“Dear Colleagues,
We are all here for the same reason – for Democracy. It has many ways of implementation and many ways of expression, but the main and only one way to go forward is to go towards the Democracy.
In many member states different steps are being taken during this period, but especially I would like to draw your attention to the Constitutional Referendum in Azerbaijan. This is not the issue between our two countries, but the problem for the Council of Europe. If there is a state among us, which takes huge steps back from the Democracy, what should we do here, in the cradle of Democracy?
The opinion by the Council of Europe's constitutional law experts, the Venice Commission criticizing Constitutional amendments of Azerbaijan, which was put to a referendum on 26 September, can be considered “very strict.”
As the Venice Commissions targets many proposed amendments severely upsetting the balance of power by giving “unprecedented” powers to the President. For example, the extension of the presidential mandate, reducing age border for President and MPs, as well as the introduction of the figure of unelected Vice-Presidents, appointed by the President etc. The Venice Commission is also concerned about issues related to human rights.
The Venice Commission criticizes the fact that although permitted by the current procedure for modifying the Constitution, the Draft was put to referendum directly, without any involvement of Parliament.
The Commission is also concerned about the limitation clauses, in particular those which may affect the freedom of speech, the freedom of assembly and the freedom of association. According to the made amendments, the role of the Parliament weakens affecting the independence of the judiciary, since Parliament’s role in the approval of judges will be reduced. The Venice Commission is particularly concerned by the proposed institutional reform. The extension of the term of the presidential mandate to seven years cannot be justified, and, given the already very strong position of the President. It should be noted that Azerbaijan didn’t cooperate with the Venice Commission in the process of implementation of amendments. By letter of 6 September 2016, the President of the Parliamentary Assembly of the Council of Europe, on behalf of the Bureau of the Parliamentary Assembly, requested the opinion of the Venice Commission on the draft modifications to the Constitution of Azerbaijan.
Regardless the criticism, the Parliamentary Assembly of the Council of Europe (PACE) has sent a seven-member “assessment mission”.
Dear Colleagues, I really wonder, how can Parliamentary Assembly of the Council of Europe by its presence at the Election Day legitimize this anti-democratic Referendum? How can PACE observers have any opinion on Election Day processes without looking into the content of the voted document? What does it mean – to discuss the Venice Commission conclusions POST FACTUM, after the Constitution has been already voted?
Is this the real form of true Democracy? I’m sure NOT. Is this the values of Europe family? I’m sure NOT. Will it bring us to the establishing Democratic and free society? I’m sure NOT.
Thank you.”