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LAW OF THE AZERBAIJAN REPUBLIC

On March 15, 1996 No. 44-IG

About recovery of victims of political repressions

(as amended on 07-04-2017)

As a result of the arbitrary behavior and violence committed in the territory of the Azerbaijan Republic since April 28, 1920 the totalitarian state regime based on the laws contradicting human rights, hundreds of thousands of innocent people underwent to repressions because of the political views, political activities, dissent and for other reasons.

The purpose of this Law is rehabilitation, recovery of the political, social and civil laws of the victims of the political repressions held in the territory of the Azerbaijan Republic, compensation of moral losses by it and also liquidation of other consequences of arbitrary behavior.

Article 1. Concept of political repression

For the purpose of this Law political repression deprivation of life or freedom, the illegal placement to lunatic asylum for forced treatment, expulsion from the country and deprivation of nationality, eviction of national groups from places of their accommodation, the reference, resettlement, sending to the special settlement, various enforcement measures in the form of labor involvement in the conditions of restriction of freedom, and also other sort the deprivation or restriction of the rights and freedoms of persons which are considered socially dangerous to the state and its political system on class, social, national, religious or other features, applied by the state for political reasons and performed by a court decision and other bodies equipped with judicial functions, or administratively performed by bodies and officials of the executive authority, the public organizations or bodies allocated with administrative competences is considered.

Article 2. Victims of political repressions

The victims of political repressions are the persons which underwent to the political repressions specified in article 1 of this Law, members of their families, including, persons which are in places of execution of repression (the reference, resettlement, serving sentence) with the parents or relatives, the children who were born in places of execution of repression in also children of the political victims of political repression sentenced to death.

Article 3. Law scope

Provisions of this Law on procedure for provision of rehabilitation extend to persons who underwent to political repressions in the territory of the Azerbaijan Republic from April 28, 1920 till October 18, 1991 irrespective of the place of their accommodation.

The Azerbaijan Republic gives help to the citizens of the Azerbaijan Republic who underwent to repressions in the territory of other republics which were part of the USSR during the specified period in receipt of rehabilitation by them.

Article 4. Persons who do not have the right to rehabilitation

Rehabilitation is not provided the following persons imprisoned legally and reasonably:

to persons cooperating with fascist aggressors in war of 1941-1945;

to persons participating in holding political repressions and subsequently to the undergone repressions;

to organizers of the gangs which were committing murders, robberies and other violent acts, and also personally participating in making of such actions as a part of similar gangs.

Article 5. Consideration of petitions for rehabilitation

The application for provision of rehabilitation can be submitted by person which underwent to political repression, other interested person or public organization.

Applications are considered in Prosecutor's office of the Azerbaijan Republic in the terms established by the law.

The prosecutor's office of the Azerbaijan Republic with participation of relevant organ of the executive authority checks cases of persons which underwent to political repressions and based on check takes out the conclusion about rehabilitation in connection with the repression which was carried out without court (the positive or negative decision).

The conclusion of Prosecutor's office of the Azerbaijan Republic about refusal in provision of rehabilitation can be appealed in the Supreme Court of the Azerbaijan Republic.

Put the political victims of political repression condemned by courts of the Azerbaijan Republic (the Azerbaijani SSR) go to the Supreme Court of the Azerbaijan Republic together with protest of Prosecutor's office of the Azerbaijan Republic. The Supreme Court of the Azerbaijan Republic within one month considers cases and claims of persons which underwent to political repressions.

Article 6. Factual determination of political repression

In the absence of archival materials the fact of political repression is determined judicially based on the testimony.

Article 7. The rights before rehabilitees

Decisions of authorities on provision of rehabilitation in connection with political repression keeps the force and after enforcement of this Law. Persons who received rehabilitation before entry into force of this Law have the rights and privileges provided by this Law.

Article 8. Materials of political repressions

Rehabilitees and their heirs have the right to the manuscripts, photographs and other personal papers which are stored in cases.

The bodies storing the cases connected with repressions in archives and their officials shall tell at the request of the applicant to him time, cause of death of the rehabilitee, and also the place of its burial.

Article 9. Recovery of the rights of rehabilitees

Resolutions on deprivation of rehabilitees of the state awards, scientific degrees, military ranks, pensions and other rights in connection with political repression are considered invalid.

The measures necessary for the settlement in the territory of the Azerbaijan Republic of persons sent during the period specified in article 3 of this Law are accepted again to limits of the territory of the Azerbaijan Republic by the state.

Article 10. Calculation of working life in case of award of pension

The working life of rehabilitees when charging of work pension by it is estimated according to the Law of the Azerbaijan Republic "About work pensions".

Calculation of working life begins from 16 years.

Article 11. Exemption of the state fee

For preparation of court documents in connection with rehabilitation provision to the victims of political repressions and copying the state fee and legal costs are not levied from the specified documents.

President of the Azerbaijan Republic

Heydar Aliyev

 

 

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