Cases of flood victims procrastinated by courts

July 28th, 2012
Trials on the cases of 2010 Kur flood victims are deliberately delayed, reads the report of  the Kur Civil Society Headquarters on the legal aspects of the post flood period.

According to Kur Civil Society coordinator Oktay Gyulalyev since last April the  Baku Administrative Economic Court #1  began to refer  the accepted lawsuits to the zonal Shirvan Administrative-Economic Court. However, the Shirvan Court does not consider the cases, explaining that the lawsuits should be considered in Baku as the defendants, the Ministry of Emergency Situations and the Cabinet of Ministers are located there.
However, the Baku Administrative Economic Court insists that the transference of the cases to the Shirvan Court was due to the complainants living near Shirvan. The attempts to challenge this procrastination were futile.  Shirvan Court uses other stratagems, not to consider the case.

"On July 21 the  Shirvan administrative-economic court sent me a summons to participate in court on July 22. The summons was received by the postal service  of Imishli  on July 24, and handed to me on July 25," said the plaintiff Khudash Rzayev.

Since October 2010  the Kur headquarters prepared 128 claims of affected citizens against government agencies.  For today, more than a hundred claims  have been accepted by the courts. In connection with the settlement of their problems, nine complainants withdrew their complaints. In general, the courts have resolved the problem of 28 plaintiffs.

Most complaints were related to corruption and red tape from the authorities. According to Gulaliyev, the courts delay  the  trials to prevent their continuation in the European court. But, still, a complaint to the European Court of Human Rights is being prepared on the case of a farmer from Saatli.

As a result of the presentation of the report, recommendations for government agencies consisting of 12 points have been prepared by the  Kur Headquarters staff. In particular, the staff called to conduct hearings within the framework and terms defined by law, as well as stop the tape and a mockery of the citizens.

The staff also recommended to ensure transparency and accountability of the distribution of state aid of 460 million AZN, namely: to publish the list of citizens and detailed information on any type of aid they received from the state including lump sum payments, compensation for damage to farms, new and/or rebuilt homes. This information should be available on the website of the Ministry for Emergency Situations.

Although two years have passed since the flood and about 500 million AZN have been allocated, the problems of eight flood-affected areas  have only been solved partially. The process of eliminating the consequences of flooding is characterized by massive corruption and widespread human rights violations, as well as  the violence  by government agencies  against citizens.