Court Proceedings Are Suspended Except For The Urgent Cases during #COVID19 pandemic in Azerbaijan
APA. The court proceedings have been cancelled in Baku, Sumgait, Ganja, Lankaran, Yevlakh, Masalli, Jalilabad, Goranboy, Goygol, Mingechevir cities and Absheron, Barda, Xachmaz, Samukh, Siyazan and Sheki regions, the Supreme Court told APA.
The report says in connection with prevention of risk of spreading of coronavirus (COVID-19) infection in the Azerbaijan Republic, taking into consideration the recommendations of the World Health Organization and the Decision dated July 3, 2020 of the Task Force under the Cabinet of Ministers of the Azerbaijan Republic, as well as the necessity of continuation of implementation of the approach stipulated in the Decision #6 dated April 23, 2020 of the Plenum of the Supreme Court of the Azerbaijan Republic, to recommend the following to courts of the Azerbaijan Republic in regard to consideration of cases:
1. During the period of continuation of toughening of special quarantine regime between 06:00 a.m. on July 5, 2020 and 06:00 a.m. on July 20, 2020, the courts functioning on the administrative area of Baku, Sumgait, Ganja, Lankaran, Yevlakh, Masalli, Jalilabad, Goranboy, Goygol, Mingechevir cities and Absheron, Barda, Xachmaz, Samukh, Siyazan and Sheki regions:
1.1 should temporarily suspend consideration of all cases being under their investigation except for the cases that should be considered urgently or don’t require implementation of consideration by court (choosing, extending, changing, terminating of remand in custody measures, cases for which administrative arrest is envisaged, if necessary, appeals made according to the rule of execution of judgment or other final court decision, issues connected with measures of satisfaction of claim, execution of order, simplified proceeding for cases related to minor claims, special proceeding cases of some categories, etc.);
1.2 should ensure consideration of criminal cases and other materials being under jurisdiction of courts of appeal instance and related to persons being in prison;
1.3 should continue use of opportunities for consideration of the cases being considered according to administrative court proceeding rule without holding oral court examination (oral hearing) taking into consideration requirements of clause 16 of Administrative and Procedural Code of the Azerbaijan Republic;
1.4 should continue use of opportunities for holding of court proceeding for civil cases and commercial disputes by means of Electronic court information system taking into consideration the requirements of the Civil and Procedural Code of the Azerbaijan Republic;
1.5 should admit to court proceeding the criminal cases related to accused persons in regard to whom the remand in custody measure until court hearing has been chosen during the trial;
1.6 should solve other necessary issues arising from recommendations of the Task Force under the Cabinet of Ministers regarding the working regime of judges and the staff of the administrative office of courts;
1.7 should implement reception only by means of telephone, mobile and internet communication as reception of citizens has been suspended. The courts should ensure acceptance of applications of individuals and entities, including appeal and cassation petitions only by means of post office or in electronic format.