Fuad Alasgarov: We expect the EU to be guided by the principles of objectivity and balance while issuing any statement

Interview with Mr. Fuad Alasgarov, Head of the Department on Coordination of law-enforcement agencies, Administration of the President of the Republic of Azerbaijan.
- Opposition attempted to hold assemblies without prior notification During the last month .What do you think about it?
During last few weeks some radical opposition forces were trying to hold assemblies accompanied by insulting calls and violence in Baku, and on 2 April, at the Fountains Square, they committed acts resulted in blatant violation of public order, normal functioning of the transport, enterprises, offices and organizations. One of the mottos of these actions was the accusation of the Government failing to combat corruption. I should like to note in this regard that complex activities are being implemented in the country in the field of combating corruption and some important results have already been achieved in this field. As the President of the Republic of Azerbaijan Ilham Aliyev noted during his meetings with the population in various regions of our country, today our main goal is to turn Azerbaijan into a modern, developed country. In order to ensure high economic development and social welfare, strong anti-corruption activities are being undertaken in Azerbaijan. At the meeting of the Cabinet of Ministers President stressed that the strengthening of struggle with corruption and bribery gives its important results. This policy will be continued. This is our willful choice and the measures undertaken are highly appreciated by people. In accordance with the international treaties setting forth this right, the first and foremost condition for implementation of the freedom of assembly is its peaceful character. If the assembly is obviously accompanied by violence or, just before the assembly, in the media and internet there are calls on to commit, during the event, unlawful actions against the authorities, even the instructions are given concerning the ways of obstructing the officers fulfilling their duties of protection of public order, how can this assembly be named peaceful. Moreover, account has to be taken also if the so-called bright previous experience of these forces. We all remember the events of October 2003 accompanied by inflicting severe bodily injuries to individuals, serious damage to property, violation of public order. Individuals who have been brought to responsibility for organizing those events, now try to hold new actions. It seems that they do not intend to abstain from their old habits.
-How the exercise of the right to freedom of assembly is regulated in the legislation?
Article 49 of the Constitution of the Republic of Azerbaijan provides for a right of every person to gather with other persons peacefully, unarmed, to conduct assemblies, meetings, demonstrations with prior notification of the relevant state agencies. A law on "Freedom of assembly" was passed to regulate the implementation of this right. At the same time, as our country has stepped to the new stage of development of the socio-political relations as a result of economic development, the provisions of this law have been improved and the Venice Commission in its final opinion concerning the Law noted that it was in line with the European standards. I should stress that the freedom of assembly is not absolute and it can be restricted. According to the Law on "Freedom of assembly", this right can be restricted in various forms, including change of time and venue of the assembly.
-How do you assess the EU statement on the matter?
With respect to the statement delivered on behalf of the European Union at the Permanent Council of the OSCE, I should like to note that the statement is non-objective and biased, because this organization obtains the information about the processes in our country only from the oppositional sources. It appears from the statement that the individuals detained for the violation of public order in Baku are kind of being persecuted for the exercise of their right to freedom of assembly. However, I should like to reiterate that the mentioned actions did not have peaceful character at all. We expect the EU to be guided by the principles of objectivity and balance while issuing any statement. In this regard, I should particularly like to draw attention to the position of the European Court. In of the cases concerning the UK, the Commission stated that where public processions, despite large police deployments, had resulted in riots and disturbances, an order banning all public processions in one area might be justified for limited period of time. In the decision in another case concerning Switzerland the Strasbourg organs stated that the subjection of public meetings to an authorization procedure does not normally encroach upon the essence of the right. In accordance with the Law on "Freedom of assembly", persons organizing the assembly have to notify in advance the relevant body of executive power in written for coordinating its time and venue in order to allow the relevant body of executive power to make necessary arrangements.
-What can you say about the allegations that the participants of the actions were subjected to torture?
Generally, the notion of torture is being distorted by the opposition. The use of force by the police carrying out the duty of protection of public order cannot be regarded as a torture. In accordance with the legislation, the police is authorized to resort to use of force, even special means for the suspension of an assembly and dispersal of its participants. If a participant of the assembly does not obey to the lawful orders of the police for dispersal and demonstrates resistance, even attacks police, the police, of course, must resort to lawful use of force. In these cases, bodily injuries might be inflicted upon individuals as well. However, it cannot be regarded as torture or beating. In this regard, the artificial media hype, false information circulated by some mass media has no ground.