Practice Relating to Rule 100. Fair Trial Guarantees
Section C. Presumption of innocence
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
376. Under the provisions of article 21 of the Code of Criminal Procedure, any person accused of an offence shall be presumed innocent until proved guilty in the manner prescribed by the Code.
377. Persons may not be presumed guilty, even if there are compelling grounds for suspicion of their guilt. Under the provisions of the Code, accused persons (suspects) shall have the benefit of any doubt which cannot be resolved through appropriate legal procedures. Similarly, they shall have the benefit of any doubt which is not resolved through the application of criminal law and the law of criminal procedure.
378. Persons charged with offences are not obliged to prove their innocence. The burden of proof of the charges and refutation of the arguments put forward in defence of the accused rests with the prosecution.