The Baku Administrative Court ruled against a member of the Coordination Center of the National Council Vidadi Mirkamal. According to the verdict, the funds paid from the moment of his retirement are illegal and an amount of 103,000 manat will be taken back from him.
Mirkamal appealed the court’s decision, but the court did not consider the appeal, sent a writ of execution to the bailiffs, and they started compiling an inventory of V. Mirkamal’s property, Mirkamal, a lawyer who has been lecturing at the Faculty of Law of the Belarusian State University for 25 years, the author of 14 books and about 200 articles in the field of jurisprudence, and is also the Deputy Chairman of the Supreme Arbitration Court (later renamed the Economic Court) told Turan about it.
Mirkamal has been receiving his pension since 2008. He was the Deputy Chief Justice of the Supreme Court. According to the law, judges of this qualification, in addition to wages and pensions, must be paid additional payments in the amount of five minimum wages. In accordance with the Law on Labor Pensions, additional payments to the salaries of acting judges should also be extended to retired judges. Although his colleagues who worked with him quite rightly used this provision, this provision was not applied to Mirkamal.
“I turned to the appropriate authorities about the error. There was no response to my application for several months. However, I was told orally that your application is being studied. In the end, I had to go to court. But as soon as I went to court, the head of the department, instead of responding to the statement on the merits, made an administrative decision according to which the salary paid to me is illegal and the sum of 103 thousand manats paid so far should be returned. By the same decision, my pension was reduced to a minimum.
Naturally, I appealed this decision in court, and after that the government made an absurd act. The court, without considering my complaint, sent this decision for execution, and the bailiffs immediately proceeded to compile an inventory of my property. The prevention of these illegal and absurd actions was suspended after lengthy legal proceedings. However, the Baku Administrative Court and the Baku Court of Appeal made an absurd decision that my claims were allegedly unfounded,” Mirkamal said.
On October 10, the Baku Administrative Court will consider the case on recovering 103,000 manat from him.
The accused pensioner believes that by order of the higher authorities, the decision on this case will not be made in his favor. The retired lawyer explains this by the fact that he is in political opposition.
“No other decision can be expected from the courts, which have turned into a toy in the hands of the executive branch.”
In one of his speeches, President Ilham Aliyev asked a historical question about how the members of the National Council exist. Against the background of such a speech, the decisions of local executive bodies and courts, acting as a punitive body, so absurd and violating the rights of citizens, should not be surprising, Mirkamal told Turan.
It is noteworthy that Mirkamal does not know, and during the trial it is not said from what date and by what criteria the funds that he allegedly received illegally were calculated. In this regard, lawyer Namil Hajiyev addressed a question to the Administrative Court. The answer to this question should be given on October 10.
The public relations department of the Ministry of Labor and Social Protection promised to listen to Turan’s request on the Mirkamal case and inform about it.