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Azerbaijan announces categories eligible for amnesty regardless of sentence length

With the exception of those convicted of grave and especially grave crimes, the categories of persons who will be released from imprisonment for a certain period regardless of the length of the sentence imposed as a result of the application of amnesty have been announced, APA reports.

This is reflected in the parliamentary decision “On the Declaration of Amnesty on the Occasion of the ‘Year of Constitution and Sovereignty’,” adopted at today’s session of the Milli Majlis.

With the exception of those convicted of grave and especially grave crimes, regardless of the length of the sentence imposed, the following convicted persons will be released from imprisonment for a certain period:

 Persons who participated in combat operations for the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan, including the Patriotic War and the anti-terrorist operation conducted on September 19–20, 2023, as well as close relatives of those who were killed or went missing in these operations;

• Persons awarded orders and medals of the Republic of Azerbaijan for participation in combat operations for the protection of sovereignty and territorial integrity, including the Patriotic War and the anti-terrorist operation of September 19–20, 2023, as well as for other special services (except for those deprived of orders and medals in accordance with the law);

• Persons who, by the date this Resolution enters into force, including during the Patriotic War, became disabled or whose close relatives were killed as a result of military provocations by the Republic of Armenia against the civilian population;

• Persons who became disabled during the Khojaly genocide, as well as close relatives of those killed or missing;

• Persons deported from Armenia in 1948–1953 and 1987–1991 as a result of policies of ethnic cleansing, terrorism, and genocide;

• Persons who became internally displaced as a result of the occupation of part of the territory of Azerbaijan by Armenia in 1988–1993;

• Persons who were recognized as disabled in connection with the January 20, 1990 events, and close relatives of those who were martyred;

• Persons who fulfilled their international duty or participated in peacekeeping operations within the Armed Forces of the Republic of Azerbaijan or the former USSR, as well as close relatives of those who were killed or went missing in the course of performing these duties;

• Persons who participated in battles against fascism during World War II, as well as those who served in the Armed Forces of the former USSR and on the home front during that period and persons equated to them in accordance with legislation, as well as close relatives of those killed or missing in these battles, and persons awarded orders and medals of the former USSR (except for those deprived of such awards in accordance with the law);

• Persons subjected to political repression during the former USSR period who were later acquitted by decisions of competent authorities, and their close relatives;

• Persons who participated in the liquidation of the consequences of the Chernobyl disaster and persons under their guardianship (if guardianship has been established in accordance with the law);

• Women;

• Persons who had not reached the age of 18 at the time of committing the crime;

• Persons who had reached the age of 60 by the date this Resolution enters into force;

• Persons recognized as disabled due to a 61–100 percent impairment of bodily functions by the date this Resolution enters into force;

• Persons who have dependent minor children or children recognized as disabled due to a 61–100 percent impairment of bodily functions, including persons whose paternity, adoption, guardianship, or custody had been established in accordance with the law by the date this Resolution enters into force.

In addition to these persons, with the exception of those to whom amnesty is not applied under the Law “On Restricting the Application of Amnesty Acts,” the following convicted persons will be released from punishment:

• Persons sentenced to imprisonment for a fixed term solely for committing crimes that do not pose great public danger;

• Persons sentenced to imprisonment for a term not exceeding five years for crimes committed through negligence;

• Persons sentenced to imprisonment for a fixed term for committing less serious crimes whose unserved portion of the sentence does not exceed one year by the date this Resolution enters into force;

• Persons who committed a serious crime for the first time and whose unserved portion of the imprisonment sentence does not exceed six months by the date this Resolution enters into force;

• Persons sentenced to detention in a disciplinary military unit;

• Persons sentenced to restriction of liberty;

• Persons sentenced to restriction in military service;

• Persons sentenced to corrective labor;

• Persons sentenced to community service;

• Persons sentenced, as the main punishment, to deprivation of the right to hold certain positions or engage in certain activities;

• Persons sentenced to a fine as a main or additional punishment for crimes that do not pose great public danger, as well as persons sentenced to a fine not exceeding 3,000 manats as a main or additional punishment, or whose unpaid portion of the fine does not exceed 3,000 manats on the day this Resolution is applied;

• Persons conditionally sentenced to imprisonment or conditionally released early from such punishment, or whose serving of such punishment has been deferred, for committing crimes that do not pose great public danger or less serious crimes;

• Persons conditionally sentenced to punishments not involving deprivation of liberty, or conditionally released early from such punishments, or whose serving of such punishments has been deferred.

With regard to the above-mentioned persons, as well as persons who committed crimes that do not pose great public danger, amnesty will be applied by inquiry and preliminary investigation bodies, criminal prosecution will not be initiated, and any initiated criminal prosecution will be terminated.

Note that the President of Azerbaijan, Ilham Aliyev, initiated the declaration of amnesty.

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