Azerbaijan’s Constitutional Court has upheld a restriction barring sentence deferrals for people imprisoned for more than five years for serious or especially serious crimes against the person.
The court’s Plenum issued the ruling on Oct. 16 after examining a request from the country’s human rights commissioner, or ombudsman. The decision was reported by Report and APA, citing the court’s press service.
The review concerned Article 79.1 of Azerbaijan’s Criminal Code. Under that provision, a court may postpone the imprisonment of a pregnant woman, a woman with a child younger than 14, or a man who is raising a child of that age alone. A deferral may last until the child turns 14.
The option does not apply, however, to people sentenced to more than five years in prison for a serious or especially serious crime against the person. The Plenum found that exception constitutional.
The court said the restriction seeks to balance the best interests of children with public safety and the protection of the individual as a supreme constitutional value. It found the rule consistent with the relevant provisions of Articles 25, 71 and 149 of the Constitution.
The Plenum also said judges deciding whether to grant a deferral should not rely only on formal eligibility. They must consider the nature and public danger of the offense, information about the convicted person and whether the purposes of punishment can be achieved without isolating that person from society.
The decision preserves an existing exception; it does not impose a new blanket prohibition on sentence deferrals for parents. Report said the ruling takes effect from the date of publication.
The current text of Azerbaijan’s Criminal Code is available through the state legal database.