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President of the Republic of Azerbaijan, Supreme Commander-in-Chief Ilham Aliyev issued a Decree on “Declaring martial law”.

30 September 2020 | 01:00

On September 27, 2020, considering the fact that the armed forces of the Republic of Armenia grossly violated norms of international law, fired settlements and military positions of the Republic of Azerbaijan in several directions using different weapons, including heavy artillery, as a result there are dead and injured civilians and servicemen, the Azerbaijani Army launched the counter-offensive operations in order to prevent such attacks, President of the Republic of Azerbaijan signed a Decree on “Declaring martial law” pursuant to the Paragraph 29 of Article 109 and Article 111 of the Constitution of the Republic of Azerbaijan. The Decree on declaring martial law in the country not only indicates high-level military preparation, but also symbolizes the unity of people, state and army. According to the Decree, in connection with the occupation of Nagorno Karabakh region and surrounding districts of the Republic of Azerbaijan, carrying out armed attacks against the Republic of Azerbaijan and committing regular military provocations by the armed forces of the Republic of Armenia, martial law was declared in all territories of the Republic of Azerbaijan from September 28, 2020, at 00:00 o’clock. Azerbaijan National Council made a decision on this. So, declaring martial law in the country, curfew is applied from 21:00 to 06:00 during the martial law in the cities of Baku, Ganja, Sumgayit, Yevlakh, Mingachevir, Naftalan and in the districts of Absheron, Jabrayil, Fuzuli, Aghjabadi, Beylagan, Aghdam, Barda, Tartar, Goranboy, Goygol, Dashkasan, Gadabay, Tovuz, Shamkir, Gazakh and Aghstafa. Declaring martial law in the country is an adequate response to Armenian provocations. The fact that thousands of people regardless of age and social status, enlisted in the army as a volunteer proves the preparedness of the Azerbaijani community for martial law. According to the legislation, while declaring martial law people’s rights and freedoms may be partially or temporarily restricted provided that the people must be informed in advance and international obligations of the Republic of Azerbaijan must be regarded. According to international documents, Secretaries General of the UN and Council of Europe must be informed within 3 days. If the basis for a decree is not eliminated or new basis appears until the expiration of martial law, term of martial law shall be extended. If the basis for a decree is eliminated and new basis does not appear, martial law shall be liquidated. Declaring martial law in the country is not continuation of militarist rhetoric. This decree is continuation of the policy to prevent the Armenian occupation. During the martial law, National Council, court, prosecutors and Ombudsman keep their activities continuing. In this term, strengthening the security of special facilities, switch to special working regime, quarantine regime, special working regime or termination of educational institutions, evacuation of people, material and cultural resources to safe districts, inspection of premises and rooms, vehicles belonging to any institutions, enterprises and organizations is possible. In case of martial law, right to move freely, to select residential place, etc. rights and freedoms may be restricted. Special entry and exit regime may be applied in the area (areas) in which martial law is declared, special entry and exit rules may be imposed in the country, the right to select living or residential area and movement of vehicles may be restricted. Declaring martial law in the country and people’s support to the mentioned Presidential Decree of the Republic of Azerbaijan is a political message to the international community. It is a message on the Azerbaijani people’s enthusiasm and being ready to fight for justice. Unlike Armenia, Azerbaijan does not pursue an occupying policy. As in all times, today tolerance, peace and intercultural dialogue are also one of main political and moral values. The state of Azerbaijan conducts its fair war for the sake of protecting those values in the country and whole region. Since September 28, in the territories of Azerbaijan where curfew in applied people are not allowed to be in streets and other public areas without special approval and identity documents from 21:00 to 06:00. Moreover, measures shall be taken for the special entry and exit regime and restriction of the movement of vehicles. The Ministry of Domestic Affairs was entrusted to perform the measures arising out of curfew. During martial law, a special employment condition shall be defined. So, individuals and legal entities may be involved to eliminate results of some incidents. During martial law, strikes and actions are not allowed. Regardless of the type of property, movable and immovable property (with compensation of private property) may be purchased or used for defense needs. According to the legislation, if martial law is declared in more than 25% of the country’s territory, during the martial law, as well as within 3 (three) months after liquidation of martial law, referendums, elections or local opinion polls may not be scheduled or held. Moreover, political parties, trade unions, public unions, funds and other non-governmental organizations may be terminated, and meetings and demonstrations may be prohibited. During martial law, strengthening confidentiality regime, use of communication, ensuring the stability of telecommunication networks, devices and facilities, post offices shall be further controlled. In this period information and materials of mass media may be subject to military censorship, the special operating mode may be applied, even presentations on restriction or termination of their activities may be submitted to related bodies and activity of mass media may be regulated in the frontline zone. Today the Azerbaijani society is witnessing greater national solidarity than ever before. In the political history of the country it was for the first time that leaders of 50 political parties made a joint statement on standing by Supreme Commander-in-Chief, President Ilham Aliyev and it is the highest indication of national unity. Persons who violate legislation on martial law shall be held responsible under the Code of Administrative Offenses, Criminal and Civil Code. The Decree on “Declaring martial law” of the President of the Republic of Azerbaijan shows that the Azerbaijani government and the Azerbaijani people made their choice, and this choice is a decision to restore truth and historical justice.

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