Azerbaijan

Overview of the Justice System in Azerbaijan

The justice system in Azerbaijan constitutes one of the foundational pillars of the rule of law and functions based on the Constitution and relevant legislative acts of the Republic of Azerbaijan. In addition to ensuring the protection of citizens’ rights and freedoms, the justice system plays a pivotal role in upholding legality and justice within society. The administration and regulation of this system are primarily carried out by the Ministry of Justice of the Republic of Azerbaijan, which holds broad competencies in areas such as enforcement of judicial decisions, registration of civil status acts, notarial services, provision of legal aid, administration of penitentiary services, and legal awareness initiatives.

The judicial system in Azerbaijan operates on a three-tier structure: courts of first instance (district and city courts), appellate courts, and the Supreme Court as the highest instance. Additionally, the Constitutional Court is responsible for resolving legal disputes between state bodies and ensuring the conformity of legislation with the Constitution. The training and professional development of judges and legal professionals are undertaken through the Justice Academy.

In recent years, significant reforms have been implemented in Azerbaijan's justice system, including the introduction of the “E-Justice” platform and the ASAN Justice service, which have enhanced accessibility, transparency, and efficiency in legal services. Steps such as promoting transparency in the appointment of judges, protecting human rights in the penitentiary system, and facilitating the reintegration of convicts into society signify major advancements in the system’s modernization. These developments have yielded positive outcomes both in terms of improving domestic legislation and aligning with international legal principles.

Development of the Juvenile Justice System in Azerbaijan

While progress has been notable in regulating legal relations among adults, attention has increasingly turned to the need for a more humane and effective approach to legal matters involving minors. This has introduced the concept of juvenile justice, a specialized branch of justice for individuals under the age of 18, which is considered a hallmark of advanced legal systems.

Key Developments in Juvenile Justice

1. Normative-Legal Framework

The legal basis for the juvenile justice system in Azerbaijan has been established in line with international standards. Azerbaijan ratified the UN Convention on the Rights of the Child in 1992, leading to significant legislative reforms. The Law of the Republic of Azerbaijan on the Rights of the Child (1998) is a cornerstone document in this regard. Amendments to the Criminal and Criminal Procedure Codes have facilitated more humane and individualized approaches to juvenile offenders, promoting alternative sanctions, social services, and rehabilitation mechanisms.

2. Institutional Reforms and Pilot Projects

Several institutional innovations and pilot projects have been implemented in cooperation with international organizations such as UNICEF since 2018. These initiatives aim to rehabilitate juvenile offenders and reintegrate them into society without resorting to formal prosecution. Individual intervention plans developed with social workers, child-friendly investigative rooms, and training for law enforcement personnel on child rights and psychology are among the measures introduced.

3. Alternative Sanctions and Rehabilitation Measures

A key principle of juvenile justice is the use of alternatives to deprivation of liberty. Azerbaijani legislation provides for:

• Compulsory educational measures

• Community service with a social orientation

• Probation and conditional sentencing

• Referral to educational or social services

These measures are applied based on the nature of the offence and the child’s circumstances, aiming to prevent recidivism and promote reintegration.

4. Awareness and Public Engagement

Public awareness is vital for the effective implementation of juvenile justice. Campaigns, seminars, and training sessions have been conducted in schools, communities, and media platforms on child rights, legal literacy, and violence prevention. Multidisciplinary teams of social workers, psychologists, and educators work with children and families to support social adaptation.

Challenges in the Juvenile Justice System

Despite progress, several systemic challenges hinder the full realization of a child-sensitive justice system in Azerbaijan:

1. Absence of Juvenile Courts

Azerbaijan lacks specialized juvenile courts, leading to children’s cases being heard in general courts without the involvement of trained judges. This can result in rights violations and psychological trauma.

2. Lengthy Investigations

Prolonged investigative procedures adversely affect children’s mental well-being, education, and social integration. Delays may result in stigma and isolation for both children and their families.

3. Delays in Legal Proceedings

Extended court processes diminish a child’s understanding of responsibility and hinder reintegration into normal life.

4. Shortage of Specialized Personnel

There is a limited number of judges, lawyers, and legal professionals trained in child rights and psychology. Most current practitioners have not received specialized training, leading to inadequate protection during legal proceedings.

Recommendations

To enhance the juvenile justice system, the following measures are recommended:

• Establishment of specialized juvenile courts

• Expedited and trauma-informed legal procedures for children

• Recruitment and training of child-focused legal professionals

• Expansion of child-friendly judicial and investigative environments

• Strengthening of rehabilitation and diversion programs to prevent educational and social exclusion

  
  

The Juvenile Justice Centre: A Model for Rehabilitation and Reintegration

A key initiative in this domain is the Juvenile Justice Centre, which operates across penitentiary institutions and probation services. It provides integrated social, psychological, and legal support to minors in conflict with the law. The Centre’s services include needs-based case management, individual and group therapy, legal representation, and educational and employment support.

Between 2021 and 2025, the Centre supported 656 children (608 boys and 48 girls). It also ensured access to healthcare and vocational training. This holistic approach emphasizes rehabilitation over punishment, aiming for long-term reintegration.

Challenges Faced by the Juvenile Justice Centre

The Centre faces operational difficulties such as inconsistent referrals, delays in inter-agency coordination, limited family cooperation, high staff workload, lack of trained specialists, and legal documentation issues (e.g., missing IDs). Additionally, limited financial and infrastructural resources constrain the scalability and sustainability of services.

Despite these challenges, ongoing efforts by project teams and partner institutions are focused on improving coordination, family engagement, staff training, and legal frameworks to ensure a robust and child-centered justice system.

Rate of children in detention per 100,000: 12 (October 2022) https://data.unicef.org/resources/dataset/children-in-detention/