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DRAFT

LAW OF THE REPUBLIC OF AZERBAIJAN

On the amendments and addition to several legislative acts of the Republic of Azerbaijan

LEGISLATIONLINE NOTE: The Law of the Republic of Azerbaijan on the amendments and addition to several legislative acts of the Republic of Azerbaijan, was adopted in September 2005.  Legislationline does not yet have access to a translated version of the adopted text, and until such time, this draft (as presented to the Parliament of Azerbaijan) is posted.  The final adopted version shall be posted in the near future.

Milli Majlis of the Republic of Azerbaijan makes a decision:

I. To make the following changes to the Criminal Code of the Republic of Azerbaijan (Compilation of the Legislative Acts of the Republic of Azerbaijan, 2000, No.4, Book II, Article 251, No.12, Art. 835; 2001, No.1, Article 24, No.7, Art. 455; 2002, No.1, Article 9, No.5, Arts. 236, 248, 258, No.6, Art. 326, No.8, Art. 465; 2003, No.6, Arts. 276, 279, No.8, Art. 425, No.12, Book I, Art. 676; 2004, No.1, Article 10, No.4, Art. 200, No.5, Art. 321, No.8, Art. 598, No.10, Art. 762, No.11, Art. 900; 2005, No.1, Art.3; the laws of the of the Republic of Azerbaijan of 15 April  2005, No. 885-IIQD; and 14 June, No. 937-IIQD):

1. To add the words “human trafficking” after the words ““war crimes” in Art. 12.3 of the Code;

2. To add new Arts. 144-1, 144-2 and 316-1 in the following content:

“Art. 144-1. Human Trafficking

144-1.1. Human trafficking, i.e. purchase and sale of human being or making other agreement with regard to ownership over the person or his/her involvement, obtaining, storage, concealment, transportation, giving or receiving with an aim to exploit for transferring through the state border of the Republic of Azerbaijan or for giving to other individuals with the same aim –

shall be penalized with five to ten years of deprivation of liberty with the confiscation of the property.

144-1.2. If similar actions are made:

144-1.2.1. against two or more persons

144-1.2.2. repeatedly;

144-1.2.3. against minors;

144-1.2.4. against a pregnant woman whose pregnancy is apparent to the accused person;

144-1.2.5. by preliminary conjoint group of people, organized group or criminal union (criminal organization);

144-1.2.6. by accused person by abusing his duty position;

144-1.2.7. by applying force that endangers the life and health or when threatening to apply this force;

144-1.2.8  by means of tortures to victims or cruel, inhumane, or degrading treatment;

144-1.2.9. with the purpose to use the organs or tissues of the victim –

shall be penalized with ten to twelve years of deprivation of liberty with the confiscation of the property.

Note:

1. “Exploitation of human being” in this Article means forced labour (service), sexual exploitation, slavery, traditions similar to slavery and dependence caused by them, illegal transplantation of human organs and tissues, conducting unlawful biomedical research on persons, involvement in illegal as well as criminal activity.

2. The consent of a victim of human trafficking to the exploitation, life style, as well as immoral behavior shall not be considered as mitigating circumstances with regard to the punishment of the accused person in human trafficking.

Art. 144-2. Forced Labour

144-2.1. Coercion to fulfillment of certain tasks by limiting the freedom of a person by means of application of force, threat or intimidation of the force to be applied -

Shall be penalized with two years of correctional work or deprivation of liberty for the same period.

144-2.2. if similar actions are made:

144-2.2.1 against two or more persons;

144-2.2.2. repeatedly;

144-2.2.3. against minors;

144-2.2.4. against a pregnant woman whose pregnancy is apparent to the accused person;

144-2.2.5. by accused person by abusing his/her duty position;

144-2.2.6  by preliminary conjoint group of people, organized group or criminal union (criminal organization);

Shall be penalized with three to five years of deprivation of liberty.             

144-2.3 If actions stated in Arts. 144-2.1 and 144-2.2. of the Code, result in death of the victim or other grave consequences out of negligence –

Shall be penalized with five to ten years of deprivation of liberty.

Art 316-1. Dissemination of confidential information about the victim of human trafficking

316-1.1. Illegal collection or deliberate dissemination of confidential information about the victim of human trafficking –

Shall be punished with a fine from one hundred to five hundred of the sum of the conditional monetary unit or with public work for two hundred and forty hours or correctional work for the period of one year.

316-1.2 If the similar actions are committed by accused person by means of misusing his/her duty position –

It shall be punished with a fine from five hundred to one thousand of the sum of conditional monetary unit or correctional work for the period of one year or deprivation of liberty up to six months.

316-1.3. If the similar actions result in grave consequences –

It shall be punished from one to five years of deprivation of liberty.

Note:

“confidential information” in this Article means any information that may endanger the life or health of the victim, his or her relatives as well as persons who assist in struggle against  human trafficking;

3. Art. 173 shall be removed.

II. To add Art. 150-1 in the following content to the Administrative Offences Code of the Republic of Azerbaijan (Compilation of Legislative Acts of the Republic of Azerbaijan, 2000, No.8, Book I, Art. 584; 2001, No.1, Art.24, No.3, Art. 139, No.7, Art. 455, No.11, Arts. 680, 698, No. 12, Art. 731; 2002, No.1, Art. 9, No.4, Book I, Art.165, No.5, Arts. 234, 237, 239, No.6, Art. 326, No.8, Art. 463, No.12, Art.692; 2003, No.1, Arts. 3, 12, 23, No.4, Arts. 177, 178; No.5, Art. 228; No.6, Arts. 257, 276, 279; 2003, No.8, Arts. 407,425, No.12, Book I, Arts. 676, 696,Book II, Arts. 713, 714; 2004, No.1, Arts. 6,7,10,13, No.4, Arts. 200,201,204; No.5, Arts. 313, 314, 317, 321, No.8, Arts. 596, 597, No.10, Arts. 762, 779, NO.11, Art. 900, No.12, Art. 973; 2005, No.1, Arts. 4,5; No.2, Art. 61, No.4,  Arts. 272, 273, 275; the laws of the of the Republic of Azerbaijan of 15 April  2005, No. 885-IIQD; No. 890 – IIQD, 14 June, No. 938-IIQD, 24 June No. 947 –IIQD, No.948 - IIQD):

“Art. 150-1. Transportation of passengers not in possession of valid travel documents

Transportation of passengers not in possession of valid travel documents by the persons executing international transportations for entering to or departure from the territories of relevant country  -

shall be subjected to a fine: in the case of natural persons: from thirty five to forty times of the sum of the conditional monetary unit; public officials: from eighty to ninety times of the sum of conditional monetary unit; legal persons: from two hundred to three hundred times of conditional monetary unit.

This Law shall enter into force on the day of its publish.

Ilham Aliyev

President of the Republic of Azerbaijan

Baku ________, 2005

No.