The Prosecutor General's Office of the Republic of Azerbaijan had appealed some time ago to bloggers living abroad for them to appear for investigation. In accordance with the legislation, among those summoned for investigation are the names of Elshad Mammadov, Mahammad Mirzali, Gabil Mammadov, Tural Sadigli, Gurban Mammadov, and others.
Regarding some of these individuals, the court has even issued a verdict in absentia.
However, they have so far refused to appear for investigation.
It is interesting to note that what steps can the prosecutor's office take in such cases, according to the law?
Regarding the topic, lawyer and head of the Constitutional Research Foundation, Alimammad Nuriyev, told Modern.az that the current legislation on this matter is quite clear:
“The Criminal Procedure Code and the Law “On the Prosecutor's Office” consider the prosecutor's summons a lawful demand of the court and investigative bodies. This means that complying with a summons is not only a civic duty but also a legal obligation. Failure to appear for a summons is considered a procedural disciplinary violation, and the law has established sequential legal mechanisms for this.
The first stage is very simple. In the initial stage, a summons is issued, clearly indicating who should appear before the investigative p, when, and for what purpose, and what consequences will arise from non-appearance. The summons is presented in written or electronic form. The law also recognizes the right of a person to offer an excuse. Issues such as illness, family circumstances, and emergencies are considered valid excuses.
However, non-appearance without a valid excuse leads to the next stage – compulsory attendance. This is separately regulated in the Criminal Procedure Code. From a legal perspective, compulsory attendance is a means of subjecting a person who does not comply with a summons to the state's procedural will. Simply put, this is the compulsory bringing of a person to investigation by the police or other authorized p. The decision is made by the investigator and the prosecutor, and the document is sent for execution. The purpose here is not to punish, but to ensure the normal course of justice. During compulsory attendance, the person's rights are, of course, protected. Physical force may only be applied in necessary cases. The legislation has fully established the list of cases in which physical force may be applied. However, these measures cannot be applied to pregnant women, persons under 14 years of age, and those unable to move due to health conditions.
If a person continues to evade summonses, conceals their place of residence, and uses living abroad as an excuse, the next mechanism is a search and arrest warrant. In such cases, the prosecutor can declare a search within the country. If necessary, an international search can also be initiated through INTERPOL. The person is brought to the investigative p within 48 hours, during which their rights are explained, and they are provided with a defense counsel. This is already considered a strict stage of the process, guaranteed by law. Sometimes the situation is such that neither the person complies with the investigation's summons nor does an international search yield results. In such cases, to prevent the investigation process from stopping, the case can be heard in absentia. Proceedings in absentia take place after sufficient evidence has been collected and it is confirmed that the person has deliberately evaded procedural participation.
You see, the Prosecutor General's Office of Azerbaijan even issued an announcement through the media regarding these individuals, urging them to appear for investigation. However, they have also refused this. After a verdict in absentia, when these individuals are apprehended, the verdict is applied. They can also demand a review of the case by exercising their right to defense.”
A. Nuriyev emphasized that these mechanisms balance both the legal continuity of the state and the defense capabilities of the individual:
“Failure to appear for a summons does not directly lead to criminal liability, but the persistence of such behavior is considered an obstruction to the investigation. Article 146 of the Criminal Code (non-execution of court decisions) may also be applied. All the mechanisms listed above are aimed at one goal – ensuring the uninterrupted administration of justice. The state does not halt the work of the justice system due to any person's non-compliance with a summons or concealment. This is an indicator of the rule of law and civic responsibility. Failure to appear for a lawful summons is not only a procedural violation but also a blow to one's own culture and public trust. Consequently, a person who fails to appear for a prosecutor's summons without a valid reason is either forcibly brought in or placed on a wanted list, and if there is prolonged deliberate evasion of investigation, the court issues a verdict in absentia. This, in addition to being a guarantee of the rule of law, is an indicator of a citizen's legal responsibility.”
