According to Azerbaijan's Criminal Procedure Code, the detention of a person suspected of committing a crime cannot exceed 48 hours. Within 48 hours, the detained person must be formally charged, and if the prosecutor files a motion for detention, the person must be brought before the court, which should promptly hear the case and decide either to impose a detention measure or release the individual.
Experience shows that sometimes the investigative body brings the detained person to court very close to the end of the 48-hour period. The court, however, must issue its decision before the term expires. Thus, the court is forced to examine the case in an extremely short time, which in some cases results in decisions being made without a complete and thorough investigation.
Medianews.az reports that taking all this into account, the Plenum of the Constitutional Court of Azerbaijan has concluded that there is a need to divide the 48-hour period between the investigative bodies and the courts in order to objectively and comprehensively examine the issue of imposing detention measures.
In its decision issued on April 17, the Plenum recommended to the National Assembly to improve legislation in this direction and carry out a reasonable time allocation within the 48-hour period.
The decision notes that in the practice of several foreign countries, this issue is regulated precisely by legislation. For instance, in Russia, as in Azerbaijan, detention of a suspect without a court decision cannot exceed 48 hours. However, according to Russian legislation, if a motion is filed regarding the suspect, the investigative authority must apply to the judge no later than 8 hours before the expiration of the 48-hour detention period.
Kazakhstan also has a similar time distribution. In Kazakhstan, the detention period of a person suspected of committing a crime cannot exceed 72 hours. But, as in Russia, the prosecutor in Kazakhstan must submit a motion to the judge for the selection of a detention measure no later than 8 hours before the expiration of the detention period.
The Plenum of the Constitutional Court believes that Azerbaijan too should split the 48-hour period between investigative and judicial bodies. This is only possible through an amendment to the legislation, i.e., it is within the authority of the National Assembly.
Thus, the decision adopted by the Plenum of the Constitutional Court on April 17 signals that the 48-hour period set for the selection of detention measures in the country will be divided between investigative bodies and courts, and that a new draft law in this area will be prepared.
It should be reminded that the decisions of the Plenum of the Constitutional Court are final and cannot be annulled, amended, or officially interpreted by any body or person.
Toğrul Ali,
Medianews.az