The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, has held a session to review and interpret specific provisions of the Criminal Procedure Code regarding the duration of detention measures.
Operative Information Center-OMM reports that the meeting, initiated based on a request from the Baku Court of Appeal, focused on the interpretation of Articles 148.6 and 447.2 of the Criminal Procedure Code in relation to the right to liberty and judicial protection guaranteed by the Constitution of Azerbaijan.
According to the court's decision, the 24-hour period allocated for a court to consider a petition for the selection of a restrictive measure (detention) is not an additional timeframe. Instead, it must be included within the total 48-hour period allowed for the detention of a suspect. The Plenum emphasized that this interpretation is essential for upholding the right to liberty as stipulated in Article 28 of the Constitution. Furthermore, the Milli Majlis (National Assembly) has been recommended to refine the legislation to ensure a reasonable distribution of time between investigative authorities and the courts within this 48-hour window.
This judicial clarification is part of a broader framework of legal reforms in Azerbaijan aimed at modernizing the justice system and strengthening human rights protections. By ensuring that detention without a court order does not exceed strictly defined limits, Azerbaijan continues to align its domestic legal procedures with the principles of the European Convention on Human Rights and other international legal standards. The decision of the Constitutional Court is final and enters into force from the date of its publication, meaning it cannot be canceled or changed by any other body or official.
