Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 11, 1998 No. 585-IG

About the state protection of persons who are involved in criminal trial

(The last edition from 01-02-2018)

Chapter 1. General provisions

Article 1. Purpose of the law

This law determines the system of measures providing safety and social protection of the victims, witnesses on criminal case and other persons who are involved in criminal trial.

The security measures determined by this law are applied if it is impossible to ensure safety of the above-stated persons other means.

Article 2. Legislation on providing with the state protection of protected persons

The legislation on providing with the state protection of protected persons consists of the Constitution of the Azerbaijan Republic, this law and other legal acts of the Azerbaijan Republic.

Article 3. Persons protected by the state

Person on whom authorized state bodies make the decision on application to it of security measures is called the protected person.

Following belong to protected persons:

1. The person who reported in law enforcement agencies about crime or participating in identification, prevention or disclosure of crime;

2) Person which was injured on criminal case, his legal representative and the representative, the special prosecutor and his representative;

3) the Suspected or accused person, their defenders and representatives;

4) Civil claimant, civil defendant, their legal representatives and representatives;

5. Witnesses;

6. Expert, specialist, translator and witnesses.

Security measures can be applied also to close relatives of protected persons in cases of rendering impact on these close relatives for the purpose of rendering pressure on protected persons.

Article 4. Safety of protected persons

Safety of persons provided in article 3 of this law consists of carrying out legal, organizational and technical and other measures by authorized state bodies for the purpose of protection of life, health and property of these persons.

Article 5. Principles of safety of protected persons

Safety of protected persons is performed on the basis of legality of the security measures determined by this law, respect of rights and freedoms of man and citizen, obligations of the body applying security measures and protected persons.

Article 6. The bodies ensuring safety of protected persons

The bodies ensuring safety are following:

1. Organa, made the decision on application of security measures;

2. The bodies performing security measures on the basis of this decision.

The decision on application of security measures is made on protected persons by the body performing criminal procedure according to the procedure, established by the criminal procedure legislation of the Azerbaijan Republic. Implementation of security measures concerning the protected person is entrusted by this decision to relevant organs of the executive authority.

Chapter II. Security measures

Article 7. Types of the security measures applied concerning protected persons

There are security measures of the following types:

1. Protection of the protected person, its apartment and property;

2. Issue to the protected person of special individual remedies, its warning of the existing danger;

3. Temporary accommodation of the protected person in the safe place;

4. Respect for privacy of data on the protected person;

5. Transfer of the protected person to other work, change of the place of its work or study, its resettlement to other residence;

6. Change of documents of the protected person and its appearance;

7. Carrying out according to the procedure, determined by the legislation, the closed judicial session in cases of participation in it of the protected person.

Rules of application of security measures are determined by this law and other legal acts of the Azerbaijan Republic.

Article 8. Protection of the protected person, its apartment and property

In necessary cases the bodies ensuring safety apply security measures to bodyguard of protected persons, to protection of their apartment and property.

With the consent of protected persons of their apartment and property can be supplied with means of fire safety and the alarm system, numbers of phones used by them and signs of state registration of vehicles can be changed.

Article 9. Issue to the protected person of special individual remedies, its warning of the existing danger

In case of existence of real threat of life and to health of protected persons according to the legislation of the Azerbaijan Republic can be issued to them office or civil weapon and besides they shall be warned about danger.

Article 10. Temporary accommodation of the protected person in the safe place

In necessary cases the protected persons which reached age of majority from their consent, and persons which did not reach age of majority with the consent of parents or their legal representatives, can be temporarily placed in the safe place.

Article 11. Respect for privacy of data on the protected person

According to the decision of the bodies ensuring safety, service desk of automatic telephone communication, passport and visa service or other relevant service desks it can be temporary or issue of information on the place of residence or any other data on protected persons is constantly forbidden.

In exceptional cases in connection with execution of another criminal case or civil case such data can be according to the procedure, stipulated by the legislation the Azerbaijan Republic, are provided to bodies of pretrial investigation or to court.

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