Related Rule
Azerbaijan
Practice Relating to Rule 100. Fair Trial Guarantees
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) prohibits, with regard to civilian persons and prisoners of war, the “passing of sentences … without a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees provided by international law”. 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Articles 17(9) and 21(4).
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
Under the provisions of article 22 of the Code of Criminal Procedure, the authorities conducting criminal proceedings must uphold the right of everyone to a fair and open trial on the charges brought by the prosecution or in connection with the procedural enforcement measures applied against them. There may be no derogation on any grounds from the right to stand trial. 
Azerbaijan, Third periodic report to the Human Rights Committee, 10 December 2007, UN Doc. CCPR/C/AZE/3, submitted 4 October 2007, § 356.
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
360. Under the provisions of article 25 of the Code of Criminal Procedure, judges and jurors are independent and subject only to the laws of the Republic of Azerbaijan.
361. Judges and jurors may not be associated with the findings of the authorities conducting criminal proceedings, issued during the preliminary investigation.
362. Judges and jurors reach decisions on criminal cases or other matters relating to criminal prosecutions, in accordance with their own inner convictions and knowledge of the law, which are based on a study of the evidence presented in court by the parties to the proceedings.
363. The courts of the Republic of Azerbaijan administer justice under conditions that preclude the exertion of any unlawful pressure on the independence and will of judges and jurors. 
Azerbaijan, Third periodic report to the Human Rights Committee, 10 December 2007, UN Doc. CCPR/C/AZE/3, submitted 4 October 2007, §§ 360–363.
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. 
Azerbaijan, Third periodic report to the Human Rights Committee, 10 December 2007, UN Doc. CCPR/C/AZE/3, submitted 4 October 2007, §§ 376–378.
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
In order to ensure the correct application of the rules set out in the Code of Criminal Procedure, persons conducting inquiries and investigations are required, from the moment that suspects are taken into custody, to explain to them their rights, including the right to defence counsel. A defence lawyer must be made available to detainees from the moment that they are taken into custody. 
Azerbaijan, Third periodic report to the Human Rights Committee, 10 December 2007, UN Doc. CCPR/C/AZE/3, submitted 4 October 2007, § 130.
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
372. Under the provisions of article 10 of the Code of Civil Procedure, proceedings in courts are conducted in accordance with the principle of transparency. Cases in all courts are heard in public, except where there is need to protect State, professional and trade secrets, or the confidentiality of personal and family information, or to protect the interests of minors.
373. In cases where, for reasons of morality, law and order or public safety, and also in the light of other special circumstances, the conduct of public hearings in a democratic society will be prejudicial to the interests of justice, the court proceedings, or a part thereof, may be conducted in closed session. Persons participating in court proceedings may, in order to protect the confidentiality of adoption or inheritance, trade secrets, or the confidentiality of inventions, tax information or other matters, and also of private personal and family matters, may request that court proceedings be conducted in camera.
374. Hearings in camera are conducted in compliance with all the rules of court proceedings.
375. All court judgements are made public. 
Azerbaijan, Third periodic report to the Human Rights Committee, 10 December 2007, UN Doc. CCPR/C/AZE/3, submitted 4 October 2007, §§ 372–375.