Law of the Republic of Azerbaijan on struggle against terrorism
This Law defines legal and organization basis of struggle against terrorism in the Republic of Azerbaijan, coordinates the activities of state authorities, performing struggle against terrorism, and secures rights and responsibilities of these authorities and citizens.
Chapter I. General provisions
Article 1. Key definitions
Following definitions are used in this Law:
- terrorism — committing of explosions, fires and other actions (act of terrorism) threatening the lives of people, damaging their health, causing significant property damage or occurrence of other hazardous consequences to public, with the purpose of destruction of public security, spread of panic among population or influencing the decisions of state authorities or international entities, as well as threat of committing of such actions for the same purposes;
- terrorist — an individual who, in some form or another, directly or indirectly, intentionally participates in the conduct of terrorist activities as an organizer, instigator, assistant or executor, or prepares such acts or attempts to commit them, and also deliberately assists a group of persons by previous concert, an organized group or a criminal community in the conduct of terrorist activities;
- terrorist group — union of two or more persons for the purposes of implementation of terrorist activities;
- terrorist organization - a group of terrorists or an organization that considers the use of terrorism in its activities as possible, which in some form, directly or indirectly, intentionally participate in the conduct of terrorist activities as an organizer, instigator, assistant or executor, prepares terrorist acts or attempts to commit them, and also knowingly assists a group of persons by previous concert, an organized group or a criminal community in the conduct of a terrorist activities. If one of structural units with the consent of any managing authority of the organization is engaged in terrorist activities, such organization shall be deemed a terrorist organization;
- struggle against terrorism— activity connected to identification, prevention of terrorist acts or minimizing the damage as a result of terror;
- operations against terror — special activities implemented for the purposes of prevention of the acts of terrorism, provision of security of natural persons, disarming, of terrorists, as well as minimizing of damage which may be incurred as a result of act of terrorism;
- anti-terrorist operation zone — territorial boundaries or certain sections offshore, transport means, buildings, installations, residential houses and adjacent territories or offshore areas, where operations are implemented;
- terrorist activity — activity related to organization, planning, preparation and implementation of acts of terrorism, acts of violence over natural persons or legal entities, for the purposes of terror via destruction or damaging of material facilities, formation of armed groups, criminal groups for the purposes of committing of acts of terrorism, as well as participation in these acts, involvement of others to terrorist activities, their arming, training and use, deliberate funding of terrorist groups or provision of other assistance;
- international terrorist activity—activities of terrorists or terrorist organizations on the territory of several states, or related to crime, which can damage interests of several states, committed by the person against the citizen of any state on the territory of the state, or other state, in the event, when terrorist and person affected by the terror, are the citizens of the same or different states, outside of the territory of this state;
- terrorism financing — deliberate collection or transfer directly and indirectly of all or part of the funds or other property, regardless of source of receipt, knowing that they will be used to finance preparation, organization or committing by a person or group (gang, organization) of the actions specified in Articles 219-1, 219-2, 226, 227, 227-1, 270-1, 277, 278, 279, 280, 282 and 283-1 of the Criminal Code of the Republic of Azerbaijan or for financing a terrorist or terrorist group (gang, organization);
- funds or other property – irrespective of their source, any tangible or intangible property, moveable or immovable property, as well as and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, including bank loans, travellers’ cheques, banque cheques, money orders, shares and securities, bonds, drafts, letters of credit.
Article 2. Anti-terrorist legislation
Anti-terrorist legislation is comprised of the Constitution of the Republic of Azerbaijan, intergovernmental treaties to which the Republic of Azerbaijan is a signatory, this Law and other legislative acts of the Republic of Azerbaijan.
Article 3. Purpose of struggle against terrorism
Struggle against terrorism in the Republic of Azerbaijan is implemented for following purposes:
1) provision of human rights and freedoms, public and state security;
2) identification, prevention of terrorism and minimization of the damage resulting from terrorism;
3) identification and liquidation of causes and conditions for formation and commitment of terror, as well as terrorist funding or other assistance.
Article 4. Main principles of struggle against terrorism
Struggle against terrorism in the Republic of Azerbaijan is based on following principles:
1) provision of legality;
2) inevitability of punishment stipulated under the legislation of the Republic of Azerbaijan for commitment of terrorist activity;
3) coordination of public and concealed methods of struggle against terrorist;
4) combined use of legal, political, socio-economic and organizational-preventive measures;
5) prioritized protection of rights of persons endangered by terrorist activity;
6) independence in control of resources attracted to operations against terrorism;
7) minimum disclosure of staff involved in operations against terrorism, including methods and tactics used for these purposes.
Chapter II. Organization of struggle against terrorism. Performance of anti-terrorist operations
Article 5. Authorities performing struggle against terrorism
Provision of necessary anti-terrorist forces and resources, as well as control over the struggle against terrorism is implemented by the relevant executive authority of the Republic of Azerbaijan.
Other relevant authorities of the Republic of Azerbaijan within their competence take part in anti-terrorist activities in accordance with this Law.
Article 6. Assistance to state authorities involved in anti-terrorist activities
State and local management authorities, organizations and unions independent of their form of ownership, officials and citizens shall assist the state authorities engaged in anti-terrorist activities.
They all obliged to provide to law-enforcement agencies the information and data on the event, which may help in identification and prevention of terror, as well as minimization of damage which may occur.
Article 7. Control of anti-terrorist operations
For the purposes of direct and unified control of anti-terrorist operations, by the decision of relevant executive authority dependent on the requirement, the temporary (for the period of implementation of anti-terrorist operation) operations center shall be established to control the anti-terrorist operations (hereinafter referred to as operations center) and person in charge is appointed.
Operational procedures of the operations center shall be regulated by the statute approved by the relevant executive authority.
Staff involved in anti-terrorist operations: military servicemen, associates and experts shall report to person in charge of the operations center since commencement of operation.
Person in charge of the operations center defined the operations zone, specifics of implemented anti-terrorist operation, and makes decisions on use of attracted forces and sources.
Person in charge of the operations center adopts other decisions including the decisions limiting the rights of officials and citizens, to provide their partial and temporary provision of their security in the anti-terrorist operation zone.
Instructions of the person in charge of the operations center shall be implemented by all officials and citizens in the anti-terrorist operations zone.
During the anti-terrorist operation, nobody can interfere with actions of the person in charge of operations center or cancel his decisions, with exception of the head of relevant state authority.
Article 8. Provision of forces and resources to anti-terror operations
For the purposes of performance of anti-terror operations the operations center uses required forces and resources subordinated to relevant executive authorities, participating in anti-terrorist operations.
Article 9. Legal regime of the anti-terror operations zone
In the anti-terror operations zone, the persons performing the operation shall have the following rights:
1) if necessary, to apply measures temporarily limiting or restricting traffic of transport means and pedestrians on the streets and roads, restrict the access of transport to certain areas and facilities, restrict the towing of transports;
2) check identification documents of citizens and officials, and in the event of absence of such documents detain them in accordance with procedures and terms set by the legislation of the Republic of Azerbaijan;
3) detain persons performing actions directed at interference of operations of anti-terrorist operations forces, and transfer them to relevant executive authority;
4) if during the arrest of suspects in the prevention of the acts of terrorism, performance of such acts or postponement of them endangers the health and lives of people, enter into apartments and places of residence of citizens, their land, independent of the form of ownership, as well as to territories, buildings and transport means of entities, independent of the form of ownership in accordance with procedures set by the legislation of the Republic of Azerbaijan;
5) in entering or leaving the anti-terrorist operations zone, survey with or without use of technical means and in accordance with procedures, establish by the legislation of the Republic of Azerbaijan, citizens, their belongings, transport means and items in their transport means, with exception of transport means owned by diplomatic representations and consulates;
6) with exception of telecommunications and transport means of diplomatic representations or consulates, use for operational purposes telecommunications and transport means, owned by citizens, organizations, public unions, independent of their form of ownership.
Activities of mass media in the anti-terrorist operations zone shall be defined by the person in charge of operations center.
Article 10. Negotiations with terrorist
For the purposes of identification of opportunities for saving lives and property, as well as prevention of the acts of terrorism, negotiations with terrorists shall be allowed.
Only persons authorized by the person in charge of the operations center shall be allowed to negotiate with terrorists.
During negotiations with terrorist, as condition, for the purpose of the acts of terrorism suppression, there is a prohibition passing of any person to terrorists against his will, execution of political requirements, as well as provision of weapons and other means application of which will endanger lives ad health of people.
Negotiations with terrorists can not be the basis for their release from liability for committed actions, as per legislation of the Republic of Azerbaijan.
Article 11. Public disclosure about terrorist acts
During operations implemented against terror, the public is informed about the acts of terrorism in the form and to the extent established by the person in charge of the operations center or responsible representative of operations center for public relations.
Disclosure of following information is not allowed:
1) tactics and technical methods of anti-terror operation;
2) information endangering lives and health of people within or outside the anti-terrorist operations zone, interfering the anti-terror operation implementation;
3) information justifying or promoting terrorism;
4) about persons participating in anti-terror operation, as well as assisting in implementation.
Article 12. Completion of anti-terror operation
In prevention of the act of terrorism or liquidation of threats to lives and health of people in the anti-terror operations zone, the operation shall be deemed complete.
Head of operations center shall announce the completion of operation.
Chapter III. Compensation of damage incurred as a result of acts of terrorism. Legal and social protection of persons involved in anti-terrorist activities
Article 13. Compensation of damage incurred as a result of acts of terrorism, and social rehabilitation of victims
Damage incurred as a result of acts of terrorism to property of natural persons and legal entities shall be compensated at complete value by state budget funds, and then this amount is withdrawn from persons responsible.
Under social rehabilitation of victims of acts of terrorism shall be meant the legal, psychological, medical and professional aid, provision of jobs or living space.
Social rehabilitation of victims of acts of terrorism, as well as persons stipulated under Article 14 of this Law shall be implemented at the expense of state budget.
Procedure for social rehabilitation of victims of acts of terrorism shall be defined by the relevant executive authority of the Republic of Azerbaijan.
Article 14. Legal and social protection of persons involved in anti-terrorist activities
Persons engaged in anti-terrorist activities shall be protected by state. Legal and social protection measures shall be applied to following persons:
1) associates of the relevant executive authority who directly involved in anti-terrorist activities;
2) persons permanently or temporarily assisting state authorities in prevention, identification of terrorist activities and minimization of damage, which may incur as a result of such activity;
3) persons engaged in items 1 and 2 of this article, in the event of damage to their health in the course of execution of their duties or property of their family members.
Damage incurred to health or property of persons engaged in anti-terrorist activities shall be compensated in accordance with procedures stipulated under the legislation of the Republic of Azerbaijan.
In the event of death during anti-terrorist operations of the associate, his family and dependents are paid the lump sump amount of compensation at the amount of hundred times of mean monthly salary, then such amount is withheld from persons responsible.
If person involved in anti-terrorist activity was damaged (injured, wounded, contused), which can not allow him to carry on with his duties the compensation shall be paid from state budget at the amount of ninety times of his mean monthly salary, and later this amount is withheld from persons responsible.
The lump-sum compensation provided for in the third and fourth parts of this article is paid only in accordance with the Law of the Republic of Azerbaijan "On cashless payments".
Article 15. Exempt from liability for damage incurred
In accordance with procedures of legislation of the Republic of Azerbaijan the damage to lives, health and property of terrorists is allowed during anti-terrorist operations. Persons engaged in anti-terrorist activities shall not be liable for damages incurred during the operations.
Article 16. Privileged calculation of years of service
In calculation of the amount of pension for employees of relevant executive authorities, serving in anti-terrorist groups, years of service are calculated as follows: one day of service as two days of service and term of participation in anti-terrorist operations as follows: one day of service as three days of service.
Chapter IV. Liability for involvement in terrorist activities
Article17. Liability for involvement in terrorist activities
Persons involved in terrorist activities shall bear liability in accordance with procedures stipulated under the legislation of the Republic of Azerbaijan.
With consideration of interests of provision of human rights and freedoms, state and international security, persons committing terrorist attacks or involved in such attacks, independent of the place of planning or implementation of such acts, in accordance with legislation of the Republic of Azerbaijan, as well as intergovernmental treaties to which the Republic of Azerbaijan is a signatory, shall be brought to criminal justice and shall be punished or issued for bringing to justice to foreign state.
Article 18. Processing of cases related to terrorist activities
Crimes related to terrorist activities, as well as cases on compensation of damage caused by acts of terrorism, in accordance with legislation of the Republic of Azerbaijan may be processed as closed court hearings by the decision of court (judge).
Article 19. Liabilities of organizations for terrorist activities
For involvement in terrorist activities the organization (its affiliate, representation), operating on the territory of the Republic of Azerbaijan in accordance with procedures established by the legislation of the Republic of Azerbaijan, can be liquidated on the basis of court decision.
In liquidation of organization, the involvement of which in terrorist activities is established in accordance with legislation of the Republic of Azerbaijan, its property in accordance with legislation of the Republic of Azerbaijan shall be confiscated and retained by state.
Chapter V. Final Provisions
Article 19. Control over legality of anti-terrorist activities
Control over legality of anti-terrorist activities is performed by the General Prosecutor of the Republic of Azerbaijan and subordinated prosecutors.
The application to court for bringing of organization to justice for terrorist activities shall be submitted by the General Prosecutor of the Republic of Azerbaijan and subordinated prosecutors.
Article 20. International cooperation in the area of struggle against terrorism
On the basis of intergovernmental treaties to which the Republic of Azerbaijan is a signatory, contacts shall be maintained with foreign states, their law-enforcement agencies in the area of struggle against terrorism, as well as international anti-terrorist organizations.
Article 21. Liability for violation of this Law
Officials and citizens shall be liable for violation of this Law in accordance with procedures established under the legislation of the Republic of Azerbaijan.
President of the Republic of Azerbaijan
City of Baku, June 18, 1999
Published in «Azerbaijan» newspaper (August 31, 1999, No. 198).
Published in the Collection of Legislation of the Republic of Azerbaijan (August 31, 1999, No. 8, Article 475).
With changes from October 5, 2001, No. 183-IIGD; May 17, 2002, No. 332-IIGD; March 5, 2004, No. 598-IIGD; September 1, 2005, No. 977-IIGD; December 16, 2008, No. 741-IIIQD; March 5, 2010, No. 973-IIIGD; March 14, 2014, No. 921-IVQD; May 31, 2016, No. 266-VQD; June 13, 2017, No. 733-VQD; June 13, 2017, No. 723-VQD; February 1, 2018, No. 978-VQD; May 30, 2019, No. 1599-VQD .