Ombudsman: Pardon and Amnesty Institutions are the Legal Expression of Humanitarian Principles

Ombudsman: Pardon and Amnesty Institutions are the Legal Expression of Humanitarian Principles

Yulduz Səlimov · Cəmiyyət ·

The protection of human rights and freedoms is one of the main directions of state policy in the Republic of Azerbaijan. An important component of this policy is the application of principles of humanism, mercy, and individual approach in penal policy. Pardon and amnesty institutions act as legal mechanisms for these principles, serving to strengthen the educational essence of punishment and the reintegration of convicts into society as reformed individuals.

The editorial reports that these words were spoken by the Commissioner for Human Rights (Ombudsman) of Azerbaijan, Sabina Aliyeva.

According to her, one of the legal reforms implemented by National Leader Heydar Aliyev in the field of protecting human rights and freedoms was the humanization of penal policy and the provision of the right to life, which is one of the fundamental natural rights enshrined in international legal acts and national legislation.

As is known, a de facto moratorium was imposed on the application of the death penalty in our country from June 1993, and over 120 individuals sentenced to death for various serious crimes had their sentences commuted in the following five years. Subsequently, based on the Law of February 10, 1998, on Amendments and Additions to the Criminal, Criminal Procedure, and Correctional Labor Codes of the Republic of Azerbaijan regarding the abolition of the death penalty, the sentences of all convicts sentenced to death were commuted to life imprisonment.

While some countries have not yet made a final decision on the abolition of the death penalty, the removal of the death penalty, the most severe form of punishment, from criminal legislation for the first time in the East as a result of the humanization of penal enforcement policy, was evaluated as a brilliant manifestation of state policy based on humanitarian principles and created a great resonance worldwide.

Pardon and amnesty acts are of particular importance in ensuring the rights to life, liberty, and personal inviolability. Therefore, the Great Leader Heydar Aliyev, who always kept the humanism, adequacy, and educational significance of punishment at the forefront, succeeded in restoring the institution of pardon in our country by signing the first pardon decree in the history of our independent state in 1995. Thus, a total of 3104 convicts were released from the unserved part of their sentences through 32 pardon decrees and orders signed between 1995 and 2003.

The Ombudsman emphasized that as a result of 7 amnesty acts adopted on the initiative of the Great Leader Heydar Aliyev, which turned the adoption of amnesty acts into a positive tradition in Azerbaijan, more than 77,000 convicts were released from prison and reunited with their families and society.

The practice of signing pardon orders and initiating the adoption of amnesty acts has been successfully continued under the current leadership of President Ilham Aliyev, who remains loyal to the policy of humanism founded by the National Leader.

It should be noted that a total of 71 pardon decrees and orders signed by the Great Leader Heydar Aliyev and later by our esteemed President Mr. Ilham Aliyev between 1995 and 2025, along with 12 amnesty acts adopted since 1996, have resulted in the release of thousands of convicts from the unserved part of their sentences.

The adoption of 4 amnesty acts based on the initiative put forward by the First Vice-President and President of the Heydar Aliyev Foundation, Mrs. Mehriban Aliyeva, when she was a Member of the Milli Majlis, and the release of 10,000 convicts under the latest act, were met with great public approval.

Naturally, the continuous humanitarian policy pursued by the state has brought great joy to convicts, their family members, and other relatives, and at the same time, it has had a significant educational impact on society.

In accordance with its mandate, the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan has consistently worked to protect the rights of persons held in places of deprivation of liberty, to consider their appeals, and to ensure an individual approach throughout the past year. Within this framework, based on appeals submitted by the Ombudsman, the institution of pardon has been utilized in a number of cases, ensuring that humanitarian principles yield real legal results.

“It is a positive development that, as a continuation of the humanist penal policy, the President of the Republic of Azerbaijan Ilham Aliyev has put forward an initiative to submit a draft decision on an amnesty act to the Milli Majlis of the Republic of Azerbaijan. The submission of the draft law on the next amnesty to the Milli Majlis can be assessed as a continuation of the state's consistent and systematic humanitarian policy. Amnesty acts are not only a legal mechanism but also a manifestation of social justice, mercy, and respect for human dignity. At this historic stage, when Azerbaijan's sovereignty has been fully restored and the supreme legal force of the Constitution is ensured throughout the country's territories, this initiative demonstrates the state's strength and legal maturity.

We should also note that in recent years, the decriminalization of certain acts, the expansion of the application of alternative punishments, and the consideration of deprivation of liberty as a last resort have been among the main directions of legal reforms in the Republic of Azerbaijan. This approach is consistent with international law and is of great importance for the protection of human rights.

As a result of the monitoring carried out by the Ombudsman, the investigation of received appeals, and correspondence with relevant state bodies, significant results have been achieved in terms of convicts reuniting with their families, expanding social adaptation opportunities, and their reintegration into society. This activity has also served to strengthen legal oversight and transparency in the penitentiary system.

The Ombudsman institution will strengthen its activities within its powers in the process of adopting and implementing amnesty acts to ensure human rights and freedoms, protect the rights of persons released from punishment, and facilitate their successful reintegration into society.

Thus, the submission of the draft law on the next amnesty to the Milli Majlis is a clear example of the Azerbaijani state's commitment to human rights and its policy based on legal reforms and humanitarian values.

As the Ombudsman of Azerbaijan, I consider this initiative of the head of state a significant step in terms of ensuring human rights and freedoms, humanizing penal policy, and the healthy development of society.

The steps taken in this direction once again show that the legal system in the Republic of Azerbaijan sets as its main goal not only the supremacy of law but also the protection of human dignity,” said Sabina Aliyeva.