RUBEN VARDANYAN’S DEFENSE REPRESENTATIVE, AVRAAM BERMAN, COMMENTED ON THE INDICTMENT
On the Legal Grounds of the Charges
In the exercise of my professional duties as an attorney, I find it necessary to comment on certain legal aspects of the current criminal case, guided solely by the principles of legality and fairness in judicial proceedings.
- The Principle of Individual Responsibility
A fundamental tenet of modern criminal law is the principle of individual responsibility for specific actions. According to Article 7 of the Criminal Code of the Republic of Azerbaijan, only a person who is found guilty of committing a crime may be held criminally liable. Any accusation must be based on the establishment of a direct causal link between the actions of a specific individual and the alleged criminal acts.
Read also
Particular attention must be given to the temporal framework of the charges. Criminal liability can only arise for acts that the individual in question actually committed, at a specific time and place, and under conditions that made it possible for them to carry out such acts.
In this case, it is crucial to clearly distinguish the personal responsibility of the defendant from any form of collective responsibility or liability for the actions of third parties, which would contravene the core principles of criminal law.
- International Standards of Fair Trial
The Republic of Azerbaijan is a party to the European Convention on Human Rights, which imposes certain obligations to uphold standards of fair trial. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 6 of the European Convention on Human Rights (ECHR) guarantee the right to a fair trial, including the presumption of innocence and the right to defense.
These provisions ensure the right of every person to a fair, independent, and impartial hearing, the presumption of innocence, the right to legal counsel, the right to be informed of the nature and cause of the charges, the right to examine witnesses for the prosecution and defense, and the right to an interpreter. Failure to adhere to these standards calls into question the legitimacy of the judicial process and may result in the violation of the defendant’s fundamental rights.
- Issues of Legal Qualification and the Principle of Legal Certainty
The classification of actions must be carried out strictly in accordance with the criminal law in force at the time the act was committed. The principle of legal certainty requires that the elements of a crime, including its objective and subjective components, as well as applicable sanctions, be clearly and precisely defined by law. This precludes arbitrary interpretation and application of criminal law. Any ambiguity in interpretation must be resolved in favor of the accused (in dubio pro reo).
The principle of nullum crimen, nulla poena sine lege (“no crime, no punishment without law”) is a cornerstone of criminal law in most legal systems around the world. It means that no one can be found guilty of a criminal offense or punished unless the act they committed was defined as a crime under the law in effect at the time of its commission.
According to this principle, charitable and humanitarian activities—including the restoration of cultural heritage sites and the provision of social assistance to the population—cannot be classified as unlawful in the absence of established legal violations and proven criminal intent. Attempts to portray lawful public activities as criminal contradict the foundations of the rule of law.
- International Obligations and General Principles of Law
The European Convention on Human Rights is a binding international treaty for its member states, the provisions of which, according to Articles 148 and 151 of the Constitution of the Republic of Azerbaijan, take precedence over domestic legislation in case of conflict.
The Republic of Azerbaijan, as a member of the international community and a party to major international human rights conventions, has undertaken obligations to uphold universally recognized principles and norms of international law. Article 12 of the Constitution of Azerbaijan explicitly states that human rights and freedoms are recognized and guaranteed in accordance with universally recognized principles and norms of international law.
- Observance of Procedural Safeguards
The observance of procedural safeguards is an essential prerequisite for a fair trial. According to the Criminal Procedure Code of the Republic of Azerbaijan, these safeguards include the right to qualified legal assistance, the right to examine the case materials, the right to appeal procedural decisions, and the right to an interpreter if the accused does not understand the language used in the judicial proceedings. Failure to uphold these safeguards may result in the trial being deemed unfair and in violation of international standards.
CONCLUSION
The analysis of the materials presented by the prosecution reveals a number of significant legal issues requiring thorough judicial examination. The defense emphasizes the necessity of strictly adhering to the principle of proportionality between the alleged acts and their legal classification.
I believe that the prosecution has failed to adequately consider fundamental principles of criminal law, including the requirement to establish a direct causal link between the defendant’s actions and their alleged consequences, as well as the need to demonstrate the subjective element of each specific crime.
Criminal liability can arise only when the principle of individual responsibility is strictly observed, when acts are qualified according to the principle of legal certainty, when international obligations are respected, and when procedural safeguards are fully upheld. Non-compliance with any of these principles calls into question the legality and fairness of criminal prosecution and judicial proceedings.
It is my belief that a fair trial must be grounded in the precise application of substantive and procedural law.
As legal counsel, guided by the principles of professional ethics and constitutional guarantees of the right to defense, I will continue to consistently advocate for strict adherence to the principle of legality within the framework of the legislation of the Republic of Azerbaijan during the consideration of this case.
The Republic of Azerbaijan, as a state governed by the rule of law, has an opportunity to demonstrate its commitment to international standards of justice and to be remembered in history as a nation that fully ensured a fair trial in this criminal case through rigorous adherence to legal principles. Such an outcome will enhance confidence in the national judicial system and affirm the state’s compliance with its international obligations.
