of joining to a number of conventions and agreements of the Council of Europe. In accordance with the recommendations these codes and nearly all the laws related to the law-enforcement agencies have been adopted by the parliament of the Republic of Azerbaijan. Amongst them the most important laws and acts as the laws “On the Constitutional Court”, “On Courts and Judges”, “On Police” can be shown. And the judicial system has been completely reconstructed and a three-instance judicial system has been established. The penitentiary system of Azerbaijan has been adapted to international standards.

The Republic of Azerbaijan has taken serious steps in different areas becoming a member of the Council of Europe. One of these steps was measures in the field of humanization of criminal policy and abolition of death penalty in the country. On February 3, 1998, President of the Republic of Azerbaijan Heydar Aliyev appealed to the parliament for the abolition of death penalty. He expressed the opinion of abolishing death penalty in the country guided by high ideals, such as, justice, freedom and humanism, thoroughly analyzed the criminal law policy and substantiated the importance of this historic declaration. The parliament supported his proposal for the abolition of death penalty. Thus, the national leader Heydar Aliyev adopted a decisive and humanist decision for the abolition of death penalty in the East for the first time.

The main amendments to the acts of legislation related to the humanization of the crime policy and, especially, amnesty related to the 50th anniversary of the Council of Europe issued in December, 1998, were important steps for the admission Azerbaijan to the Council of Europe.

In order to expand the measures for the further development of democracy in the country, the national leader Heydar Aliyev issued a decree “On the measures for ensuring human and civil rights and freedoms” on February 22, 1998. It determined the direction and conception of measures for being implemented into life in the field of human rights and raised to the state level. To increase the effectiveness of measures in the field of protection of human rights relevant to the particular development stage of Azerbaijan “The state program on the protection of human rights” provides the institution of a Research Institute, the improvement of legal mechanisms, the further development of cooperation with international organizations, training of specialists able to comply with their obligations and implementation of their duties.  The philosophy of this fundamental document reflected all the opportunities for the citizens to enjoy the rights fixed in the Constitution. In this regard, several important laws were adopted and flexible legal mechanisms were determined for the ensuring the rights stated in the Constitution.

As a result of close cooperation between the Republic of Azerbaijan and the Council of Europe, one of the obligations of our country undertaken before the organization and fulfilled in time in accordance with the opinion No.222 (2000) of PACE was taken in the field of the  freedom of media in the country. In accordance with these obligations the law “On mass media” was adopted in December, 1999, and censorship on mass media was abolished by this law.

It should be noted that over 1600 laws, resolutions and other legal acts were adopted in accordance with the European standards and requirements of international legal norms by the Republic of Azerbaijan in 1996-2004.

The Committee of Ministers recommended the Republic of Azerbaijan for being elected a full member of the Council of Europe in the next session of PACE on June 28, 2000.

Finally, the Republic of Azerbaijan was adopted as a full member to the Council of Europe in January, 2001 and thereby, the diplomacy of Azerbaijan won a great victory in the struggle for integrating into Europe, for joining the European integration processes.

While joining the Council of Europe, Azerbaijan developed its own national program not only for fulfilling its democratic transformation obligations, but also for benefitting from the opportunities of the Council of Europe as its full member in future. This program includes the followings: 

To deliver the Azerbaijan realities to the European community, to expose the Armenian aggression, to recognize the fact of occupation of 20% of the Azerbaijani territory by Armenia, to solve the conflict peacefully bye preserving the territorial integrity of the country;

- To integrate into this community assuming the European values in order to continue the work of democratic, civil state construction, to strengthen and develop the independence;

- To provide the fulfillment of certain obligations, development of civil society and protection of human rights in order to continue the  reforms in the establishment of democratic state; 

- To use the tribune of the Council of Europe in order to disseminate information about the aims and objectives of the country.

In order to ensure a more reliable protection of human and civil rights and freedoms in Azerbaijan, a constitution law was adopted “On the Commissioner (Ombudsman) on human rights of the Republic of Azerbaijan” by the parliament on December 28, 2001 and  the institution of the ombudsman was established for the first time in the country.

The convention “On the protection of human rights and main freedoms” and its protocols No.1, 4, 6 and 7, which are the main document of the Council of Europe were ratified by the parliament of the Republic of Azerbaijan, dated December 25, 2001.

The national Leader Heydar Aliyev noted that “admission Azerbaijan to the Council of Europe is not only the recognition of an independent, sovereign, democratic, secular state, but also the beginning of a new stage in the development of Azerbaijan as an equal member of the European family”.

The activity of the Azerbaijani delegation in PACE was particularly successful. The delegation led by Ilham Aliyev, Member of the Parliament in 2001, had an important role in achieving the success. Namely, due to the result of diligence and decisive activity of Ilham Aliyev, PACE adopted a resolution on the solution of the Armenian-Azerbaijani conflict over the Nagorno-Karabakh within the frames of the territorial integrity of Azerbaijan, on September 24, 2001. Election of Ilham Aliyev a vice-chairman and member of the bureau of PACE in the winter session of PACE in 2003 paved the way for the further consolidation of the position of Azerbaijan in the Council of Europe. The delegation of Azerbaijan in PACE headed by Ilham Aliyev developed over 30 documents containing thee truth related to the aggression of Armenia against Azerbaijan and disseminated them in the Council of Europe.

On the basis of the report developed MP David Atkinson from Great Britain, on January 25, 2005, PACE adopted the resolution No.1416 “On the conflict over the Nagorno-Karabakh for the solution of which the Minsk Group of OSCE was involved”.

Occupation of the foreign territory by a member state was reported as a gross violation of the obligations undertaken by the same state as member of the Council of Europe. It recognized right of the displaced persons to return home in safety and dignity.

At the meeting of the Committee of PACE on Social Issues, Health and Sustainable Development, in Nicosia on May 12, 2014, a rapporteur was appointed on the basis of the draft resolution submitted by the Azerbaijani delegation “On the intentional deprivation of water of the civilian population in the frontline districts of Azerbaijan” related to Sarsang Water Dam of Azerbaijan under occupation.  President of the Republic of Azerbaijan Ilham Aliyev met Ms. Ann Brasör, chairwoman of the Parliamentary Assembly of the Council of Europe in Strasbourg during his working visit to France on June 24, 2014. They discussed the current state and prospects of cooperation between Azerbaijan and PACE. They exchanged views on the works done in the sphere of human rights and democratization in Azerbaijan, as well as, on the measures for being implemented during the presidency of Azerbaijan in the Committee of Ministers of the Council of Europe. President Ilham Aliyev met Törbörn Yaqland, Secretary-General of the Council of Europe. On the same day the Azerbaijani President took the floor at the Parliamentary Assembly of the Council of Europe. He, characterized the election of Azerbaijan as the chair of the Committee of Ministers of this organization as a responsibly duty, stressed to do everything necessary to make a significant contribution to the supremacy of law and common values of democracy.

The President said: “Joining the Council of Europe was our thoroughly thought-out choice, because we wanted to be a member of this organization for expanding the reforms. Certainly, we knew that by joining the Council of Europe will undertake obligations. We were ready for them. So far, we fulfill our obligations.”

A resolution was adopted on the development of a report “On the increase of tension in the Nagorno-Karabakh and other occupied territories of Azerbaijan” at the meeting of the Bureau of PACE dated September 02. 

Essay was last updated on 25 November 2014.