Citizens will receive free legal aid funded by allocations to the Bar Association.
Operative Information Center-OMM reports that the provision is included in a newly drafted bill on free legal aid.
The draft bill was discussed at a meeting of the Milli Majlis (National Assembly) Committee on Legal Policy and State Building today.
Under the document, low-income people who need legal aid but cannot afford the service fees and other related costs will be eligible for free professional legal assistance. Their financial situation and average monthly income must be below the subsistence minimum set for the current year.
Eligible people include:
- members of families receiving targeted state social assistance;
- unemployed people with disabilities;
- people registered as unemployed with the relevant executive authority.
Other people in need of legal aid include members of families of martyrs, war veterans, victims of human trafficking and people affected by domestic violence.
Free legal aid will also be provided to people who report corruption-related offences, in accordance with the law on encouraging and protecting whistleblowers; minors; people granted refugee status; people granted political asylum by Azerbaijan; people deprived of parental care, including those from among children deprived of parental care; people released from penitentiary institutions, for one year from the date of release; and people under probation supervision.
The draft states that, in criminal cases, professional legal aid funded by the state budget will be provided in accordance with the Code of Criminal Procedure to suspects or accused persons who cannot afford it, through a defense lawyer; to a private prosecutor, through their representative; and to victims of human trafficking, children who are victims of sexual exploitation or sexual violence, and people affected by domestic violence, through a lawyer. Such assistance will also be provided to a person recognized as the legal successor of a deceased victim, including a close or other relative.
The document specifies that professional legal aid funded by the state budget will be provided, in accordance with the Civil Procedure Code and the Code of Administrative Procedure of Azerbaijan, to people covered by the Civil Procedure Code and to those requiring representation in court in administrative disputes.
People detained under administrative procedures, as well as individuals subject to proceedings for an administrative offence, will receive professional legal aid funded by the state budget in accordance with the Code of Administrative Offences.
Applicants who have lodged complaints over violations of their rights and freedoms will receive professional legal aid funded by the state budget for representation before the Constitutional Court, in accordance with this law and the laws on the Constitutional Court and on the Bar and Legal Practice.
Free legal aid will not cover cases related to protecting citizens’ rights before international organizations or their representative offices, or at diplomatic missions and consulates.
