GIOVANNI BUQUICCHIO: "AZERBAIJANI PARLIAMENT SHOULD ADOPT CHANGES TO THE ELECTORAL CODE BY THE YEAR END"
Azeri Press Agency, Azerbaijan
Sept 27 2007
"It is possible to think of making changes to the Azerbaijani
Constitution sometime"
Secretary of the Venice Commission Directorate General I (Legal
Affairs) Council of Europe Giovanni Buquicchio’s interview to APA
– Which amendments have been made to the Azerbaijani legislation as
a result of the cooperation with the Venice commission?
– We started cooperation in 1996 with Azerbaijan and our first activity
concerning Azerbaijan was the establishment of Constitutional Court
in 1998. We gave our recommendation to the draft law submitted by the
Azerbaijani government on the establishment of the court. Aftermath
we were appealed to give references on the Constitution of Nakhchivan
AR. We played a role in the foundation of Ombudsman Institute in
Azerbaijan in 2001. As you know Ombudsman is a very important body in
protecting human rights. Moreover, some examinations were implemented
so that Constitutional Court could accept the complaints individually
and, hence we made Constitutional Court somewhat more powerful. Not
once we showed our attitude to the human rights and fundamental
minorities, government-parliament relations, laws ensuring the
political parties’ activity within the framework of our cooperation. We
started to work on the New Electoral Code of Azerbaijan in 2000 with
the request of the Azerbaijani side.
We have been reviewing the paperwork since 2005 to conform it to the
European standards. Works are underway. We have started to revise
draft law on "Freedom of Assembly" recently. These two laws play a
very important role before the 2008 presidential elections. I really
want these elections to be up to all international standards and be
recognized by international community. Two significant elements should
be around to hold such elections: first off, a firm legislative basis
and second off political will. I want the 2008 presidential elections
to become a model both for the region and Europe. Azerbaijan and its
citizens should be interested in it.
– You stress the importance of "political will’ despite being
a lawyer…
– I am an optimist man ad can not but hope for the best. It is
impossible to think that Azerbaijan is not able to hold normal
elections. The time will come when Azerbaijan will also hold
transparent elections like European countries. I hope that it will
happen in 2008. Actually Azerbaijan is a little bit late in this
matter and the council of Europe and PACE denounced the elections in
Azerbaijan after its accession to the Council of Europe. It is high
time to show political will in order to hold transparent elections.
The government should put forth political will to eliminate
falsification in the elections and the electors in their turn should
demonstrate political culture. Because the falsifications are made not
only by the officials but also by the electors sometimes. These two
elements should be taken into consideration. You should demonstrate
to the whole Europe you are able to hold transparent elections proudly.
– On what laws does Venice Commission intend to negotiate with
Azerbaijan except for Electoral Code and "Freedom of Assembly"? These
two laws are very important for now. Law on "Freedom of Assembly"
should be perfect to run pre-election campaign.
– The law was adopted in 1999. Azerbaijani government decided just
to improve it. Some relevant activities have already been carried out.
We received a draft law from Azerbaijani government to review several
days ago. We hope that new text will entail our recommendations
submitted during our June meeting and presented to the parliament
by the year end. Speaking of our further activity, I can say that
we are ready to work together. We are ready to cooperate with any
country including Azerbaijan. We do not decide or propose to make
changes to any law. If Azerbaijan puts forth any proposal we will
be glad to cooperate within the framework of our authority. It is
possible to think of the changes to the Constitution sometime.
– What articles of the Constitution could be changed?
– I think it would be expedient to strengthen parliament’s role
in the legislative sphere. Moreover, it would be better to improve
balance among three branches of the power. As for the court system,
our observations in Azerbaijan as well as in other European countries
show that it is essential to ensure the real independence of court
authorities.
– Did Azerbaijan undertake any commitments when joined the Venice
Commission?
– No country undertakes commitments when joins the Venice Commission.
We are not responsible for monitoring, we are responsible for talks.
Monitoring and observations are up to the PACE and Ministers’
Committee. Case if any country appeals to us to help them to make
their legislative system better we just give advice or proposals.
PACE and CE Ministers’ Committee can also appeal to us with request.
Azerbaijan undertook some commitments when joined these
organizations. And these bodies appeal to us to control how these
countries respect commitments though checking any law’s compliance
with needed standards.
– You mean Venice Commission can impact through the mentioned bodies?
– Azerbaijan undertook some commitments when joined the Council of
Europe, PACE can ask us the necessity of the adoption of some law
coming from the commitment. We in our turn after reviewing the law
let the PACE know if the paperwork meets international standards
or not. The PACE can take some measures if the law does not meet
these standards.
– What will be the results of talks to be held between Venice
Commission and Azerbaijan in November? Are you satisfied with the
negotiations?
– We need to achieve results till the presidential elections, it
would be better if they are achieved before 6 months. I would better
if some results are achieved before. I regard that Parliament will
adopt amendments in Election Code till the year end or at least till
the beginning of the next year. It does not only concern election
legislation, but law on Freedom of assembly. These two laws complete
each other. These laws can be efficient for holding elections well.
We are satisfied with the period for solving these issues at present.
Two roundtables will be held in Baku on November 7-9. One of them
is related with the Central Election Commission and composition of
election commissions, the other solution of the conflicts arising from
the results of elections. All the interested political forces of the
country will participate in the meetings to be held in Baku. We will
complete our work till late November so that Parliament can look
through new draft in December. As to your second question, I can
say that we are satisfied with the talks. Two issues remain unsolved
yet-formation of composition of election commissions and electoral
complins and appeals. The other issues were amended and agreed, and
these amendments are satisfactory. There are political aspects in
the issue concerning election commissions. We should find solution
which will be adopted by all political forces, as well as electors.
Solution of the election disputes is also important. These disputes
should be solved soon and clearly. For example, if candidate or elector
complains to election commissions after elections, these complaints
should be considered soon.
– Can talks between Azerbaijan and Venice Commission become intensified
due to presidential elections?
– We had good relations with our Azerbaijani counterparts. If there are
other proposals, we are ready to continue our work. The organization
of two roundtables in Baku shows intensification of the talks. The
meeting on "freedom of assembly" will be organized in November. Venice
Commission is due to adopt to adopt a opinion regarding this law after
this meeting on December 15. Parliament should adopt this law later on.
– Will Venice Commission observe presidential elections in Azerbaijan?
– Venice Commission does not observe elections, this issue concerns
authority of other bodies. But we can assist Central Election
Commission. For example, we can send our experts to CEC before and
before elections. We have carried out such experience in several
countries.
– When do you plan to visit Azerbaijan?
– The sooner the visit takes place, the better it is. I love this
country very much. Conference on Constitutional Court had to be held
in Baku in November and I had to participate in that conference. To
my regret, the conference was rescheduled to next year. Azerbaijan
Constitutional Court will mark 10th annual next year and therefore I
will visit Azerbaijan next year. I will probably visit the region and
I will visit Armenia for attending the conference conducted by Armenian
Constitutional Court next week. I will visit Georgia early in November
and participate in conference organized by Constitutional Court.