GRECO: PRESIDENT AND MEMBERS OF THE EXECUTIVE OF AZERBAIJAN EXERCISE CONSIDERABLE INFLUENCE ON LEGISLATURE AND JUDICIARY

14:03 07/04/2015 >> LAW

Eliminating undue influence and political interference are
crucial for preventing corruption within the legislature and the
judiciary in Azerbaijan, reads the Council of Europe’s Group of
States against corruption (GRECO) Report on Azerbaijan dealing
with corruption prevention in respect of members of parliament,
judges and prosecutors. The report is published on the website of
the organization.

“Although the principles of independence and the separation of powers
are enshrined in the Constitution and key laws of Azerbaijan, the
institutional set up grants particularly strong powers to the President
and members of the executive, who exercise considerable influence
on the legislature and the judiciary, including the Prosecutor’s
Office. This environment lacks transparency and is prone to political
favouritism and corruption,” the report reads.

According to the report, allegiance to the executive is common to the
three professional groups under review. MPs belong to or support the
party led by the President. A weak opposition is characteristic of the
political system. This and the restrictions imposed on parliamentary
debates significantly limit the legislative process. Judges and
prosecutors are directly or indirectly appointed by the President,
while the Judicial Legal Council – the key judicial self-governing body
– is subordinated to the Ministry of Justice. Such a framework can
create opportunities for undue influence and political interference
in the independent functioning of the legislature and the judiciary,
eroding institutional checks and balances and generates significant
corruption risks.

Another factor which is characteristic of the above-mentioned groups
is the lack of controls on accessory activities and asset disclosure.

The law on asset disclosure adopted in 2005 is still not enforced. It
provides for sealed, confidential asset declarations. Moreover,
information on company organizational structures and ownership was
withdrawn from the public domain in 2012. Building accountability
of individual MPs, judges and prosecutors and their respective
institutions appears to be problematic also in the context of
restrictions on and self-censorship of the media, the report reads.

Related:

CoE urges: Azerbaijan is not active enough in anti-money laundering
and counter-terrorist financing system

Armenia is again ahead of Azerbaijan in Corruption Perceptions Index
according to Transparency International