“We are interested in Further Improving Electoral Code of Azerbaijan: Interview with Secretary of Venice Commission”

– Changes and supplements were made to the Electoral Code and Law on Freedom of Assembly prior to the October presidential election in Azerbaijan. How do you assess use of these laws in the election?
– As to the technical sides of conduct of election, we can say that we are satisfied. The work that we carried out with the Azerbaijani government yielded results. The Central Election Commission (CEC) and its members involved in the election process fulfilled their responsibilities. We rendered a specific assistance through an expert specialized at election right. The expert worked at the CEC for a month and I think it was useful. As you know, there were some critics towards election campaign. In fact, we did not welcome changes to the Electoral Code stipulating reduction in the term of election campaign. This discouraged some opposition leaders to take part in the election. The opposition was not really represented in the election. This is a problem. But, unfortunately, the opposition did not take part in the presidential election. This is not a responsible approach. The election legislation is good enough. It can be further improved. If Azerbaijani government wants, the Venice Commission can continue to work on the Electoral Code in future. As a legislative text, the Code could have enabled to hold democratic and free election. I think the opposition could have attempted to take part in the election. Both the government and opposition should play their own role. The opposition should have gained consensus of voters by taking part in the election. This is my assessment about situation after the election. The Venice Commission is prepared to cooperate with Azerbaijan to improve legislative framework. The legislation in Azerbaijan is going to be improved to a great degree. There is much progress in this respect. But the mentality prevents right introduction of a new legislation.
Law on Freedom of Assembly is a good law, but it was not introduced in a right way. Because there is no point in drawing list of venues of demonstration located far away from the city. This good law needs to be introduced in an appropriate way. This is an additional step to be taken. As a whole, the legislation improves. Measures should be taken to ensure its right introduction. We can begin second stage on improving introduction of laws from the next year.

– Does the commission have a plan on this matter?

– We do not have any plan on this matter. You know well that the Venice Commission never makes anybody adopt anything. We play a role of firemen. We would like to work under calm conditions and in time, but not in critical milestones. We are prepared to cooperate with all member-countries.

– The Azerbaijani Parliament has expressed its readiness to cooperate with the Venice Commission in development of a bill on political parties. Have you received any appeal concerning it?

– I regret for absence of appeal concerning the bill on political parties. I know that there is a bill on political parties, as well as issues on their financing. If the Azerbaijani authorities apply to the Venice Commission on this matter, we will be pleased with working on this bill. I invite the Azerbaijani authorities jointly to work on this bill to meet international standards.

– What do you think, are all political parties financed through the public budget? Which priorities should be preferred in this direction? Does the Venice Commission have any recommendations on this matter?
– It is too early to speak about it. First, it is necessary to pay attention to direction of the Parliament. We can jointly find better solution version. It is impossible to develop a law version, which can be applied everywhere. It is necessary to render legal assistance on size of every country, taking into consideration mentality, traditions and the rest part of the law. I hope Ilham Aliyev will seek to strengthen democracy in Azerbaijan, by holding necessary reforms in the field of legislation and the Constitution, which will meet the European standards, during his second presidency period. I wish President Aliyev to achieve settlement of the Nagorno-Karabakh conflict together with new elected Armenian President Sargisyan. This is the major problem, preventing development of South Caucasus. If this conflict is solved in a better form within the framework of interests of both sides, it will stimulate social, economic and legal development of Azerbaijan and other relevant countries.

– Will the Venice Commission discuss a matter on Azerbaijan at plenary session to be held in December?

– A specific matter on Azerbaijan will not be discussed at the 77th plenary meeting in Venice on 12 and 13 December in 2008. At present We are not working out on drafts concerning Azerbaijan. Therefore, besides Latif Huseynov, a member of the Venice Commission, other officials are not expected to participate in the session. Moreover, we hope, if we receive appeal to work on the draft concerning political parties, we can examine it at a plenary meeting of the Venice Commission in March.

– Is it possible to speak of harmonization of election systems in Europe?
– It depends on what it is implied while saying election system. If the election system is understood as majority or proportional system, no. It is a political issue. Each country is sovereign to select more satisfactory system for itself. The Venice Commission never intervenes in this issue. We have been co-operating with Azerbaijan for long and have never said to adopt majority or proportional election system. It is the sovereign choice of each country, but we can say that the election system that you have selected can be not conforming to the existing situation. We can not prefer one election system to other one. The main fact is that the election system works, covers all political circles and gives an opportunity to obtain accurate results. We go towards not harmonization of the election systems, but harmonization of the processes of organizing elections. We believe we will achieve it one day.
– Council of Europe will continue co-operating with Prosecutor General’s Office of Armenia in several spheres. What are the plans of co-operation with the Venice Commission?
– We co-operated with Armenia with regards to the elections as well. The Electoral Code is satisfactory. Even we worked on the Law on Free Assembly. Despite that this was a god law; unfortunately the March events took place. This law was not accurately introduced. Due to it, we expressed our preparedness for co-operation in holding trainings for administrative bodies and judges. After completing the researches on the accurate introduction of the law, we will determine holding specific trainings and will explain to responsible bodies how to behave and introduce the law.
– Next year is the 60th anniversary of establishment of the Council of Europe. What are your conclusions on work of the organization over 60 years?
– I have been working for the Council of Europe for nearly 40 years. The Council of Europe has developed much during these years. Maybe it needs to consider new roles, positions for the CE after 60 years of its existence. I think important co-operation between the CE and EU in the institutional sphere as well. In addition, the CE can be beneficial not only for playing the rope of PAN European house of all organization member countries, but also for contributing to the neighboring countries of Europe within the EU Neighborhood Policy, and can demonstrate its capability with regards to human rights, legal state and democracy.

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