MURAD SADADDINOV: "PACE MONITORING SYSTEM IS IN A STATE OF CRISIS TODAY.

Today.Az
June 30 2008
Azerbaijan

It is unable to ensure fulfillment of basic principles of the European
convention of human rights"

30 June 2008 [10:51] – Today.Az

Day.Az interview with Murad Sadaddinov, co-chairman of the Fund for
Protection of Democratic and Human Rights.

– Do you think the PACE resolution "On functioning of democratic
institutions in Azerbaijan" was balanced?

– First of all I would like to note that I attended the June session by
invitation of the PACE secretary general at the conference "Democracy
in Europe and problems of migration", where we discussed and presented
our recommendations on two reports, adopted in PACE on June 25.

In the framework of the conference I watched the debates while
discussing the report on functioning of democratic institutions
in Azerbaijan.

For several years we have not faced anything new in the PACE adopted
documents. We see here a certain format formed in such kind of
materials. As British Parliamentarian Mr. Hankock said during the
discussions, the name of the country can be changed to match other
countries as well.

In general, there are moments on which I agree and there are some
I can not agree. But the report is not the critical one. Today the
most important issue is that the countries, monitored by PACE, got
used to these documents and do not settle existing problems. PACE
monitoring system is in a state of crisis today. It is unable to
ensure fulfillment of basic principles of the European convention of
human rights in the CE member-states.

PACE mainly uses two opportunities to influence the countries. First
to persuade the government to adhere to certain recommendations by
way of a dialogue between rapporteurs and other high ranking persons
of PACE and second-by way of discussions of the country’s commitments
at a plenary session.

I consider that PACE needs urgent reforms in the monitoring system. It
is wrong to entrust the face and problems of a state to two deputies.

They are physically unable to do it and even so more they are replaced
from time to time. Unfortunately, there are some people, who aren’t
able to analyze and settle these problems due to their professional
capacities and experience. For this purpose, it is necessary to create
a permanent structure of PACE, which would study problems in the
countries subjected to monitoring, in a deep and consistent manner,
and work out serious recommendations and, even so more, the ways of
their implementation, as today the problem lies in the absence of
mechanisms for implementation of basic principles of the European
Convention of Human Rights on the whole area of the Council of Europe.

– Do you think the Azerbaijani government will take the resolution
seriously? Do the authorities intend to take PACE recommendations
into account?

– The Azerbaijani government has already worked out the system of
relations with PACE long before and I think it will adhere to those
point with are acceptable and everything will remain the same with
moot questions.

– The adopted resolution calls on the Azerbaijani leadership to free
the three reporters and five "political prisoners". Do you think the
authorities will undertake this step?

– The authorities will free these prisoners sooner or later, but
the adopted resolution will not be a key factor in this issue. The
working rapporteurs failed to create necessary trustful relations with
the country’s government and to persuade them to free the reporters,
as it was previously done by PACE rapporteurs George Clearfate and
Malk Bruce.

– Secretary of the CE Venice Commission Janni Bukikkio announced that
if presidential elections in Azerbaijan are not democratic, PACE may
apply sanctions towards Azerbaijan. Do you think these announcements
are real?

– Venice Commission is a consultative body, providing legal
recommendations to the CE member-states, considering the basic
principles of the Council of Europe and it is incorrect for the head
of this structure to make announcements on behalf of PACE.

What PACE will do by results of elections is a prerogative of the
parliamentary assembly and its authorized persons. Perhaps, it is
primarily necessary to consider the reaction at the recent elections
in Russia and Armenia. Armenian opposition is still in jail are there
are victims, but PACE gives time until January. In my opinion, the
arrested will spend their time in jail until at least the end of the
year and murders will escape justice. It is not a secret that PACE
is not able to cope with the task, set before it in this sphere.

– The PACE resolution fixes support to internationally recognized
borders of Azerbaijan and demands the immediate withdrawal of Armenian
troops from the occupied lands. How did Armenian delegation react to
such announcement?

– The reaction was unambiguous and representatives of the Armenian
delegation worked our and proposed several amendments to the final
document on exclusion of the aforementioned moments, which were not
supported among the majority of PACE delegates. They spoke referring
to the nation’s right for self-determination.

How many times can a nation self-determine, if there is a separate
state of Armenia. Will new states emerge in places where Armenians
reside? If we apply this principle to other peoples throughout the
world, we will have an absurd. On the basis of these principles,
we can attain recognition of several quarters or houses as states.

Or references to the so-called "return of the territories of Great
Armenia". If we imagine hypothetically the existence of such a state,
basing on this "logic" it is necessary to return the Balkan peninsula
to Turkey, Near East to Greece, Eurasia to Mongols (but before it, to
decide to whom it belongs more- to Mongols or Tatars). If seriously,
Armenians should take lessons from the situation, nationalists led
them to, disavow senseless territorial claims against its neighbors and
ponder over their future. It is evident that Armenia has self-isolated
from all perspective projects in our country. The country should live
for future not for past.

Otherwise, Armenia’s position in PACE and other international
organization will weaken day by day.