OSCE Office concerned about violations of the presumption of innocence in criminal proceedings in Azerbaijan

BAKU, 4 September 2006 - A report on Azerbaijan's adherence to the principle of presumption of innocence, released today, suggests that the country's journalists, police officers, prosecutors and judges often treat suspicion of guilt and proof of criminal behaviour as if they are the same thing.

The paper was commissioned by the OSCE Office in Baku and prepared by a group of Azerbaijani lawyers from the local NGO Tolerance.

"It is worrisome when public officials make official statements speaking of the guilt of an individual under criminal suspicion before the closure of criminal proceedings, including the pronouncement of a judgment," said Ambassador Maurizio Pavesi, the Head of OSCE Office. "Presumption of innocence is key for ensuring fair trials in a democratic society."

According to the report, prosecutors' offices and police departments combine with coverage by television and print news outlets to solidify public perceptions of guilt before some of the accused ever find themselves in court.

"Public officials and media should restrain from damaging the reputation and dignity of those accused which can make it difficult for the police to investigate the cases and for judges to freely rule on them," Ambassador Pavesi added.

The report recommends that legislators create additional laws protecting due process, that State legal bodies undergo internal reform, and speeches and reports by public officials concerning ongoing cases be more closely regulated. It also suggests that media representatives follow a more rigid code of conduct when reporting on such matters.

The OSCE Office in Baku will continue to support the legal community of Azerbaijan to encourage open discussions and support the development of a strong judiciary.