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Şəki Apellyasiya Məhkəməsi ilə Əlaqəli Ən Son Xəbərlər və Hadisələr


What is Seki Apellyasiya Mehkemesi and How Does It Work?




If you are interested in learning more about the judicial system of Azerbaijan, you may have come across the term "Seki Apellyasiya Mehkemesi". But what exactly is it and how does it work? In this article, we will explain what Seki Apellyasiya Mehkemesi is, how it is structured and functions, what achievements and challenges it has, and how it can benefit you. Read on to find out more.


Introduction




Seki Apellyasiya Mehkemesi, or Sheki Court of Appeal, is one of the appellate courts in Azerbaijan. It was established in 2006 as part of the judicial reform in the country. Its main function is to review the decisions of lower courts in civil, criminal, administrative, and economic cases. It covers the territory of Sheki, Gabala, Gakh, Zagatala, Balakan, Oguz, Ismayilli, Shamakhi, Guba, Gusar, Khachmaz, Shabran, Siyazan regions. It also has a military collegium that deals with military cases.




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The judicial system of Azerbaijan has a rich history that reflects the statehood and independence of the country. The first modern judicial system was established in 1918 by the Azerbaijan Democratic Republic, which appointed Halil bay Hasmammadov as the first Minister of Justice. However, after the Soviet occupation in 1920, the judicial system underwent drastic changes and was controlled by the Communist Party. After regaining independence in 1991, Azerbaijan embarked on a series of reforms to restore the independence and professionalism of the judiciary. Today, the judicial system consists of Constitutional Court, Supreme Court, Economic Court, appellate courts, general courts, and specialized courts.


The main purpose of Seki Apellyasiya Mehkemesi is to ensure the fair and effective administration of justice in accordance with the Constitution and laws of Azerbaijan. It also aims to protect the rights and freedoms of citizens, uphold the rule of law, maintain public order, and promote legal awareness. By providing a second instance review of lower court decisions, it contributes to the consistency and quality of judicial practice.


The Structure and Functions of Seki Apellyasiya Mehkemesi




Seki Apellyasiya Mehkemesi is composed of a chairman, two deputy chairmen, a secretary general, and 24 judges. The judges are appointed by Milli Mejlis (the Parliament) upon the recommendation of the President. They must have higher legal education and at least five years of experience in law. They are elected for a period of ten years and enjoy immunity from prosecution.


Seki Apellyasiya Mehkemesi has four collegiums: civil collegium, criminal collegium , administrative collegium, and military collegium. Each collegium consists of a chairman and several judges. The collegiums are responsible for examining the appeals and cassations of lower court decisions in their respective fields. They can uphold, modify, annul, or remand the decisions for a new trial. They can also issue interpretations and clarifications of the law.


The process and procedures of Seki Apellyasiya Mehkemesi are regulated by the Civil Procedure Code, the Criminal Procedure Code, the Administrative Procedure Code, and the Law on Courts and Judges. The appeals and cassations must be filed within a certain period of time after the lower court decision is issued. The parties must submit their written arguments and evidence to support their claims. The collegiums may hold oral hearings or decide on the basis of written materials. The decisions of Seki Apellyasiya Mehkemesi are final and binding, unless they are appealed to the Supreme Court.


The Achievements and Challenges of Seki Apellyasiya Mehkemesi




Seki Apellyasiya Mehkemesi has made significant achievements in ensuring the protection of human rights and freedoms, resolving disputes, and developing judicial practice. Some of the notable cases and decisions that Seki Apellyasiya Mehkemesi has made include:


  • The case of Ilgar Mammadov, a prominent opposition leader who was arrested and convicted on politically motivated charges in 2013. Seki Apellyasiya Mehkemesi upheld his conviction in 2014, despite the European Court of Human Rights ruling that his rights were violated. However, in 2018, after repeated pressure from the Council of Europe, Seki Apellyasiya Mehkemesi reversed its decision and released Mammadov from prison.



  • The case of Intigam Aliyev, a prominent human rights lawyer who was arrested and convicted on trumped-up charges in 2014. Seki Apellyasiya Mehkemesi upheld his conviction in 2015, despite the international condemnation and calls for his release. However, in 2016, after a presidential pardon, Seki Apellyasiya Mehkemesi annulled his conviction and restored his rights.



  • The case of Elchin Ismayilli, a journalist who was arrested and convicted on fabricated charges of extortion and abuse of power in 2017. Seki Apellyasiya Mehkemesi reduced his sentence from nine to five years in 2018, after reviewing his appeal and evidence.



  • The case of Afgan Mukhtarli, a journalist who was abducted from Georgia and brought to Azerbaijan in 2017. He was charged with illegal border crossing, smuggling, and resisting arrest. Seki Apellyasiya Mehkemesi upheld his conviction and sentence of six years in 2018, despite the lack of credible evidence and the violation of his rights.



  • The case of Tofig Yagublu, an opposition activist who was arrested and convicted on false charges of hooliganism in 2020. Seki Apellyasiya Mehkemesi upheld his conviction and sentence of four years and three months in 2020, despite the public outcry and protests. However, in 2021, after a presidential pardon, Seki Apellyasiya Mehkemesi released Yagublu from prison.



These cases illustrate some of the achievements and challenges that Seki Apellyasiya Mehkemesi faces in its work. On one hand, Seki Apellyasiya Mehkemesi has shown some independence and courage in reversing or reducing some unjust decisions and releasing some political prisoners. On the other hand, Seki Apellyasiya Mehkemesi has also shown some dependence and compliance in upholding or confirming some unfair decisions and convicting some innocent people.


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  • The lack of sufficient resources and infrastructure to handle the increasing number of cases and appeals.



  • The lack of transparency and accountability in its operations and decision-making process.



  • The lack of consistency and quality in its judicial practice and interpretation of the law.



  • The lack of respect and trust from the public and civil society due to its perceived partiality and politicization.



  • The lack of cooperation and coordination with other judicial institutions and international organizations.



Some of the suggestions and recommendations for improving Seki Apellyasiya Mehkemesi include:


  • Increasing the budget and staff of Seki Apellyasiya Mehkemesi to ensure its efficiency and effectiveness.



  • Improving the transparency and accountability of Seki Apellyasiya Mehkemesi by publishing its decisions and statistics, inviting public and media scrutiny, and establishing complaint mechanisms.



  • Enhancing the consistency and quality of Seki Apellyasiya Mehkemesi by providing regular training and guidance to its judges, adopting clear and uniform standards and criteria, and following the precedents and jurisprudence of higher courts and international bodies.



  • Building the respect and trust of Seki Apellyasiya Mehkemesi by ensuring its independence and impartiality, avoiding any interference or influence from external actors, and respecting the rights and dignity of the parties and the public.



  • Fostering the cooperation and coordination of Seki Apellyasiya Mehkemesi with other judicial institutions and international organizations by exchanging information and experience, harmonizing laws and procedures, and implementing joint projects and programs.



Conclusion




In conclusion, Seki Apellyasiya Mehkemesi is an important part of the judicial system of Azerbaijan. It plays a vital role in reviewing the decisions of lower courts, protecting the rights and freedoms of citizens, upholding the rule of law, and promoting legal awareness. It has made some notable achievements in its work, but it also faces some significant challenges. It needs to improve its structure and functions, overcome its difficulties and obstacles, and enhance its performance and reputation. By doing so, it can better serve the interests of justice and the people of Azerbaijan.


Do you have any questions or comments about Seki Apellyasiya Mehkemesi? Do you have any experience or opinion about its work? Do you have any suggestions or recommendations for its improvement? Please share your thoughts with us in the comment section below. We would love to hear from you.


FAQs




Here are some frequently asked questions and answers about Seki Apellyasiya Mehkemesi:


  • What is the difference between appeal and cassation?



An appeal is a request to review a lower court decision based on errors of fact or law. A cassation is a request to review a lower court decision based on errors of law only. An appeal can be filed by any party to the case, while a cassation can be filed only by the prosecutor or the defendant in criminal cases, or by the parties who have exhausted all other remedies in civil cases.


  • How can I file an appeal or cassation to Seki Apellyasiya Mehkemesi?



You can file an appeal or cassation to Seki Apellyasiya Mehkemesi by submitting a written application to the court that issued the decision within 20 days after receiving the decision. You must also pay a state fee of 0.5% of the amount in dispute in civil cases, or 10 AZN in criminal cases. You must attach a copy of the decision, your arguments and evidence, and any other relevant documents to your application.


  • How long does it take for Seki Apellyasiya Mehkemesi to decide on an appeal or cassation?



Seki Apellyasiya Mehkemesi must decide on an appeal or cassation within two months after receiving the application. However, this period can be extended for another month if necessary. If Seki Apellyasiya Mehkemesi decides to hold an oral hearing, it must notify the parties at least ten days before the hearing date.


  • What are the possible outcomes of an appeal or cassation to Seki Apellyasiya Mehkemesi?



Seki Apellyasiya Mehkemesi can uphold, modify, annul, or remand the lower court decision for a new trial. If it upholds the decision, it means that it agrees with the lower court's findings and conclusions. If it modifies the decision, it means that it changes some parts of the lower court's decision. If it annuls the decision, it means that it cancels the lower court's decision entirely. If it remands the decision for a new trial, it means that it sends the case back to the lower court for further examination.


  • Can I appeal or cassate Seki Apellyasiya Mehkemesi's decision?



You can appeal or cassate Seki Apellyasiya Mehkemesi's decision to the Supreme Court of Azerbaijan within 30 days after receiving the decision. However, the Supreme Court only accepts appeals or cassations on limited grounds, such as violation of constitutional rights, significant errors of law, or new evidence. The Supreme Court's decision is final and cannot be appealed or cassated further.


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