New member: Probation Service of the Republic of Azerbaijan

The Probation Service of the Ministry of Justice of the Republic of Azerbaijan is an independent structural organization with the main administrative authority. Decree No. 1670 of the President of the Republic of Azerbaijan dated November 7, 2017, established the Service.

The main objective of the Probation Service is to ensure the execution of non-custodial sentences, rehabilitate convicts, and facilitate the social adaptation and reintegration of individuals under probation control.

According to the Regulations on the Probation Service, approved by the decision of the Board of the Ministry of Justice dated December 22, 2017 No. 26-N (paragraph 2), the directions of activity of the Service are as follows:

• Organizes the execution of penalties in the form of fines, deprivation of the right to drive a vehicle, deprivation of the right to hold a certain position or engage in a certain activity, public works, correctional work, restriction of freedom;
• Organizes the implementation of probation control over persons sentenced to penalties such as fines, deprivation of the right to drive a vehicle, deprivation of the right to hold a certain position or engage in a certain activity, community service, correctional work, restriction of freedom;
• Organizes the implementation of probation control over persons sentenced to conditional sentences, conditionally released from punishment or whose sentence has been postponed by the court;
• Organizes the implementation of probation control over persons who have committed a crime and have been assigned compulsory medical measures for the purpose of treatment for alcoholism or drug addiction (except for prisoners serving sentences in penitentiary institutions), as well as those who have committed an administrative offense involving administrative arrest and have been assigned compulsory treatment for drug addiction;
• Organizes the implementation of administrative punishment in the form of community service;
• Organizes the prevention of new crimes by persons over whom probation control is carried out.

Why did your organization decide to join CEP?

The main objectives of the Probation Service of the Ministry of Justice of the Republic of Azerbaijan joining the CEP are as follows:

• Development of international cooperation in the field of probation with the CEP member countries, exchange of mutual experience and information;
• Studying the principles and experience of organizing social adaptation and rehabilitation work of persons under probation supervision during the execution of sentences not related to deprivation of liberty in European countries and applying them in the country;
• Identification of effective methods and means to eliminate existing and future shortcomings in the field of probation;
• Studying the conceptual and legislative framework of the CEP member countries in order to improve domestic legislation on the execution of sentences not related to deprivation of liberty;
• Increasing the professionalism of probation officers;
• Representing our country at conferences, trainings and other events organized by the CEP on probation, social adaptation and rehabilitation;
• Benefiting from European experience in the application of restorative justice or mediation in criminal cases in the probation system;
• Develop training programs in the field of probation in Azerbaijan using the best practices of European countries;
• Familiarize yourself with the annual reports and other documents of the CEP, as well as follow the official website, social networks and newsletter of the Confederation;
• Join expert groups and networks as a participant and speaker at all events of the Confederation, as well as take advantage of the opportunities to participate in the General Assembly.

How do you think you will contribute to the development of the CEP, its projects, activities and work program?

The membership of the Probation Service of the Ministry of Justice of the Republic of Azerbaijan in the CEP creates new opportunities for cooperation in this area. The following activities can be carried out to contribute to the projects and work programs of this organization:

• Sharing information and positive experience on innovations in Azerbaijani legislation and probation within the CEP;
• Comparing and sharing the results of the volunteer institute currently being piloted in the Azerbaijani Probation Service, including the activities of social workers and psychologists, with similar activities in Europe;
• Involving Azerbaijani experts in the projects implemented by the CEP;
• Submitting the results and statistical indicators obtained in the field of probation to the organization (This information can be valuable for conducting comparative analyses on a European scale);
• Sharing the knowledge and experience of specialists in the field of probation;
• Informing the Azerbaijani public about the work done in the field of probation in European countries.

These steps will contribute to the Azerbaijani state’s contribution to the CEP’s activities, as well as serve to increase the country’s international reputation in this field.

What are the main priorities, topics, or themes you would like CEP to address more frequently, and how would you leverage your knowledge to support and participate in developing its actions and work program?

The most crucial topics and priorities that require attention in Azerbaijan’s probation system include:

• Proper organization of social adaptation and rehabilitation work with prisoners, development of effective methods and means of preventing recidivism of persons under probation control. At the same time, attention should be paid to issues related to the proper organization of work in order to ensure the reintegration of prisoners into society, as well as to achieve the reformation of persons who have committed crimes, and to organize exchanges of experience so that the member countries of the organization can learn and apply the experiences of countries that have achieved success in the mentioned areas;
• Studying the experience of involving social workers and psychologists in the probation system, studying the possibilities of promoting voluntary activity in order to effectively organize the work of social adaptation and rehabilitation of persons under probation supervision;
• Studying the mechanisms of applying restorative justice. Studying the experience of European countries in this area and implementing pilot projects and programs in Azerbaijan related to restorative justice.

Azerbaijan can contribute to regional cooperation in the field of probation. Thus, Azerbaijan has a strategic position in the region and, using this position, can create cooperation platforms in the field of probation with the countries of the region.

Why do you think it is so important to promote alternative sanctions and measures and what is the state of play in your country?

Promoting and applying alternative punishments more often is important for the following reasons:

• Preventing overcrowding in penal institutions. This ensures both the use of fewer resources (financial, logistical, etc.) and a more equitable approach.
• Alternative punishments help to integrate prisoners into society and encourage them to behave more constructively.
• Alternative punishments lead to a decrease in recidivism. Because they increase the responsibility of the individual and keep him in closer contact with society.
• Alternative punishments play an important role in the prevention of crime and the establishment of social justice and help increase the security of society.
• The application of alternative punishments is both beneficial for society and allows the prisoner to feel useful in society.

Azerbaijan considers the application of alternative punishments important and considers it acceptable to enshrine these punishments in national legislation due to a number of their advantages. Both legislative and institutional measures have been taken to promote and implement alternative punishments in Azerbaijan:

• On February 10, 2017, the President of the Republic of Azerbaijan Ilham Aliyev signed an Order on the humanization of penal policy and the expansion of the application of alternative punishments and procedural coercive measures not related to social isolation.
• With this Order, the Probation Service was established in order to organize effective control over the execution of punishments not related to social isolation and to increase the efficiency of management in this area.
• According to the “Rules for the Execution of Punishments in the Type of Restriction of Liberty”, approved by the decision No. 6-N of the Collegium of the Ministry of Justice dated 24.04.2018, the implementation of measures aimed at the correction, social adaptation and rehabilitation of the convict during the execution of punishment in the type of restriction of liberty is one of the duties of the executive officer.
• The application of alternative punishments has prevented overcrowding in the penitentiary institutions of our country.
• It is possible to see further improvement of detention conditions in institutions, greater reformation of prisoners, and less disruption of family ties.
• We consider it necessary to improve the process of assigning and executing non-custodial sentences in Azerbaijan, as well as the implementation mechanisms, and to study the experience of European countries in this regard. At the same time, it is necessary to conceptually re-develop non-custodial sentences based on Azerbaijani national legislation and international norms, as well as to further harmonize and coordinate this type of punishment with control mechanisms that respond to the social adaptation and rehabilitation of prisoners. During the execution of a sentence in the form of restriction of freedom, restorative justice or criminal mediation programs should also be applied in our country.