On December 6, a roundtable discussion was convened at the initiative of the Center for Legal Expertise and Legislative Initiatives (the Center) and the Institute of Law and Human Rights (the Institute) to examine the draft Scientific and Practical Commentary to the Law of the Republic of Azerbaijan, ‘On Ensuring the Rights and Freedoms of Persons Confined in Places of Detention’.

The event, held in commemoration of International Human Rights Day on December 10, commenced with an opening speech by the Executive Director of the Center, Mr. Samir Mahmudov. In his remarks, Mr. Mahmudov extended his greetings to the participants and underscored the critical importance of the event. He emphasized the necessity of legislation that meets contemporary standards for the protection of human rights and freedoms, further highlighting the indispensable role such initiatives play in advancing the legal framework and enhancing society’s legal literacy.

Samir Mahmudov further emphasized that the objective of this project transcends the provision of scientific and practical interpretations of legal norms. It also aims to deepen the understanding of the protection of the rights of persons confined in detention facilities within society, particularly amongst law enforcement agencies and the general public. The Executive Director highlighted that the adoption of such legislation plays a fundamental role in fostering constructive dialogue between law enforcement authorities and citizens while also advancing the development of practical solutions for safeguarding human rights.

The Commissioner for Human Rights of the Republic of Azerbaijan (Ombudsman), Mrs. Sabina Aliyeva, in her address, underscored the significance of developing a scientific and practical commentary on the Law of the Republic of Azerbaijan ‘On Ensuring the Rights and Freedoms of Persons Confined in Places of Detention’. She commended the Institute’s contributions to this initiative, emphasizing that such commentaries serve to clarify the underlying principles and substance of legislative processes and are intended to benefit both the legal community and a general audience. The Ombudsman further highlighted that these resources hold considerable significance in raising public awareness and fostering a more informed understanding of legal principles.

She underscored the vital importance of scientific and practical commentaries and resources in addressing recurring questions and practical challenges associated with specific and complex normative acts within the legal domain. During her speech, it was further highlighted that the project under discussion is distinguished by its comprehensiveness and its incorporation of national and international legal instruments, judicial precedents, and best practices from foreign countries. Sabina Aliyeva emphasized that the expansion and systematic updating of such information in accordance with current legislation would bring significant benefits to society. She also stressed that the Law ‘On Ensuring the Rights and Freedoms of Persons Confined in Places of Detention’ serves as a foundational document guiding the activities of the Ombudsman and is subject to ongoing monitoring for its practical implementation. Mrs. Aliyeva further remarked that the calls and recommendations issued by the President of the Republic for the more effective deliberation of matters pertaining to human rights and freedoms define the primary strategic priorities of the Ombudsman’s activities. Acknowledging the substantial attention devoted by the Head of State to this area, Sabina Aliyeva commended the initiatives undertaken by the Institute of Law and Human Rights in promoting the protection of human rights and freedoms. She also expressed the view that further refinement of the commentary in specific areas would be highly advantageous.

Subsequently, the Chairman of the Board of the Institute of Law and Human Rights, Mr. Mahammad Guluzade, addressed the participants, providing an overview of the significant initiatives and ongoing projects undertaken by the Institute. He underscored the critical importance of the Institute’s activities in advancing the promotion and protection of human rights. The Chairman expressed confidence that the draft commentary prepared by the Institute would represent a substantial contribution to the development of legal practice and broader legal framework, while also serving as an effective practical guide for legal professionals, government officials, and other stakeholders. He further emphasized that the preparation of the commentary on the Law, comprising 50 articles, involved six months of dedicated effort by 14 legal researchers from the Institute. Additionally, Mr. Guluzade highlighted that the Institute had submitted several recommendations aimed at enhancing the provisions of this Law, expressing his belief that such legal resources would positively influence the advancement of national legislation.

The Vice Chairman of the Board, Mr. Vafaddin Ibayev, delivered a comprehensive overview of the purpose, structure, and content of the commentary, addressing the identified gaps within the applicable Law. Mr. Ibayev also informed the attendees that the development of the commentary involved extensive use of international legal instruments and judicial rulings, further enriching its content and practical applicability.

The event was attended by distinguished representatives from the Office of the Ombudsman, the Milli Majlis, the Prosecutor General’s Office, the Supreme and Constitutional Courts, the Judicial-Legal Council, and the Bar Association. In addition, the event saw participation of academicians from various higher education institutions, representatives of non-governmental organizations (NGOs), and members of the media.

The event concluded with a constructive exchange of proposals from roundtable participants pertaining to the refinement of the commentary.