JUSTICE MINISTRY SUED BY TWO NGOS

May 15th, 2009
The Center for Election Monitoring and Training of Democracy (CEMTD) Public Union and the Center for Regional Cooperation and Development of Communities Public Union (CRCDC) have sued the Ministry of Justice. The Institute for Reporters’ Freedom and Safety was told this by Legal Education Society President Intigam Aliyev, who is defending the rights of NGOs. According to Aliyev, on 26 January 2009 CEMTD sent their documents to the Ministry of Justice to be registered. CRCDC sent their documents on 11 August 2008.

I. Aliyev stated that on 12 March 2009 the Ministry’s Head Department of Registration of Legal Persons and Notary told the applicants that the consideration period was prolonged 30 days and on 29 April 2009 the documents were sent back to the organization unexecuted.
According to Aliyev, the denial for registration of CEMTD was that the decision about founding the organization and ratification of the regulations was submitted instead of a protocol according to article 5.5 of law “On Registration and Reyestry of Legal Persons” and the name of Law “On NGOs (public unions and funds)” in the paragraph 1.4 of the regulation has not been written right.
CRCDC’s documents were returned three times for alleged “shortcomings.”

IRFS contacted CEMTD Public Union Chairman Anar Mammadli regarding this issue.
“We consider the failure to register our organization biased and the faults shown cannot be justified because there’s no legal violation in our documents,” said A. Mammadli, adding that they submitted the lawsuit to the Yasamal District Court yesterday.
According to Mammadli, his organization stated in the lawsuit that local legislation and article 11 of the European Convention, which envisage the right to affiliation and unification, have been violated. The organization demands that the decision of the Ministry of Justice be considered unfounded and high-ranking officials violating citizens’ rights be brought to responsibility.
IRFS tried to contact the Ministry of Justice’s press service to learn their position on the issue, but calls went unanswered.