Constitution of the Republic of Azerbaijan (1995, as amended 2009) (excerpts related to Fair Trial (Right to a)) (English)
The Constitution of the Republic of Azerbaijan
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Article 60. Guarantee of rights and liberties by law court
I. Legal protection of rights and liberties of every citizen is ensured.
II. Everyone may appeal to law court regarding decisions and activity (or inactivity) of state
bodies, political parties, trade unions, other public organizations and officials.
Article 61. Right for legal advice
I. Everyone has the right for obtaining qualified legal advice.
II. IIn specific cases envisaged by legislation legal advice shall be rendered free, at the
governmental expense.
III. Every citizen has the right for the lawyer's advice from the moment of detention, arrest or
accusation with crime by competent state bodies.
Article 62. Inadmissibility of change of legal jurisdiction
Everyone has the right for consideration of his/her case in the law court specified by the
legislation. Case of the person shall not be considered in other law court without the person's
consent.
Article 63. Presumption of innocence
I. Everyone is entitled for presumption of innocence. Everyone who is accused of crime shall be
considered innocent until his guilt is proved legally and if no verdict of law court has been
brought into force.
II. A person under suspicion of crime must not be considered guilty.
III. A person accused of crime does not need to prove his/her innocence.
IV. Proofs received against the law must not be used when administering justice.
V. Nobody may be accused of crime without the verdict of law court.
Article 64. Inadmissibility of repeated conviction for one and the same crime
Nobody may be repeatedly sentenced for one and the same crime.
Article 65. Right for repeated appeal to the law court
Every person convicted by the law court has the right to appeal, as specified by the law, to the
higher law court asking for reconsideration of the verdict and also for pardon and mitigation of
the sentence.
Article 66. Inadmissibility of testifying against relations
Nobody may be forced to testify against him/herself, wife (husband), children, parents, brother,
sister. Complete list of relations against whom testifying is not obligatory is specified by law.
Article 67. Rights of Those Detained, Arrested and Accused charged of a Crime
I. Every person who has been detained, arrested, accused charged of a crime by an authorized
state body shall be informed immediately about his or her rights, and reasons for the detention,
arrest, and institution of criminal proceedings shall be explained.
II. Every person accused of a criminal offence shall be heard before being sentenced.
Article 68. Right for compensation of losses
I. Rights of the person suffered from crime and also from usurpation of power are protected by
law. Suffered person has the right to take part in administration of justice and demand for
compensation of losses.
II. Everyone has the right for compensation by the state of losses borne as a result of illegal
actions or non-action of state bodies or their officials.
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