of April 15, 2011
About interpretation of Articles 28. 2, 28.3, 29.3 of the Law of the Azerbaijan Republic "About mental health services" and Articles 98. 1, 99 Criminal Codes of the Azerbaijan Republic
Name of the Azerbaijan Republic
Plenum of the Constitutional Court of the Azerbaijan Republic as a part of Farkhad Abdullaev (chairman), Sona Salmanova, Fikret Babayev, Sudaby Gasanova, Dzheykhuna Garadzhayeva (judge-speaker), Raphael Gvaladze, Iza Nadzhafova and Kamran Shafiyev
with participation of the court secretary Ismail Ismailov,
representatives of the interested subjects - the chairman of Sabunchinsky district court of the city of Baku Ilgar Abbasov, the senior consultant of Department Administrative and the Military Zakonodatelstva of the Device "Millie of Majlis" of the Azerbaijan Republic Gurban Mamedov and the declarant's representative Sudzhayat Gamid of Khalilova's kyza,
the expert - the head of the department of the Criminal law and criminology of law department of the Baku State University, the doctor of jurisprudence, professor Firudin Samandarov;
the specialist - the chief psychiatrist of the Ministry of Health of the Azerbaijan Republic, the head of the department of Psychiatry of the Azerbaijani Medical University, the doctor of medical sciences, professor Geraya Geraybeyli
according to parts V and VI of article 130 of the Constitution of the Azerbaijan Republic considered on proceeding in open court according to the procedure of special constitutional legal proceedings the constitutional case on the appeal of Sabunchinsky district court of the city of Baku and S. Khalilova's claim.
Having heard the report of the judge J. Garadzhayev, speech of representatives of the interested subjects and the specialist, opinion of the expert on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:
The Sabunchinsky district court of the city of Baku in the address to the Constitutional Court of the Azerbaijan Republic asks to give interpretation to Articles 28. 2, 28.3 and 29.3 Laws of the Azerbaijan Republic "About mental health services" (further the Law "About Mental Health Services") of June 12, 2001 from the point of view of articles 98.1 and 99 of the Criminal Code of the Azerbaijan Republic.
At the same time in production of the Constitutional Court the claim of the citizen S. Khalilova with the requirement about check of compliance of articles 28.2 and 29.3 of the Law "About Mental Health Services" of the Constitution of the Azerbaijan Republic (further the Constitution), to interstate agreements which party it is, and about recovery of the violated rights was accepted.
In the address it is specified that the decision of Binagadinsky district court of the city of Baku of April 8, 2009, S. Khalilova because of making of the criminal act in condition of diminished responsibility specified in article 132 of the Criminal Code was exempted from judicial liability and punishment, in its relation legal prosecution was stopped and the decision on its room in psychiatric hospital of general type for forced treatment was made. This decision was left without change by the decision of Criminal Board of the Baku Appeal Court of August 14, 2009, and the writ of appeal made about the decision of Appeal Court by the Resolution of the Supreme Court of the Azerbaijan Republic of November 24, 2009 is satisfied. After inspection, based on the conclusion of the Center of Forensic-psychiatric Examination of the Ministry of Health of the Azerbaijan Republic of December 30, 2008, S. Khalilova since November 24, 2009 was placed in psychiatric hospital of general type of the 1st Republican Lunatic Asylum for receipt of forced treatment with the diagnosis "chronic nonsense".
The medical and consulting commission of the 1st Republican Lunatic Asylum having conducted repeated psychiatric examination of S. Khalilova on May 29, 2010, came to conclusion that it shall continue forced treatment in psychiatric hospital of general type.
S. Khalilova's representative, having appealed on July 9, 2010 to Sabunchinsky district court of the city of Baku according to requirements of Articles 296-300 of the Civil Procedure Code of the Azerbaijan Republic (further GPK), specified groundlessness of the conclusion of the medical and psychiatric commission of the 1st Republican Lunatic Asylum of May 29, 2010 about prolongation of forced treatment of S. Khalilova in psychiatric hospital of general type, according to article 97.2 of the Criminal Code. Having satisfied with the decision of Sabunchinsky district court of June 25, 2010 the petition of the chief physician of hospital, forced treatment of S. Khalilova in psychiatric hospital of general type was prolonged. The petition for appeal made about this decision was not satisfied with the decision of Criminal Board of the Baku Appeal Court of August 5, 2010.
In the address and the claim are specified that psychiatric inspection of S. Khalilova was performed by the "medical and consulting commission" created by administration of medical institution instead of the "medical and psychiatric commission" provided in article 28.3 of the Law "About Mental Health Services". The chairman of this commission, as a rule, is the chief physician of medical institution. However, the collegiate organ with the name "medical and consulting commission" is not provided in the legislation of the Azerbaijan Republic.
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